Nebraska Administrative Code
Topic - PUBLIC ADVOCACY, COMMISSION ON
Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY
Chapter 16 - PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE COMMISSION
Section 70-16-001 - Definitions

Universal Citation: 70 NE Admin Rules and Regs ch 16 ยง 001

Current through November 25, 2023

The following definitions shall apply as used through Chapter 16 of these rules and regulations.

001.01 Agency

Agency shall mean each board, commission, department, officer, division, or other administrative office or unit of the state government authorized by law to make rules and regulations, except the Adjutant General's office as provided in chapter SS of the Nebraska Revised Statutes, the courts including the Nebraska Workers' Compensation Court, the Commission of Industrial Relations, the Legislature and the Secretary of State with respect to the duties imposed by the Administrative Procedure Act.

001.02 Contested Case

Contested case shall mean a proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.

001.03 Ex Parte Communication

Ex parte communication shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:

001.03A Communications which do not pertain to the merits of a contested case;

001.03B Communications required for the disposition of ex parte matters as authorized by law;

001.03C Communications in a rate making or rule making proceeding; and

001.03D Communications to which all parties have given consent.

001.04 Hearing Officer

Hearing officer shall mean the person or persons conducting a hearing, contested case, or other proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title designation.

001.05 Party

Party means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.

001.06 Petition

Petition means the initial document filed by or with an agency that sets forth a claim and request for agency action.

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