Nebraska Administrative Code
Topic - REAL PROPERTY APPRAISER BOARD
Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD
Chapter 3
Section 297-3-002 - Definitions
Current through March 20, 2024
As used in this chapter:
002.01 Agency
Agency shall mean the Appraiser Board, and its employees, including the Director and staff.
002.02 Agency director
Agency director shall mean the person appointed as Director of the Real Estate Appraiser Board pursuant to § 76-2224, Revised Statutes of Nebraska 1991, as amended.
002.03 Argument
Argument shall mean the oral statement of the petitioner or any other party which explains his or her view of the facts and issue to be decided, the law applicable to the question presented, and the reasoning that connects the facts and law.
002.04 Board
Board shall mean the Real Estate Appraiser Board of Nebraska.
002.05 Contested case
Contested case shall mean a proceeding before the Board in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after hearing before the Board.
002.06 Declaratory order
proceeding shall mean a proceeding initiated by a petitioner seeking issuance of a binding order by the Board as to the applicability of specified circumstances to a statute, rule, regulation, or order within the primary jurisdiction of the Board.
002.07 Hearing officer
Hearing officer shall mean the person or persons conducting a declaratory order proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title.
002.08 Intervenor(s)
Intervenor(s) shall mean persons, political subdivisions, corporations, organizations, or other entities who have or claim to have any interest, legal right, duty, privilege, or immunity, which would be directly affected by the Board's issuance of a binding declaratory order.
002.09 Necessary Party
Necessary Party shall mean a person who or an entity which has a specific interest in the applicability of the statute, rule, regulation, or order, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved.
002.10 Parties
Parties shall mean persons, political subdivisions, corporations, organizations, or other entities subject to the jurisdiction of the Board who are involved in a declaratory order proceeding according to the procedures set forth in this chapter.
002.11 Petition
Petition shall mean the document filed in accordance with section 003 of this chapter to initiate a declaratory order proceeding.
002.12 Petitioner(s)
Petitioner(s) shall mean a party or parties who have filed a petition with the Board seeking issuance of a declaratory order.
002.13 Pleading
Pleading shall mean any written petition, answer, or motion used in any declaratory order proceeding before the Board as set forth in this chapter.
