Section 303-12-004 - INITIATION OF THE CONTESTED CASE004.01 Any initiation of a contested case shall not be perfected until a member or other aggrieved party has secured a written document signed by the Chairperson of the Board or the Director regarding the matter in question, which document shall constitute a decision or action of the Board from which a contested case appeal is allowed under statute004.01(a) . It shall be the duty of the Director or Chairperson of the Board to decide the matter and issue such documents for purposes of perfecting an appeal and contested case.004.01(b) . The document shall be personally served on the member or aggrieved party, or shall be sent by certified mail, return receipt requested, to the member or aggrieved party.004.02 Any person who disputes an action or a benefit or payment adjustment of the Board or deems himself or herself to have been aggrieved by an action or decision of the board may appeal the action or decision and request a hearing by filing a Petition with the Board not later than 30 days after such official action or decision has been taken by the Board. The 30 days shall commence on the date of service of the document.004.03 The Agency 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 agency.004.04 The petition shall include the following:004.04(a) A heading specifying the name of the agency, the nature of the pleading, the name and address of the petitioner and the petitioner's retirement number.004.04(b) A separate identification and quotation of each of the decisions or actions of the Board complained of, and the exceptions and contentions of the petitioner thereon. A copy of each document that constitutes a decision or action of the Board complained of shall be attached to the petition.004.04(c) A brief recitation of the facts out of which the petitioner's petition arises and any substantial conflict in the evidence as to any fact involved.004.04(d) A concise statement of the action the Board is being requested to take.004.04(e) A statement as to whether the aggrieved party requests a formal or an informal hearing on the matter.004.04(f) The petition shall be signed by the petitioner and the petitioner's attorney, if the petitioner is represented by counsel.004.05 Notwithstanding the procedures set forth in these regulations for contested cases, an evidentiary hearing is not required;004.05(a) If there are no issues of material fact;004.05(b) If an application for any form of benefit cannot be granted because it contains information showing on its face that the applicant does not meet statutory requirements for a benefit;004.05(c) If an application for benefits is denied, or an approval revoked solely for failure to submit a complete information or other submission that is required as a condition for approval or continuing approval of a benefit;004.05(d) If a petition for an appeal is received after the time for filing the appeal has expired so that a decision has become final.303 Neb. Admin. Code, ch. 12, § 004