Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 465 - INTRODUCTION TO THE PROGRAM MANUAL
Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT
Section 465-6-008 - Decision and Order in a Contested Case

Universal Citation: 465 NE Admin Rules and Regs ch 6 ยง 008

Current through March 20, 2024

008.01 Summary Disposition:

The Department may on its own motion summarily dismiss any appeal for the following reasons:

1. The appeal is not timely filed as shown by Department records; and/or

2. The appeal raises no appealable issue as provided by law.

Any Department records relied upon for a summary dismissal shall be attached to the Order of Dismissal and shall become part of the record of the proceedings.

008.02 Time Frames:

The Director shall make the decision on the hearing as soon as possible and, in the absence of special or unusual circumstances, shall make the decision within 60 days from the date that the petitioner requests a hearing. Emergency assistance decisions must be made within seven days of the hearing.

If applicable, a decision in favor of the petitioner applies retroactively to the date of the inaction or incorrect action.

008.03 Adverse Decision:

Every decision and order adverse to a party to the proceeding, rendered by the Department in a contested case, shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.

008.04 Contents of Decision and Order:

The decision and order should include -

1. The Nebraska Department of Social Services and name of the proceeding;

2. The date and place of the hearing;

3. The names of all parties or their attorneys who entered an appearance at the hearing;

4. The findings of fact consisting of a concise statement of the conclusions upon each contested issue of fact;

5. The conclusions of law consisting of the applications of the controlling law to the facts found and the legal results arising therefrom; and

6. The order consisting of the action taken by the Department as a result of the facts found and the legal conclusions arising therefrom.

008.05 Notification of Decision:

Parties to the proceeding shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his or her attorney of record.

008.06 Mandatory Effect:

Unless appealed to the District Court, the decision of the Director is final. The Division, District, or Local Office Administrator (as appropriate) shall take immediate steps to enforce the Director's decision in the office to which the finding and order applies.

008.07 Administrative Finality (Res Judicata):

When a final decision is entered by the Director, the issues may not be reappealed to the Department unless there has been a change in circumstances and additional action by Department staff. Any appeals which are found to be based wholly or partially upon issues decided in a previous appeal, must be wholly or partially dismissed, as appropriate.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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