Section 1. That section 84-913, Reissue Revised Statutes of Nebraska, 1943, be amended to read as follows:

84-913. In any contested case all parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place, and issues involved, but if, by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable. Opportunity shall be afforded all parties to present evidence and argument with respect thereto. The agency shall prepare an official record, which shall include testimony and exhibits, in each contested case, but it shall not be necessary to transcribe shorthand notes unless requested for purpose of rehearing, in which event the transcript and record shall be furnished by the agency upon request and tender of the cost of preparation. Informal disposition may also be made of any contested case by stipulation, agreed settlement, consent order, or default. Each agency shall adopt appropriate rules of procedure for notice and hearing in contested cases.

Sec. 2. That section 84-917, Reissue Revised Statutes of Nebraska, 1943, be amended to read as follows:

84-917. (1) Any person aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, is entitled to judicial review under sections 84-917 to 84-919. 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 be 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 served as in other actions except that a copy of the petition shall be 3163 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 petition or the service of summons upon such agency shall not stay enforcement of a decision. The agency may do so, or the court may order a stay after notice to such agency of application therefor, upon such terms as it deems proper, and may require teh 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 demand of the party who introduced it, be returned to such party for use in the proceedings for review.

(5) The review shall be conducted by the court without a jury on the record of the agency.

(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 3164 available in any case where other provisions of law prescribe the method of appeal.

Sec. 3. That original sections 84-913 and 84-917, Reissue Revised Statutes of Nebraska, 1943, are repealed.