Nebraska Administrative Code
Topic - REVENUE, DEPARTMENT OF
Title 370 - Nebraska Lottery Regulations
Chapter 200 - Practice and Procedure
Section 370-200-203 - COMMENCEMENT OF PROCEEDINGS

Universal Citation: 370 NE Admin Rules and Regs ch 200 ยง 203

Current through September 17, 2024

203.01 These rules shall be followed by any person filing a petition under the State Lottery Act with the State Tax Commissioner. A petition may be filed to request a declaratory ruling or the promulgation, amendment, or repeal of any regulation, ruling, or form published by the Division. A petition may also be filed on procurement actions, such as to request a modification of a Request of Proposal or Invitation to Bid, or to seek a review of a rejection of a bid or proposal or review of a contract award.

203.02 Petition content

The following information shall be supplied by the petitioner when filing a request with the State Tax Commissioner. The petition shall:

203.02A Identify the petitioner;

203.02B Set forth sufficient facts so as to identify the item under consideration;

203.02C Set forth sufficient reason for believing the item under consideration should be promulgated, reviewed, amended, or repealed so as to acquaint the State Tax Commissioner with the exact basis thereof;

203.02D Demand the relief the petitioner is seeking. If filed for the promulgation or amendment of a published item, a copy of the petitioner's proposed language must be included;

203.02E Be in writing; and

203.02F Be signed by the petitioner or a person authorized by the petitioner.

203.03 Request for oral hearing

All petitions filed, except petitions regarding procurement actions, shall be presumed to be a request for an oral hearing.

203.03A A petition regarding a procurement action shall not be presumed to be a request for an oral hearing. The State Tax Commissioner shall grant a petitioner, or his or her authorized representative, an opportunity for an oral hearing if the petitioner so requests in the written petition.

203.03B If the petitioner for a petition regarding a procurement action wants the District Court Rules of Evidence to be used in a hearing, the petitioner shall include the request in the written petition.

203.04 Amendment of petition

A petitioner may, at any time before or during the hearing, amend the petition. The request to prepare or the receipt of an amended petition shall be considered good cause for a continuance and the hearing officer, on his or her own motion or on the motion of any of the parties, may continue the hearing.

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