Neb. Rev. Stat. » Chapter 48
Nebraska Revised Statutes

Neb. Rev. Stat. § 48-634 (2026)

Administrative appeal; notice; time allowed; hearing; parties

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) The claimant or any other party entitled to notice of a determination as provided in section 48-632 may file an appeal from such determination with the department.

(2) An appeal must be in writing or in accordance with rules and regulations adopted and promulgated by the commissioner and must be delivered and received within twenty days after the date of mailing of the notice of determination to the parties' last-known address or, if such notice is not mailed, after the date of delivery of such notice of determination, except that for good cause shown an appeal filed outside the prescribed time period may be heard.

(3) In accordance with section 303 of the federal Social Security Act, 42 U.S.C. 503, the commissioner shall provide the opportunity for a fair hearing before an impartial hearing officer on each appeal.

(4) Unless the appeal is withdrawn, a hearing officer, after affording the parties reasonable opportunities for a fair hearing, shall make findings and conclusions and on the basis thereof affirm, modify, or reverse such determination.

(5) If an appeal involves a question as to whether services were performed by the claimant in employment or for an employer, a hearing officer shall give special notice of such issue and of the pendency of the appeal to the employer and to the commissioner, both of whom shall be parties to the proceeding and be afforded a reasonable opportunity to adduce evidence bearing on such question.

(6) The parties shall be promptly notified of a hearing officer's decision and shall be furnished with a copy of the decision and the findings and conclusions in support of the decision.

(7) The commissioner shall be a party entitled to notice in any proceeding involving a claim for benefits before a hearing officer.

Notes of Decisions
Cited in 6 cases, 1949–2000 · leading case: Parson v. Chizek, 272 N.W.2d 48 (Neb. 1978).
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Parson v. Chizek, 272 N.W.2d 48 (Neb. 1978). · cites it 8× “Section 48-634, R. R: S. 1943, provides the statutory authority for appeal from determinations of the deputy.”
A. Borchman Sons v. Carpenter, 89 N.W.2d 123 (Neb. 1958). · cites it 2× “Appeals were taken in each instance to the appeal tribunal as provided in section 48-634, R. R. S. 1943. The tribunal found all claimants entitled to benefits.”
Nicholson v. City of Bellevue, 339 N.W.2d 758 (Neb. 1983). · cites it 7× “On the basis of that record the District Court entered an order finding that the evidence offered before it was not considered by the chief administrative law judge; that such evidence constituted “good cause for jurisdiction by the Tribunal over this appeal, per Neb. Rev. Stat.…”
Beecham v. Falstaff Brewing Corp., 36 N.W.2d 233 (Neb. 1949). “§§ 48-634, 48-635, 48-636, and 48-637, R.”
Creighton St. Joseph Reg'l Hosp. v. Nebraska Tax Equalization & Review Comm'n, 620 N.W.2d 90 (Neb. 2000). · cites it 2× “” Neb. Rev. Stat. § 48-634 (Reissue 1998). The DOL properly has discretion to allow appeals filed outside the appeal period because the Legislature specifically provided as much in the DOL’s enabling legislation.”
Fauss v. Messerly, 263 N.W.2d 668 (Neb. 1978). · cites it 3× “” § 48-634, R. R. S. 1943. *332 The Commissioner points out that section 48-634, R.”
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