Nebraska Administrative Code
Topic - REAL ESTATE COMMISSION
Title 305 - NEBRASKA REAL ESTATE COMMISSION
Chapter 4 - Rules of Practice and Procedure for Contested Cases
Section 305-4-004 - Form of Pleadings, Filing, Service, and Proof of Service

Universal Citation: 305 NE Admin Rules and Regs ch 4 ยง 004

Current through March 20, 2024

004.01 A contested case may take the form of a complaint proceeding against a licensee or a petition for review of a decision of the Director. The procedures applicable only to a complaint proceeding are found at section 008. The procedures applicable only to a petition for review are found at section 009.

004.02 A party may appear on his or her own behalf in a contested case proceeding or may be represented by an attorney or other representative as permitted by law.

004.03 Any pleading filed in a contested case shall meet the following requirements:

004.03A The pleading shall contain a heading specifying the name of the Commission and the title or nature of the pleading, shall state material factual allegations and state concisely the action the Commission is being requested to take. The pleading shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney. When required by law, the pleading shall also be sworn to by the person filing the pleading.
004.03A1 Attorneys shall also include their address, telephone number and bar number.

004.03A2 An initial pleading shall also contain the name and address of the respondent.

004.03B All pleadings shall be made on white, letter-sized (8 ½ x 11) paper and shall be legibly typewritten, photostatically reproduced, printed or handwritten. If handwritten, a pleading must be written in ink.

004.04 All pleadings shall be filed with the Agency at its official office. Filing may be accomplished by personal delivery or mail and will be received during regular office hours of the Agency.

004.05 The provision for serving a Complaint on the Respondent is found at 008.03. The provisions for serving a Petition for Review are found at 009.03A 2 and 009.03B3. The provision for serving a Petition for Imtervention is found at 003.01A.

004.06 All pleadings subsequent to the initial pleading shall be served by the party filing such pleading upon all attorneys of record or other representatives of record and upon all unrepresented parties. Service shall be made personally or by first-class or certified mail. Written proof of such service shall be filed with the Agency.

004.07 Unless state law provides that a hearing is not required, a hearing date shall be set by the Agency in accordance with statutory requirements. A written notice of the time and place of hearing shall be served by the Agency upon all attorneys of record or other representatives of record and upon all unrepresented parties. The notice must include a proof of such service and will be filed with the Agency.

004.08 In computing time prescribed or allowed by Chapter 4 of these rules and regulations or by any applicable statute in which the method of computing time is not specifically provided, days will be computed by excluding the day of the act or event and including the last day of the period. If the last day of the period falls on a Saturday, Sunday, or state holiday, the period shall include the next working day.

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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