92 Neb. Admin. Code, ch. 61, § 001

Current through September 17, 2024
Section 92-61-001 - General
001.01 Application of Rules

Pursuant to Neb. Rev. Stat. § 84-909.01, 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. This chapter is based upon the Attorney General's model rules.

001.02 Definitions

The following definitions shall apply as used throughout Chapter 61 of these rules and regulations

00102A Board shall mean the State Board of Education

00102B Commissioner shall mean the State Commissioner of Education

00102C 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 a Board hearing

00102D 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:

00102D1 Communications which do not pertain to the merits of a contested case;

00102D2 Communications required for the disposition of ex parte matters as authorized by law;

00102D3 Communications in a ratemaking or rulemaking proceeding; and

00102D4 Communications to which all parties have given consent

00102E 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

00102F Party means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case The Commissioner may be a party

00102G Petition means the initial document filed by or with the Board that sets forth a claim and request for Board action

92 Neb. Admin. Code, ch. 61, § 001