Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 184 - NEBRASKA DEPARTMENT OF HEALTH
Chapter 3 - RULES OF PRACTICE AND PROCEDURE OF THE DEPARTMENT OF HEALTH FOR PETITIONS FOR PROMULGATION, AMENDMENT, OR REPEAL OF REGULATIONS
Section 184-3-005 - CONSIDERATION AND DISPOSITION OF PETITIONS

Universal Citation: 184 NE Admin Rules and Regs ch 3 § 005

Current through March 20, 2024

005.01 Process Generally

Upon the filing of the petition the Director will designate him/herself or a Department representative to make the final decision on the petition. The Director may also assign an employee or hearing officer to consider the petition and recommend a decision to the Director.

005.01A Upon the filing of a petition, the Department may, in its discretion do one or more of the following:

005.01A1 Require that additional information be submitted before the petition will be considered.

005.01A2 Schedule a date, time and location at which the petitioner may make an oral presentation on the petition before a ruling is made.

005.01A3 Consider the petition and other materials submitted without oral presentation.

005.01B In disposing of a petition, the Department may:

005.01B1 Deny the petition;

005.01B2 Initiate rulemaking proceedings; or

005.01B3 If otherwise lawful, adopt a rule or regulation.

005.02 By Whom Made

The Director or a Department representative may render a decision on the petition. Either may call upon staff of the Department to provide technical or legal advice as needed to make a determination.

005.03 Additional Information

If, upon review of the petition, additional information is determined by the Department to be needed to consider the petition, the Department shall notify the petitioner of the nature of the information to be submitted. The request may be made in writing or verbally, but if made verbally, must be reduced to writing and signed by the person making the request. The request shall be made within ten (10) days of the date of filing of the petition. The petitioner shall have five (5) days from the verbal request or date of mailing of the request, whichever applies, in which to submit the requested information. The information must be given in writing and be signed by the petitioner. The request and response will be made part of the official record of the proceeding.

005.04 Oral Presentation (Argument), When

Oral argument shall be had only on specific order of the Department. Request may be made in the petition. The Department may grant oral argument if it determines argument would be helpful to its consideration of the petition. If opportunity for oral argument is granted, argument shall be scheduled to be held not more than thirty (30) days after filing of the petition. Petitioner, or, when represented, petitioner's attorney, shall be served with a notice of the date, time and place for oral argument not less than five (5) days in advance of the scheduled date. Service shall be made by certified mail, return receipt requested.

005.05 Oral Presentation, Procedure

Oral presentation will be made before the representative of the Department authorized to render a decision or before a hearing officer designated by the Director.

005.05A The Department representative or hearing officer shall:

005.05A1 Identify the proceeding and introduce himself or herself;

005.05A2 Ask the petitioner or petitioner's representative to identify himself/herself for the record;

005.05A3 Hear the argument of the petitioner; and

005.05A4 Close the proceedings.

005.05B The Department representative or hearing officer conducting the proceeding may ask questions during or after petitioner's presentation.

005.05C Oral presentation shall not exceed forty-five (45) minutes in duration unless additional time is granted by the Department representative or hearing officer.

005.05D The petitioner may make oral presentation on his or her own behalf or be represented by an attorney.

005.05E A court reporter may be present to record the presentation.

005.06 Decision, When

The Department shall act on a petition within sixty (60) days.

005.07 Decision, Form

The decision will be made in the form of a pleading as set forth in 004.02.

005.08 Decision, Content

The decision may consist of a direction to nitiate rulemaking proceedings or a total or partial denial. The decision shall contain the reasons for the ruling.

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