Section 92-61-004 - Commencement of a contested case004.01 The contested case begins with the filing of a petition and request for hearing, if applicable, with the Board. The petition is the initial document filed with the Board that sets forth a claim and request for Board action. A sample petition is included in this chapter as Appendix A.004.02 A party to a contested case shall be the person by or against whom a contested case is brought or a person allowed to intervene in a contested case004.03 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 law004.04 The pleadings in a contested case may include a petition, answer, reply, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before the Board A sample Answer is included in this chapter as Appendix B Any pleading filed in a contested case shall meet the following requirements: 00404A The pleading shall contain a heading specifying the name of the Board and the title or nature of the pleading, shall state material factual allegations and state concisely the action the Board is being requested to take, shall contain the name and address of the petitioner, and shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that attorney
00404A1 Attorneys shall also include their address, telephone number and bar number
00404A2 The initial petition shall also contain the name and address of the respondent
00404B All pleadings shall be made on white, letter-sized (8_ x 11) paper and shall be legibly typewritten, photostatically reproduced, printed or handwritten If handwritten, a pleading must be written in ink
004.05 All pleadings shall be filed with the Board at its official office, at the State Office Building, 6th Floor, 301 Centennial Mall South, Lincoln, Nebraska, 68509, unless otherwise directed by the Board or its hearing officer Filing may be accomplished by personal delivery or mail and will be received during regular office hours of the Department, which are 8:00 am to 5:00 pm Central Time, Monday through Friday, except state holidays004.06 The Board shall serve a copy of the petition on each respondent listed in the petition personally or by first-class or certified mail Written proof of such service shall be filed with the Board Each respondent who chooses to file a responsive pleading must do so within 20 days from the date of personal service or the date of Board mailing of the petition004.07 All pleadings subsequent to the initial petition 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 Board004.08 Unless state law provides that a hearing is not required, a hearing date shall be set by the Board in accordance with statutory requirements A written notice of the time and place of hearing and the name of the hearing officer, if known, shall be served by the Board 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 Board004.09 In computing time prescribed or allowed by this chapter 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 day92 Neb. Admin. Code, ch. 61, § 004