(1) Any party to the proceedings before a hearing officer may appeal the hearing officer's decision by filing a petition (a) in the district court of the county in which the individual claiming benefits claims to have been last employed or in which such claimant resides, (b) in any district court of this state upon which the parties may agree, or (c) if neither subdivision (1)(a) or (b) of this section applies, then in the district court of Lancaster County.
(2) If the commissioner is not the petitioning party, he or she shall be a party defendant in every appeal. Such appeal shall otherwise be governed by the Administrative Procedure Act.
(3) An appeal may be taken from the decision of the district court to the Court of Appeals in accordance with the Administrative Procedure Act.
(4) No bond shall be required as a condition of initiating a proceeding for judicial review or entering an appeal from the decision of the court upon such review. Costs which would be otherwise taxed to a claimant shall be taxed in such courts to the commissioner regardless of the result of the action unless justice and equity otherwise require. Notwithstanding any general statute to the contrary, no filing fee shall be charged by a hearing officer or by the clerk of any court for any service required by sections 48-634 to 48-638.
(5) In any proceeding for judicial review pursuant to this section, the commissioner may be represented by any qualified attorney employed and designated by the commissioner for that purpose or, at the commissioner's request, by the Attorney General.
Notes of Decisions
Cited in
25
cases (
4 in the last 5 years), 1949–2023 · leading case:
State v. Blake, 969 N.W.2d 399 (Neb. 2022).
State v. Blake, 969 N.W.2d 399 (Neb. 2022).
· cites it 4× “Further, § 29-2306 states that “[i]f an application to proceed in forma pauperis is filed and granted, the Court of Appeals or Supreme Court shall acquire jurisdiction of the case when the notice of appeal is filed with the clerk of the district court.” No payment will be…”
In re Est. of Lakin, 965 N.W.2d 365 (Neb. 2021).
· cites it 2× “Note The central dispute in this matter involves the 1984 agreement between Lakin and Pribil styled as a promissory note.”
Heimsoth v. Kellwood Co., 318 N.W.2d 1 (Neb. 1982).
· cites it 6× “2d 123 (1958), we held that appeals under the provisions of the Employment Security Law, see Neb.Rev. Stat. §§ 48-638 and 48-639 (Reissue 1978), must be heard by the District Court de novo on the record, although either party may offer additional evidence after proper notice,…”
Dolan v. Svitak, 527 N.W.2d 621 (Neb. 1995).
· cites it 2× “Neb. Rev. Stat. §§ 48-638 (Reissue 1993) and 84-917 and 84-918 (Reissue 1994).”
Gibson v. Kurt Mfg., 583 N.W.2d 767 (Neb. 1998).
· cites it 2× “The commencement of a proceeding for judicial review pursuant to section 48-638 shall not operate as a supersedeas or stay.”
Pinnacle Bancorp v. Moritz, 987 N.W.2d 277 (Neb. 2023).
· cites it 3× “2d 5, 8 (1986). 13 See § 48-638 (Reissue 1988). 14 See § 48-640 (Reissue 1988).”
Am. Employers Grp., Inc. v. Dep't of Labor, 617 N.W.2d 808 (Neb. 2000).
· cites it 2× “The Department claims that the district court erred (1) in concluding that AEG was an “employee leasing company” within the meaning of §§ 48-602(11) and 48-648(3) and was, therefore, Tucker’s employer and (2) in determining that Tucker was discharged from employment with AEG for…”
Transcon Lines, Inc. v. O'NEAL, 429 N.W.2d 718 (Neb. 1988).
· cites it 5× “may obtain judicial review thereof by filing .... With his answer or petition, the commissioner shall certify and file with the court a certified copy of the records of the case, including .”
Dillard Dep't Stores, Inc. v. Polinsky, 530 N.W.2d 637 (Neb. 1995).
“STANDARD OF REVIEW In an appeal from the Nebraska Appeal Tribunal to the district court regarding unemployment benefits, the district court conducts the review de novo on the record, but on review by the Court of Appeals or the Supreme Court, the judgment of the district court…”
A. Borchman Sons v. Carpenter, 89 N.W.2d 123 (Neb. 1958).
· cites it 2× “Pursuant to section 48-638, R. R. S. 1943, appeals were taken to the district court where the court entered a decree in each case holding that the claimant was eligible to receive the benefits of the act.”
IBP, Inc. v. Aanenson, 452 N.W.2d 59 (Neb. 1990).
· cites it 2× “The Commissioner of Labor is a party pursuant to Neb. Rev. Stat. § 48-638 (Cum. Supp. 1986).”
Neb. Rev. Stat. § 48-638(2): 1 case
Pinnacle Bancorp v. Moritz, 987 N.W.2d 277 (Neb. 2023).
“2d 5, 8 (1986). 13 See § 48-638 (Reissue 1988). 14 See § 48-640 (Reissue 1988).”
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