454 Neb. Admin. Code, ch. 7, § 016

Current through September 17, 2024
Section 454-7-016 - DECISION AND ORDER IN A CONTESTED CASE
016.01.DISPOSITION. Unless otherwise precluded by law, disposition of a contested case may be made by stipulation, agreed settlement, consent order, or default. The Director shall make a determination whether the stipulation, agreed settlement, or consent order constitute sufficient cause to dismiss the case or whether the default of a party should cause dismissal of the action.
016.02. Every decision or order adverse to a party to the proceeding, rendered by the Department in a contested case, shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.
016.03. The decision and order should include:
016.03(A). The name of the Department and caption of the proceeding;
016.03(B). The date, time, and place of the hearing;
016.03(C). The names of all parties or their attorneys or other authorized representation who entered an appearance at the hearing;
016.03(D). The findings of fact consisting of a concise statement of the conclusions upon each contested issue of fact;
016.03(E). The conclusions of law consisting of the controlling law to the facts found and the legal results arising therefrom; and
016.03(F). The order consisting of the action taken by the Department as a result of the facts found and the legal conclusions arising therefrom.
016.04. Parties to the proceeding shall be notified of the decision and order. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed to each party or his or her attorney or other authorized representative of record.

454 Neb. Admin. Code, ch. 7, § 016

Amended effective 8/19/2023