Laws 1963, LB 274, pp. 1654–1656

Chapter 531

Judicial Review of Final Administrative Decision

Legislative Bill 274

Introduced by Committee on Judiciary, DOnald F. McGinley, 39th District, Chairman

AN ACT relating to administrative agencies of the state government; to provide for judicial review of any final decision of an administrative agency; to prescribe the procedure for obtaining such judicial review; to provide that the procedure prescribed shall not apply where other provisions of law prescribe the method of appeal; and to provide a construction clause.

Be it enacted by the people of the State of Nebraska,

Section 1. (1) Any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negativei n form, is entitled to judicial review under this act. Nothing in this section shall be deemed to prevent resort to other means of review, redress, or relief provided by law.

(2) Proceedings for review shall by instituted by filing a petition in the district court of the county where the action is taken within thirty days after the service of the final decision by the agency. All parties of record shall be made parties to the proceedings for review. Summons shall be served as in other actions except that a copy of the petition shall be served upon any such agency together with the summons. The court, in its discretion, may permit other interested persons to intervene.

(3) The filing of the petitiion or the service of summons upon such agency shall not stay enforcement of a 1665 decision. The agency may do so, or the court ma yorder a stay after notice to such agency of application therefor, upon such terms as it deems proper, and may require the party requesting such stay to give bond in such amount and conditioned as the court may direct.

(4) Within fifteen days after service of the petition or within such further time as the court for good cause shown may allow, the agency shall prepare and transmit to the court a certified transcript of the proceedings had before it including the final decision sought to be reversed, vacated, or modified. Any deposition or exhibit introduced in the agency proceeding shall, upon demans of the party who introduced it, be returned to such party for use in the proceedings for review.

(5) The review shall be conducted as a de novo proceeding by the court without a jury.

(6) The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioner may have been prejudiced because the agency decision is:

(a) In violation of constitutional provisions;

(b) In excess of the statutory authority or jurisdiction of the agency;

(c) Made upon unlawful procedure;

(d) Affected by other error of law;

(e) Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or

(f) Arbitrary or capricious.

(7) The review provided by this section shall not be available in any case where other provisions of law prescribe the method of appeal.

Sec. 2. An aggrieved party may secure a review of any final judgment of the district court under this act by 1656 appeal to the Supreme Court. Such appeal shall be taken in the manner provided by law for appeals to the Supreme Court in civil cases and shall be head de novo on the record.

Sec. 3. This act is intended to constitute an independent act establishing the procedure for review of actions of agencies as defined in section 84-901, Revised Statutes Supplement, 1961. It shall be considered as cumulative to existing laws.

Approved .