Title 115 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY

Chapter 1 - DEFINITIONS OF TERMS

001 “Agency” shall mean the Nebraska Department of Environmental Quality.

002 “Agency Director” shall mean the director of the Nebraska Department of Environmental Quality.

003 “Argument” shall mean the oral statement of the petitioner or any other party which explains his or her view of the facts and issue to be decided, the law applicable to the question presented, and the reasoning that connects the facts and law.

004 “Complaint” shall mean the initial document issued by the agency director and served upon an alleged violator or violators that specifies the provision of law, rule or regulation, or order alleged to be violated, the facts alleged to constitute a violation, and prescribes any necessary corrective action to be taken.

005 “Contested case” shall mean a proceeding before the agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after hearing before the agency.

006 "Council" means the Nebraska Environmental Quality Council.

007 “Declaratory order proceeding” shall mean a proceeding initiated by a petitioner seeking issuance of a binding order by the agency as to the applicability of specified circumstances to a statute, rule, regulation, or order within the primary jurisdiction of the agency.

008 “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. Ex parte communication shall not include:
009 “Hearing officer” shall mean the person or persons conducting a hearing, contested case, or other proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title designation.

010 “Intervenor(s)” shall mean persons, political subdivisions, corporations, organizations, or other entities who have or claim to have any interest, legal right, duty, privilege, or immunity, which would be directly affected by the agency’s issuance of a binding declaratory order.

011 “Necessary party” shall mean a person who or an entity which has a specific interest in the applicability of the statute, rule, regulation, or order, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved.

012 “Party(ies)” shall mean persons, political subdivisions, corporations, organizations, or other entities subject to the jurisdiction of the agency who are involved in a contested case, declaratory order proceeding, or other proceeding pursuant to the Administrative Procedure Act.

013 “Petition” shall mean the initial document filed in accordance with this title to initiate a contested case or declaratory order proceeding that sets forth a claim and request for agency action.

014 "Petitioners" shall mean a party or parties who have filed a petition with the agency in a contested case or declaratory order proceeding.

015 “Pleading” shall mean any written petition, answer, or motion used in any contested case or declaratory order proceeding before the agency as set forth in this Title.

016 "Respondent" shall mean a party or parties in a contested case whose legal rights, duties, or privileges are subject to petitioner's demands. The agency director shall be the respondent in cases involving appeals of agency decisions or actions.

Enabling Legislation: Neb. Rev. Stat. §84-901 et seq.; §81-1504(1)(7)(9)(13); §81-1507.

Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186