303 Neb. Admin. Code, ch. 12, § 002

Current through September 17, 2024

Section 303-12-002 - Definitions

For purposes of this rule, the following definitions apply.

002.01 Agency

Agency: means the Nebraska Public Employees Retirement Systems Agency.

002.02 Contested case

Contested case: means the proceeding 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.

002.03 Board

Board: means the Public Employees Retirement Board.

002.04 Director

Director: means the Director of the Nebraska Public Employees Retirement Systems Agency.

002.05 Ex Parte Communications

Ex Parte Communications: means 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 communications shall not include:

002.05(a) . Communications which do not pertain to the merits of a contested case;

002.05(b) . Communications required for the disposition of ex parte matters as authorized by law;

002.05(c) . Communications in a ratemaking or rulemaking proceeding; and

002.05(d) . Communications to which all parties have given consent.

002.06 Hearing Officer

Hearing Officer: means the person or persons conducting a contested case or contested case as designated by the Director, or a member of the Board, if the Board is present at a hearing.

002.07 Party

Party: means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.

002.08 Formal Hearing

Formal Hearing means a hearing in which the agency is bound by the rules of evidence applicable in district court.

303 Neb. Admin. Code, ch. 12, § 002