305 Neb. Admin. Code, ch. 3, § 002

Current through September 17, 2024
Section 305-3-002 - Definitions

As used in this Chapter:

002.01 Agency

Agency shall mean the Commission and its employees, including the Director, any Deputy Directors and staff.

002.02 Argument

Argument shall mean the oral statement of the petitioner or any other party which explains his or her view of the facts and issue to be decided, the law applicable to the question presented, and the reasoning that connects the facts and law.

002.03 Commission

Commission shall mean the State Real Estate Commission of the State of Nebraska.

002.04 Contested case

Contested case shall mean a proceeding before the Commission in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after hearing before the Commission.

002.05 Declaratory order proceeding

Declaratory order proceeding shall mean a proceeding initiated by a petitioner seeking issuance of a binding order by the Commission as to the applicability of specified circumstances to a statute, rule, regulation, or order within the primary jurisdiction of the Commission.

002.06 Director

Director shall mean the person appointed as Director of the Commission pursuant to section 81-885.07(4), Revised Statutes of Nebraska 1943, as amended.

002.07 Hearing officer

Hearing officer shall mean the person or persons conducting a declaratory order proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title.

002.08 Intervenor(s)

Intervenor(s) shall mean persons, political subdivisions, corporations, organizations, or other entities who have or claim to have any interest, legal right, duty, privilege, or immunity, which would be directly affected by the Commission's issuance of a binding declaratory order.

002.09 Necessary party

Necessary party shall mean a person who or an entity which has a specific interest in the applicability of the statute, rule, regulation, or order, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved.

002.10 Parties

Parties shall mean persons, political subdivisions, corporations, organizations, or other entities subject to the jurisdiction of the Commission who are involved in a declaratory order proceeding according to the procedures set forth in this Chapter.

002.11 Petition

Petition shall mean the document filed in accordance with section 003 of this Chapter to initiate a declaratory order proceeding.

002.12 Petitioner(s)

Petitioner(s) shall mean a party or parties who have filed a petition with the Commission seeking issuance of a declaratory order.

002.13 Pleading

Pleading shall mean any written petition, answer, or motion used in any declaratory order proceeding before the Commission as set forth in this Chapter.

305 Neb. Admin. Code, ch. 3, § 002