§ 68-142 — Judicial review; procedure

Nebraska § 68-142

• Jurisdiction: Nebraska
• Ch. 68: Public Assistance

Text

(1) Any person aggrieved by a decision rendered pursuant to sections 68-139 to 68-141 may obtain a review of such decision in the district court of the county.
(2) Proceedings for review shall be instituted by filing a petition in the district court of the county where the decision was rendered within thirty days after service of the decision on the claimant. The county shall be made a party to the proceedings for review and summons shall be served as in other actions against a county. The court may permit other interested parties to intervene.
(3) Within fifteen days after service of summons upon the county or within such further time as the court for good cause shown may allow, the county shall prepare and transmit to the court a certified transcript of the proceedings had before it, which transcript shall include the county's standards and all amendments regarding eligibility and assistance for general assistance, the transcribed hearing record, all exhibits offered at the hearing, and the final decision sought to be reversed, vacated, or modified.
(4) The review shall be conducted by the court without a jury on the record of the county.
(5) The court may affirm the decision, remand the case for further proceedings, or reverse or modify the decision if any substantial rights of the petitioner may have been prejudiced because the decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the county;
(c) Made upon unlawful procedure;
(d) Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or
(e) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.

Legislative History

Source: Laws 1983, LB 604, § 12.