79 Neb. Admin. Code, ch. 9, § 014

Current through September 17, 2024

Section 79-9-014 - Miscellaneous Provisions

All terms used herein shall have their statutory definitions applied, if such definitions exist, except as follows:

014.01 Informal Complainant

Informal Complainant: shall mean any individual(s) or organization(s) or department(s) or agency or agencies filing a report, complaint, or other information with the Commission alleging that a law enforcement officer comes within the purview of Neb.Rev.Stat. § 81-1403(6)

014.02 Respondent

Respondent: shall mean any individual law enforcement officer who shall be alleged to be within the purview of Neb.Rev.Stat. § 81-1403(6)

014.03 Petitioner

Petitioner: shall mean a party to the formal revocation proceeding representing the State of Nebraska in filing the formal complaint and in presenting the evidence against the respondent.

014.04 Formal Complaint

Formal Complaint: shall mean the written allegation(s) and charge(s) against the respondent alleging that the respondent comes within the purview of Neb.Rev.Stat. § 81-1403(6).

014.05 Formal Hearing

Formal Hearing refers to the proceedings before the Council.

014.06 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.

014.07 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.

014.08 Formal Hearing

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.

014.09 Formal Hearing

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: communications which do not pertain to the merits of a contested case; communications required for the disposition of ex parte matters as authorized by law; communications in a ratemaking or rulemaking proceeding; and communications to which all parties have given consent.

79 Neb. Admin. Code, ch. 9, § 014