Nebraska § 71-5865 Certificate of need; appeal; burden of proof

Nebraska Statutes

§ 71-5865 — Certificate of need; appeal; burden of proof

Nebraska § 71-5865

Ch. 71Public Health and Welfare

This text of Nebraska § 71-5865 (Certificate of need; appeal; burden of proof) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 71-5865 (2026).

Text

In an appeal of a decision to deny a certificate of need, the person requesting the appeal shall bear the burden of proving that the project meets the applicable criteria established in sections  71-5829.03  to  71-5829.06 .

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Legislative History

Source: Laws 1979, LB 172, § 65; Laws 1982, LB 378, § 51; Laws 1989, LB 429, § 36; Laws 1997, LB 798, § 33; Laws 2009, LB195, § 87. Annotations: In an appeal from a decision granting a certificate of need, the party appealing bears the burden of proof that the application does not meet the applicable criteria. Department of Health v. Lutheran Hosp. & Homes Inc., 227 Neb. 116, 416 N.W.2d 222 (1987). In an appeal of a decision to grant a certificate of need, the party appealing that decision shall bear the burden of proof that the application does not meet the applicable criteria. Department of Health v. Grand Island Health Care, 223 Neb. 587, 391 N.W.2d 582 (1986).