§ 83-1224 — Judicial review; enforcement of final decision and order; procedures; appeal to Court of Appeals

Nebraska § 83-1224

• Jurisdiction: Nebraska
• Ch. 83: State Institutions

Text

(1) Any party aggrieved by the findings, conclusions, or
final decision and order of the director shall
be entitled to judicial review under this section. Any party of record also
may seek enforcement of the final decision and order of the director pursuant to this section.
(2) Proceedings for judicial review shall be instituted by
filing a petition in the district court of Lancaster County within thirty
days after service of the final decision and order on the party seeking such
review. All parties of record shall be made parties to the proceedings. The
court, in its discretion, may permit other interested parties to intervene.
(3) The filing of a petition for judicial review to such
district court shall operate to stay the enforcement of the final decision
and order of the director. While judicial proceedings
are pending in district court and unless the parties otherwise agree, the
person with developmental disabilities shall remain in his or her current
placement. If the health or safety of the person with developmental disabilities
or of other persons would be endangered by delaying a change in placement,
the service provider may make such change without prejudice to the rights
of any party.
(4) Within thirty days after receiving notification that
a petition for judicial review has been filed or, if good cause is shown,
within such further time as the court may allow, the department shall prepare
and transmit to the court a certified transcript of the proceedings before
the hearing officer.
(5) Judicial review shall be heard de novo on the record.
The court shall receive the records of the administrative proceedings, base
its decision on the preponderance of the evidence, and grant such relief as
the court determines is appropriate. The district court may affirm, reverse,
or modify the decision of the director, or
remand the case to the director for
further proceedings, including the receipt of additional evidence, for good
cause shown.
(6) An aggrieved party may secure a review of any final judgment
of the district court under this section by appeal to the Court of Appeals.
Such appeal shall be taken in the manner provided by law for appeals in civil
cases and shall be heard de novo on the record.
(7) When no petition for judicial review or other civil action
is filed within thirty days after service of the final decision and order
on all of the parties, the director's final
decision and order shall become effective. Proceedings for enforcement of the director's final decision
and order shall be instituted by filing a petition for appropriate relief
in the district court of Lancaster County within one year after the date of
the director's final decision
and order.

Legislative History

Source: Laws 1991, LB 830, § 24; Laws 1992, LB 360, § 39; Laws 2004, LB 297, § 6; Laws 2010, LB849, § 35.