General

001. General. 001.01. Application of Model Rules. Pursuant to Neb. Laws 1994, LB 446, the Attorney General shall promulgate model rules of procedure appropriate for use by as many agencies as possible. For rules of procedure adopted on or after August 1, 1994, each agency shall adopt as many of the model rules as is practicable under the circumstances. Agencies may adopt regulations which vary from the model rules; however, any agency adopting a rule of procedure that differs from the model rule shall include in the agency’s explanatory statement the reasons why the relevant portions of the Attorney General's model rules are impracticable under the circumstances. 001.02. Definitions. The following definitions shall apply as used throughout Chapter 4 of these rules and regulations. 001.02A. 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 55 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. 001.02B. 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. 001.02C. 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: 001.02C1. Communications which do not pertain to the merits of a contested case; 001.02C2. Communications required for the disposition of ex parte matters as authorized by law; 001.02C3. Communications in a ratemaking or rulemaking proceeding; and 001.02C4. Communications to which all parties have given consent. 001.02D. 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. 001.02E. Party means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case. 001.02F. Petition means the initial document filed by or with an agency that sets forth a claim and request for agency action.