§ 85-2417 — Commission decision; aggrieved party; right to hearing and review; procedure; notice; judicial review

Nebraska § 85-2417

• Jurisdiction: Nebraska
• Ch. 85: State University, State Colleges, and Postsecondary Education

Text

(1) Any institution denied a recurrent authorization
to operate, a renewal of a recurrent authorization
to operate, or an authorization to operate on a continuing basis by the commission
shall have the right to a hearing and a review of such decision by the commission.
If upon written notification of a denial the aggrieved party desires a hearing
and review, such party shall notify the commission in writing within ten business
days after receipt of notice by the commission. If the aggrieved party does
not notify the commission pursuant to this section, the action shall be deemed
final. Upon receipt of such notice from the aggrieved party, the commission
shall fix the time and place for a hearing and shall notify the aggrieved
party of such by certified mail. The hearing shall be conducted according
to the Administrative Procedure Act.
(2) A decision of the commission following such hearing shall be deemed
final subject to the right of judicial review provided in the Administrative
Procedure Act. All matters presented at any such hearing shall be acted upon
promptly by the commission, and the commission shall notify all parties in
writing of its decision, which shall include a statement of findings and conclusions
upon all material issues of fact, law, or discretion presented at the hearing
and the appropriate rule, regulation, order, sanction, relief, or denial thereof.

Legislative History

Source: Laws 2011, LB637, § 17; Laws 2012, LB1104, § 23. Cross References: Administrative Procedure Act, see section 84-920.