(1) The validity of any rule or regulation may be determined upon a petition for a declaratory judgment if it appears that the rule or regulation or its threatened application interferes with or impairs or threatens to interfere with or impair the legal rights or privileges of the petitioner. The petition shall be filed in the district court for any county in which venue is proper under subsection (3) of this section. The agency shall be made a party to the proceeding. The declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule or regulation in question.
(2)(a) The court shall declare the rule or regulation invalid if it finds that it violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with the statutory procedures.
(b) For purposes of this subsection, statutory procedures shall not include procedures provided under the Negotiated Rulemaking Act.
(3) Venue for filing a petition under this section shall be proper in any of the following counties in Nebraska:
(a) The county where the petitioner resides;
(b) The county where the petitioner's principal place of business is located;
(c) Lancaster County; or
(d) The county in which the agency has its headquarters.
(4) An agency shall not take any action to restrict venue in contravention of this section.
Notes of Decisions
Williams v. Frakes (2023)
neb · cites it 23×
“Neb. Rev. Stat. § 84-911 (2014) provides a limited statutory waiver of sovereign immunity and confers subject matter jurisdiction for a declaratory judgment concerning the validity of a state agency’s rule or regulation.”
Schaeffer v. Frakes (2023)
neb · cites it 17×
“Neb. Rev. Stat. § 84-911 (Reissue 2014) of the Administrative Procedure Act provides a limited statutory waiver of sovereign immunity and confers subject matter jurisdiction for a declar- atory judgment concerning the validity of a state agency’s rule or regulation.”
Griffith v. Nebraska Dept. of Corr. Servs. (2019)
neb · cites it 46×
“The plaintiffs, proceeding under Neb. Rev. Stat. § 84-911 (Reissue 2014), asked that the Execution Protocol be declared void and that DCS and other defendants be enjoined from carrying out executions under the Execution Protocol.”
Riley v. State (1993)
neb · cites it 13×
“Neither Riley nor the State has sought an answer to the jurisdictional issue in light of § 84-911 of the Administrative Procedure Act, which states: (1) The validity of any rule or regulation may be determined upon a petition for a declaratory judgment thereon addressed to the…”
Logan v. Department of Correctional Services (1998)
neb · cites it 8×
“Logan asserts that his action for declaratory judgment is permitted by Neb. Rev. Stat. § 84-911 (Reissue 1994). The express language of § 84-911 demonstrates the Legislature’s intent to waive the state’s sovereign immunity regarding questions construing the validity of…”
Lingenfelter v. Lower Elkhorn NRD (2016)
neb · cites it 2×
“, ‘departments, agencies, 56 § 84-911. 57 Neb. Rev. Stat. §§ 25-21 ,149 to 25-21,164 (Reissue 2008 & Cum.”
Heist v. Nebraska Dept. of Corr. Servs. (2022)
neb · cites it 3×
“[9-11] This court has repeatedly recognized that under Neb. Rev. Stat. § 84-911 (Reissue 2014), the APA provides a limited statutory waiver of the State’s sovereign immunity and confers subject matter jurisdiction for a declaratory judgment action seeking a determination…”
Gillpatrick v. Sabatka-Rine (2017)
neb · cites it 4×
“They asserted sepa- rate claims against each official and alleged claims under § 1983, Neb. Rev. Stat. § 84-911 (Reissue 2014) of the Administrative Procedure Act (APA), the federal Due Process Clause, and the Nebraska Constitution.”
Baker's Supermarkets, Inc. v. State (1995)
neb · cites it 4×
“The district court held that it had jurisdiction pursuant to § 84-911. On January 5, 1994, the district court denied Baker’s petition for declaratory relief and other relief after finding that the Department’s interpretation of § 1.”
Beatrice Manor, Inc. v. Department of Health (1985)
neb · cites it 2×
“This section provides in part: (1) The validity of any rule may be determined upon a petition for a declaratory judgment thereon addressed to the district court of Lancaster County if it appears that the rule or its threatened application interferes with or impairs or threatens…”
— Neb. Rev. Stat. § 84-911(1) — 7 cases
Griffith v. Nebraska Dept. of Corr. Servs. (2019)
neb
“The plaintiffs, proceeding under Neb. Rev. Stat. § 84-911 (Reissue 2014), asked that the Execution Protocol be declared void and that DCS and other defendants be enjoined from carrying out executions under the Execution Protocol.”
Williams v. Frakes (2023)
neb
“Neb. Rev. Stat. § 84-911 (2014) provides a limited statutory waiver of sovereign immunity and confers subject matter jurisdiction for a declaratory judgment concerning the validity of a state agency’s rule or regulation.”
— Neb. Rev. Stat. § 84-911(2) — 2 cases
Griffith v. Nebraska Dept. of Corr. Servs. (2019)
neb
“The plaintiffs, proceeding under Neb. Rev. Stat. § 84-911 (Reissue 2014), asked that the Execution Protocol be declared void and that DCS and other defendants be enjoined from carrying out executions under the Execution Protocol.”
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