For purposes of the Administrative Procedure Act:
(1) Agency shall mean each board, commission, department, officer, division, or other administrative office or unit of the state government authorized by law to make rules and regulations, except the Adjutant General's office as provided in Chapter 55, the courts including the Nebraska Workers' Compensation Court, the Commission of Industrial Relations, the Legislature, and the Secretary of State with respect to the duties imposed by the act;
(2) Rule or regulation shall mean any standard of general application adopted by an agency in accordance with the authority conferred by statute and includes, but is not limited to, the amendment or repeal of a rule or regulation. Rule or regulation shall not include (a) internal procedural documents which provide guidance to staff on agency organization and operations, lacking the force of law, and not relied upon to bind the public, (b) guidance documents as issued by an agency in accordance with section 84-901.03, and (c) forms and instructions developed by an agency. For purposes of the act, every standard which prescribes a penalty shall be presumed to have general applicability and any standard affecting private rights, private interests, or procedures available to the public is presumed to be relied upon to bind the public. Nothing in this section shall be interpreted to require an agency to adopt and promulgate rules and regulations when statute authorizes but does not require it;
(3) Contested case shall mean a proceeding before an agency 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;
(4) Ex parte communication shall mean 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. Filing and notice of filing provided under subdivision (6)(d) of section 84-914 shall not be considered on the record and reasonable notice for purposes of this subdivision. Ex parte communication shall not include:
(a) Communications which do not pertain to the merits of a contested case;
(b) Communications required for the disposition of ex parte matters as authorized by law;
(c) Communications in a ratemaking or rulemaking proceeding; and
(d) Communications to which all parties have given consent;
(5) Guidance document shall mean any statement developed by an agency which lacks the force of law but provides information or direction of general application to the public to interpret or implement statutes or such agency’s rules or regulations. A guidance document is binding on an agency until amended by the agency. A guidance document shall not give rise to any legal right or duty or be treated as authority for any standard, requirement, or policy. Internal procedural documents which provide guidance to staff on agency organization and operations shall not be considered guidance documents; and
(6) Hearing officer shall mean the person or persons conducting a hearing, contested case, or other proceeding pursuant to the act, whether designated as the presiding officer, administrative law judge, or some other title designation.
Notes of Decisions
Lingenfelter v. Lower Elkhorn NRD, 294 Neb. 46 (Neb. 2016).
· cites it 6× “A natural resource district is not an agency within the meaning of the Administrative Procedure Act, Neb. Rev. Stat. § 84-901 et seq. (Reissue 2014).”
Wasikowski v. Nebraska Quality Jobs Bd., 648 N.W.2d 756 (Neb. 2002).
· cites it 6× “The first cause of action, brought pursuant to the Administrative Procedure Act (APA), Neb. Rev. Stat. §§ 84-901 to 84-920 (Reissue 1994 & Cum.”
Webb v. Nebraska Dept. of Health & Human Servs., 301 Neb. 810 (Neb. 2018).
· cites it 2× “We conclude that the APA does not limit the district court's original jurisdiction and that the district court does not lack the subject matter jurisdiction to consider an APA claim and a § 1983 claim in the same lawsuit.”
Tran v. State, 303 Neb. 1 (Neb. 2019).
· cites it 2× “Tran timely filed a petition for review in district court pursuant to the Administrative Procedure Act (APA), Neb. Rev. Stat. §§ 84-901 to 84-920 (Reissue 2014 & Cum.”
Ditter v. Nebraska Bd. of Parole, 655 N.W.2d 43 (Neb. Ct. App. 2002).
· cites it 5× “The Board argued that the Administrative Procedure Act (APA), found at Neb. Rev. Stat. § 84-901 et seq. (Reissue 1999), was Ditter’s exclusive method to appeal the Board’s decision, specifically relying on §§ 84-919 and 84-917(7).”
In Re Application of Gcc License Corp., 647 N.W.2d 45 (Neb. 2002).
· cites it 5× “The appellants argue, however, that the definition of a “rule” in Neb. Rev. Stat. § 84-901 (Reissue 1999) requires the PSC to engage in rulemaking.”
Glass v. Neb. Dept. of Motor Vehs., 536 N.W.2d 344 (Neb. 1995).
· cites it 6× “" The Administrative Procedure Act, Neb.Rev.Stat. §§ 84-901 through 84-920 (Reissue 1994), grants persons aggrieved by certain nonjudicial determinations the right to obtain judicial review of those decisions.”
Yellow Cab Co. v. Nebraska State Ry. Comm'n, 120 N.W.2d 922 (Neb. 1963).
· cites it 14× “, 1961, when read in pari materia with section 84-901, R. S. Supp., 1961, does not include or apply to permits, certificates of public convenience and necessity, franchises, rate orders, and tariffs, or any rules of interpretation thereof.”
Hoiengs v. Cnty. of Adams, 516 N.W.2d 223 (Neb. 1994).
· cites it 3× “2d 880 (1966); Neb. Rev. Stat. §§ 84-901 (Reissue 1987) and 84-917 (Cum.”
— Neb. Rev. Stat. § 84-901(1) — 6 cases
Wasikowski v. Nebraska Quality Jobs Bd., 648 N.W.2d 756 (Neb. 2002).
“The first cause of action, brought pursuant to the Administrative Procedure Act (APA), Neb. Rev. Stat. §§ 84-901 to 84-920 (Reissue 1994 & Cum.”
Lingenfelter v. Lower Elkhorn NRD, 294 Neb. 46 (Neb. 2016).
“A natural resource district is not an agency within the meaning of the Administrative Procedure Act, Neb. Rev. Stat. § 84-901 et seq. (Reissue 2014).”
Ditter v. Nebraska Bd. of Parole, 655 N.W.2d 43 (Neb. Ct. App. 2002).
“The Board argued that the Administrative Procedure Act (APA), found at Neb. Rev. Stat. § 84-901 et seq. (Reissue 1999), was Ditter’s exclusive method to appeal the Board’s decision, specifically relying on §§ 84-919 and 84-917(7).”
— Neb. Rev. Stat. § 84-901(2) — 12 cases
Lingenfelter v. Lower Elkhorn NRD, 294 Neb. 46 (Neb. 2016).
“A natural resource district is not an agency within the meaning of the Administrative Procedure Act, Neb. Rev. Stat. § 84-901 et seq. (Reissue 2014).”
— Neb. Rev. Stat. § 84-901(2)(a) — 2 cases
— Neb. Rev. Stat. § 84-901(3) — 19 cases
Wasikowski v. Nebraska Quality Jobs Bd., 648 N.W.2d 756 (Neb. 2002).
“The first cause of action, brought pursuant to the Administrative Procedure Act (APA), Neb. Rev. Stat. §§ 84-901 to 84-920 (Reissue 1994 & Cum.”
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