45-114. Administrative proceedings; rehearing
or review; judicial review
A. Administrative proceedings under this title are subject to title 41, chapter 6,
article 10, except for administrative proceedings under section 45-476.01. If an
administrative hearing is held before the director's decision, the administrative
proceeding is a contested case under title 41, chapter 6, article 10. If an
administrative hearing is not held before the director's decision, the director's
decision is an appealable agency action under title 41, chapter 6, article 10. This
subsection does not apply to a public hearing conducted under this title or to a decision
of the director that is entered after a public hearing conducted under this title.
B. Except for a decision of the director under section 45-476.01, after service of
a final decision of the director under this title, a party may file a motion for
rehearing or review under section 41-1092.09 and may seek judicial review under title 12,
chapter 7, article 6, except as provided in section 41-1092.08, subsection H. This
subsection does not apply to a decision of the director that is entered after a public
hearing conducted under this title.
C. A decision of the director that is entered after a public hearing conducted
under this title is subject to rehearing or review and judicial review as provided in
this subsection. A party is not required to file a motion for rehearing or review in
order to exhaust administrative remedies and may seek judicial review of the director's
final decision under title 12, chapter 7, article 6 as follows:
1. If a party files a motion for rehearing or review, the director's decision is
not final for the purposes of judicial review until the director denies the motion or the
director issues a decision after rehearing or review. A party shall file a motion for
rehearing or review within thirty days after the publication or issuance of the
director's findings and order as provided in sections 45-404, 45-414, 45-436, 45-571 and
45-576.03 or by rule. The director shall issue an order either granting or denying the
motion within sixty days after the filing of the motion. The director's decision after
rehearing or review is the director's final decision for the purposes of judicial review
by the party who filed the motion for rehearing or review or by any other party.
2. If a motion for rehearing or review is not filed by any party, the director's
decision is final for the purposes of judicial review by any party.
|