In any contested case all parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place, and issues involved, but if, by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable. Opportunity shall be afforded all parties to present evidence and argument with respect thereto. The agency shall prepare an official record, which shall include testimony and exhibits, in each contested case, but it shall not be necessary to transcribe shorthand notes unless requested for purpose of rehearing, in which event the transcript and record shall be furnished by the agency upon request and tender of the cost of preparation. Informal disposition may also be made of any contested case by stipulation, agreed settlement, consent order, or default. Each agency shall adopt appropriate rules and regulations for notice and hearing in contested cases.
Notes of Decisions
Marshall v. Wimes, 626 N.W.2d 229 (Neb. 2001).
· cites it 2× “See Neb. Rev. Stat. § 84-913 (Reissue 1999). To that end, the Legislature has provided that an administrative hearing officer may issue subpoenas and discovery orders.”
Sch. Dist. No. 8 of Sherman Cnty. v. STATE BD. OF ED., 127 N.W.2d 458 (Neb. 1964).
· cites it 8× “We are referred to section 84-913, R. S. Supp., 1961, which states in part: “In any contested case all parties shall be afforded an opportunity for hearing after reasonable notice.”
Lariat Club, Inc. v. Nebraska Liquor Control Comm'n, 673 N.W.2d 29 (Neb. 2004).
· cites it 4× “The notice shall state the time, place, and issues involved, but if, by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable.”
Dep't of Nat. Resources v. Bose, 674 N.W.2d 788 (Neb. 2004).
· cites it 2× “ASSIGNMENTS OF ERROR The Boses assign the following errors: (1) the Department’s notice of hearing did not state the issues involved, as provided by Neb. Rev. Stat. § 84-913 (Reissue 1999); (2) the Department’s notice of hearing did not contain “a department telephone number…”
Urwiller v. Neth, 640 N.W.2d 417 (Neb. 2002).
· cites it 2× “See Neb. Rev. Stat. § 84-913 (Reissue 1999). To this end, an administrative hearing officer has the authority to issue subpoenas and discovery orders.”
J K & J, Inc. v. Nebraska Liquor Control Comm'n, 231 N.W.2d 694 (Neb. 1975).
· cites it 6× “Section 84-913, R. R. S. 1943, provides, among other things, that not only must there be an opportunity for hearing, but the notice shall state the time, place, “and issues involved, but if, by reason of the nature of the proceeding, the issues cannot be fully stated in advance…”
Doyle v. Union Ins., 277 N.W.2d 36 (Neb. 1979).
· cites it 2× “1943, which provides that hearings in "contested cases" under Chapter 44 are governed by the provisions of sections 84-913 to 84-919, R.R.S.1943, which are part of the Administrative Procedures Act.”
Cnty. of Lancaster v. State Bd. of Equalization & Assessment, 143 N.W.2d 885 (Neb. 1966).
· cites it 4× “The county contends that failure of notification to taxpayers violated due process of law, although we read in appellant’s brief that there are 80,000 parcels of real estate in Lancaster County alone.”
Gausman v. Dep't of Motor Vehs., 522 N.W.2d 417 (Neb. 1994).
· cites it 2× “It contends that notice and opportunity to be heard were afforded Gausman pursuant to the procedures mandated by Neb. Rev. Stat. §§ 84-913 and 84-914 (Reissue 1987) of the Administrative Procedure Act and § 39-669.”
Se. Rural Volunteer Fire Dep't v. Nebraska Dep't of Revenue, 560 N.W.2d 436 (Neb. 1997).
“02 (Reissue 1991) of the Nebraska Pickle Card Lottery Act require the department to give notice of its intention to deny an application, and provide for proceedings which are to be considered contested cases pursuant to the Administrative Procedure Act, § 84-913, which provides,…”
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