State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter83 > 83-1224

83-1224. Judicial review;enforcement of final decision and order; procedures; appeal to Court of Appeals.(1) Any party aggrieved by the findings, conclusions, orfinal decision and order of the director shallbe entitled to judicial review under this section. Any party of record alsomay seek enforcement of the final decision and order of the director pursuant to this section.(2) Proceedings for judicial review shall be instituted byfiling a petition in the district court of Lancaster County within thirtydays after service of the final decision and order on the party seeking suchreview. All parties of record shall be made parties to the proceedings. Thecourt, in its discretion, may permit other interested parties to intervene.(3) The filing of a petition for judicial review to suchdistrict court shall operate to stay the enforcement of the final decisionand order of the director. While judicial proceedingsare pending in district court and unless the parties otherwise agree, theperson with developmental disabilities shall remain in his or her currentplacement. If the health or safety of the person with developmental disabilitiesor of other persons would be endangered by delaying a change in placement,the service provider may make such change without prejudice to the rightsof any party.(4) Within thirty days after receiving notification thata 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 prepareand transmit to the court a certified transcript of the proceedings beforethe hearing officer.(5) Judicial review shall be heard de novo on the record.The court shall receive the records of the administrative proceedings, baseits decision on the preponderance of the evidence, and grant such relief asthe court determines is appropriate. The district court may affirm, reverse,or modify the decision of the director, orremand the case to the director forfurther proceedings, including the receipt of additional evidence, for goodcause shown.(6) An aggrieved party may secure a review of any final judgmentof 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 civilcases and shall be heard de novo on the record.(7) When no petition for judicial review or other civil actionis filed within thirty days after service of the final decision and orderon all of the parties, the director's finaldecision and order shall become effective. Proceedings for enforcement of the director's final decisionand order shall be instituted by filing a petition for appropriate reliefin the district court of Lancaster County within one year after the date ofthe director's final decisionand order. SourceLaws 1991, LB 830, § 24; Laws 1992, LB 360, § 39; Laws 2004, LB 297, § 6; Laws 2010, LB849, § 35.Operative Date: July 15, 2010