54-1707. Hearings; procedure; order; appeal.
(1) Hearings shall be conducted by the director or by a hearing officer designated by him or her. Provision shall be made to insure that any such hearing officer other than the director shall not have participated in the performance of investigative or prosecuting functions in the case to which he or she is assigned. The hearing shall be conducted in an impartial manner by the hearing officer who may administer oaths, rule upon offers of proof and objections, and take such other action as may be necessary. He or she shall not be bound by formal rules of evidence as observed in courts of law but shall exclude irrelevant, immaterial, or unduly repetitious evidence. The burden of proof and of proceeding with the evidence shall be on the department, and every party shall have the right to compulsory process, to representation by counsel of his or her own choosing, and to cross-examination of and confrontation by witnesses against him or her.
(2) Whenever any hearing is conducted by any person other than the director, the person conducting the same shall render a recommended decision with appropriate proposed findings and orders disposing of all the relevant matters of fact and law involved in the proceeding. Thereafter the case may be remanded to the person or persons who conducted the hearing with such instructions as the director may deem appropriate, or the director himself or herself may perform such function and may conduct a new or supplemental hearing. The director may dispense with a recommended decision and proceed to the rendering of his or her final order thereon with appropriate findings of fact on the basis of the entire record as certified to him or her by the person conducting the hearing. Prior to each recommended and each final decision, the parties shall be afforded an opportunity to submit proposed findings, briefs, and arguments as the director may deem appropriate.
(3) Any person aggrieved by any order entered by the director or other action taken by the department may appeal the order or action, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Cross References
Structure Nebraska Revised Statutes
54-157 - Transferred to section 54-1522.
54-158 - Transferred to section 54-1523.
54-171 - Definitions; where found.
54-171.01 - Approved nonvisual identifier, defined.
54-172 - Bill of sale, defined.
54-173 - Brand clearance, defined.
54-174 - Brand inspection agency, defined.
54-175 - Brand inspection area, defined.
54-175.01 - Brand inspection service area, defined.
54-176 - Brand inspector, defined.
54-179 - Certificate of inspection, defined.
54-179.01 - Certified bill of sale, defined.
54-179.02 - Certified transportation permit, defined.
54-179.03 - Electronic inspection, defined.
54-179.04 - Enrollment, defined.
54-181 - Freeze brand, defined.
54-182 - Investigator, defined.
54-185 - Market agency, defined.
54-186 - Open market, defined.
54-186.01 - Out-of-state brand permit, defined.
54-187.01 - Physical inspection, defined.
54-187.02 - Qualified dairy, defined.
54-188 - Registered feedlot, defined.
54-189 - Satisfactory evidence of ownership, defined.
54-193 - Nebraska Brand Committee; brand publication.
54-194 - Documents; signature and seal requirements.
54-195 - Assessments and promotional materials.
54-196 - Rules and regulations.
54-197 - Nebraska Brand Inspection and Theft Prevention Fund; created; use; investment.
54-198 - Recorded livestock brand; requirements; in-herd identification; prohibited act.
54-199 - Livestock brand; application; fees; requirements; issuance.
54-1,101 - Recorded brand; owner; copies of record.
54-1,102 - Recorded brand; use; expiration date; renewal fee; expired brand; reinstated.
54-1,103 - Reserved brands; use.
54-1,104 - Brand assigned to committee.
54-1,105 - Brands; distinction requirements.
54-1,106 - Grazing livestock; requirements.
54-1,107 - Recorded brand; evidentiary effect.
54-1,109 - Brand inspection area; designation.
54-1,110 - Brand inspection area; brand inspection requirements; violation; penalty.
54-1,111 - Brand inspection area; sale or trade of cattle; requirements; violation; penalty.
54-1,112 - Brand inspection area; slaughter and hide records; violation; penalty.
54-1,113 - Sale, trade, use, or consumption of beef or veal; requirements; violation; penalty.
54-1,114 - Slaughter of cattle; brand inspection requirements; violation; penalty.
54-1,115 - Livestock transportation authority form; requirements; violation; penalty.
54-1,116 - Satisfactory evidence of ownership; violation; penalty.
54-1,117 - Brand inspection area; intermingling of livestock; effect.
54-1,118 - Livestock; questions of ownership; procedure.
54-1,119 - Open market; designation; brand inspection requirements.
54-1,120 - Registered feedlot; application; requirements; fees; inspections; records.
54-1,121 - Registered feedlot; cattle shipment; requirements.
54-1,122 - Registered feedlot; cattle received; requirements.
54-1,123 - Prohibited sale; violation; penalty.
54-1,124 - Prohibited brand; violation; penalty.
54-1,124.01 - Acts prohibited; penalty.
54-1,125 - False documents; violation; penalty.
54-1,127 - Violations; arresting peace officer; powers.
54-1,129 - Livestock auction market or packing plant; brand inspection; election to provide.
54-1,130 - Livestock auction market or packing plant; election; how made.
54-201.01 - Legislative intent.
54-202 - Transferred to section 52-1501.
54-203 - Transferred to section 52-1502.
54-204 - Transferred to section 52-1503.
54-205 - Transferred to section 52-1504.
54-206 - Transferred to section 52-1505.
54-207 - Transferred to section 52-1506.
54-209 - Lien satisfied; financing statement; termination.
54-301 - Herd laws; stock grower, cattle drover, defined.
54-302 - Driving off another's livestock; penalty.
54-303 - Herd laws; actions; proof of ownership.
54-304 - Male animal running at large; liability of owner.
54-305 - Cattle drover; duty to prevent trespassing animals.
54-306 - Cattle drover; trespassing; penalty; liability for damages.
54-307 - Cattle drover; driving off another's livestock; liability.
54-308 - Cattle drover; mixing of cattle; duty to separate; penalty.
54-309 - Cattle or sheep; hides; removal by other than owner; prohibited; exception.
54-310 - Herd laws; violations; rewards; authorized.
54-311 - Wells and pitfalls; prohibited acts.
54-315 - Wells and pitfalls; violation; penalty.
54-401 - Estrays, trespassing animals; damages; liability.
54-402 - Trespassing animals; damages; lien.
54-403 - Trespassing animals; distraint; notice.
54-404 - Trespassing animals; distraint; damages; owner's failure to pay; sale.
54-405 - Distraint; arbitrators; number; powers.
54-406 - Distraint; arbitration award; enforcement; appeal.
54-407 - Estrays; owner unknown; procedure.
54-415 - Estrays; report; sale; procedure; disposition of proceeds; violations; penalty.
54-416 - Feral swine; applicability of sections; destruction; when.
54-503 - Program; participation; incentives.
54-504 - Applicant; eligibility; preference.
54-505 - Distribution of program funds.
54-506 - Release from program; when; recovery of payments.
54-507 - Food Supply Animal Veterinary Incentive Fund; created; use; investment.
54-508 - Rules and regulations.
54-601 - Dogs; personal property; owner liable for damages; exceptions.
54-602 - Dogs owned by different persons; joint liability.
54-604 - Dogs; killing; when permitted.
54-605 - Dogs; collar required.
54-606 - Dogs; collarless; who deemed owner.
54-607 - Dogs; running at large; penalty.
54-613 - Violations; penalties.
54-614 - County; license tax; regulate dogs running at large; appeal process.
54-615 - County; impound dog; cost and penalties.
54-616 - County; pounds; erection; keepers; compensation; rules and regulations.
54-617 - Dangerous dogs; terms, defined.
54-619 - Dangerous dogs; confinement required; warning signs.
54-620 - Dangerous dogs; confiscation; when; costs.
54-621 - Dangerous dogs; disposal by court order.
54-622 - Dangerous dogs; violation; penalty.
54-622.01 - Dangerous dogs; serious bodily injury; penalty; defense.
54-623 - Dangerous dogs; violation; conviction; effect.
54-623.01 - County; designate animal control authority.
54-624 - Dangerous dogs; local laws or ordinances.
54-627 - License requirements; fees; premises available for inspection.
54-628 - Inspection program; department; powers; reinspection fee; prohibited acts; penalty.
54-628.02 - Violation of act, rule or regulation, or order of director; proceedings authorized.
54-629 - Rules and regulations.
54-630 - Application; denial; grounds; appeal.
54-631 - Licensee; duties; disciplinary actions.
54-632 - Notice or order; service requirements; hearing; appeal.
54-633 - Enforcement powers; administrative fine.
54-633.01 - Special investigator; powers; referral to another law enforcement officer.
54-635 - Commercial Dog and Cat Operator Inspection Program Cash Fund; created; use; investment.
54-636 - Department; enforcement powers.
54-637 - Information on spaying and neutering; requirements.
54-638 - Provision for spaying or neutering; when.
54-639 - Adopter or purchaser; agreement; requirements.
54-640 - Commercial dog or cat breeder; duties.
54-641 - Licensees; primary enclosures; requirements.
54-641.01 - Commercial dog breeder; dogs; opportunity for exercise.
54-641.02 - Commercial dog breeder; veterinary care; review of health records; duties of breeder.
54-641.03 - Breeding dog; microchip; identification.
54-642 - Department; submit report of costs and revenue.
54-643 - Administrative fines; disposition; lien; collection.
54-647 - Recourse to remedies; purchaser; duties; notice to seller; remedies.
54-648 - Denial of refund, reimbursement of fees, or replacement; conditions.
54-649 - Purchaser; file action; seller's rights; limit of recovery.
54-650 - Other rights and remedies not limited; act; how construed.
54-706.12 - Bovine Tuberculosis Cash Fund; created; use; investment; termination.
54-723 - Transferred to section 54-1412.
54-724 - Transferred to section 54-1413.
54-725 - Transferred to section 28-1304.01.
54-753.05 - Importation of livestock; embargo; violation; penalty.
54-753.06 - Transferred to section 54-7,109.
54-778 - Anthrax Control Act Cash Fund; created; use; investment; termination.
54-797 - Livestock certification program; department; duties; registry.
54-798 - Livestock certification program; application; costs.
54-799 - Livestock certification program; livestock producer; powers.
54-7,100 - Livestock certification program; removal from registry; procedure.
54-7,101 - Livestock certification program; department; immunity.
54-7,102 - Livestock certification program; information; disclosure; when.
54-7,103 - Livestock certification program; department; powers.
54-7,105 - Act, how cited; purpose.
54-7,106 - Permit; notification requirements; application; denial; grounds; prohibited acts.
54-7,107 - Records; contents; access by department.
54-7,109 - Compliance with game laws required.
54-852 - Commercial feed; label requirements; customer-formula feed; requirements.
54-853 - Misbranded commercial feed, defined.
54-854 - Adulterated commercial feed, defined.
54-856 - Inspection fees; administrative fee; statement and records required.
54-857 - Commercial Feed Administration Cash Fund; created; use; investment.
54-858 - Director; adopt rules and regulations; notice to current licensees.
54-859 - Enforcement of act; inspections; testing; methods of analysis; results; distribution.
54-860 - Violations; order of director or court; seizure of feed.
54-862 - Director; cooperate with other entities.
54-863 - Annual report; contents.
54-903 - Abandonment or cruel neglect; mistreatment; prohibited acts; violation; penalty.
54-904 - Indecency with a livestock animal; penalty.
54-905 - Court order for reimbursement of expenses; liability for expenses; lien.
54-911 - Prohibited acts relating to equine; violation; penalty.
54-912 - Prohibited acts relating to bovine; violation; penalty.
54-1157 - Declaration of policy.
54-1159 - Exemptions from act.
54-1160.01 - Brand inspection.
54-1161 - License required; application for license; contents.
54-1163 - Hearing; determination; factors; issuance of license.
54-1165 - License fee; payments; disposition.
54-1166 - Livestock auction markets; license personal to holder; transfer; posting; termination.
54-1168 - Records required; available for inspection.
54-1170 - Director; audio recording; appeal; procedure.
54-1171 - Violations; penalties; injunction.
54-1172 - Livestock Auction Market Fund; creation; use; investment.
54-1173 - Livestock Auction Market Fund; license and permit fees; occupation tax; use.
54-1178 - Maintenance in sanitary condition; rules and regulations.
54-1180 - Inspection of livestock; duties; fees; use; disposition; notice of change.
54-1181 - Veterinarians; agreement for services; contents; compensation; liability.
54-1181.01 - Violations; penalty.
54-1182 - Livestock sold; treatment by veterinarians; release; documentation; rules and regulations.
54-1183 - Transferred to section 54-1,129.
54-1184 - Transferred to section 54-1,130.
54-1185 - Transferred to section 54-1,131.
54-1186 - Transferred to section 54-1156.
54-1371 - Brucellosis Control Cash Fund; created; use; investment; termination date.
54-1412 - Transferred to section 54-724.01.
54-1413 - Transferred to section 54-724.02.
54-1602 - SPF Accredited; advertisement; subject to sections.
54-1603 - University of Nebraska Institute of Agriculture and Natural Resources; accreditation.
54-1605 - Violations; penalty.
54-1704 - Livestock dealer; license; application; bond; form; renewal; fee; disposition.
54-1705 - State Veterinarian; powers.
54-1706 - Violations; order to appear; notice; hearing; appeal.
54-1707 - Hearings; procedure; order; appeal.
54-1708 - State Veterinarian; rules and regulations; adopt; inspections; fees.
54-1709 - Licensed dealer; records; contents; access.
54-1711 - Violations; penalty.
54-1803 - Purchasing slaughter livestock; unlawful acts.
54-1804 - Slaughter livestock; purchaser; requirements.
54-1806 - Director of Agriculture; reciprocal agreements; basis.
54-1807 - Purchasers of slaughter livestock; records; contents.
54-1808 - Violations; penalty.
54-1809 - Purchase of slaughter livestock; unlawful acts.
54-1810 - Purchase of slaughter livestock; effect of section.
54-1811 - Purchase of slaughter livestock; violations; penalties.
54-1903 - Intent of Nebraska Meat and Poultry Inspection Law.
54-1904 - License; application; inspection; renewal; fee; suspension; when.
54-1905 - Hearings; how conducted; order; appeal.
54-1906 - Director of Agriculture; rules and regulations; adopt; requirements.
54-1907 - Records; contents; access.
54-1908 - Director of Agriculture; powers.
54-1910 - Inspection of products; when completed.
54-1911 - Exempted product; adulterated or misbranded; seized by inspector; when.
54-1912 - Product found adulterated or misbranded; seizure; destruction; procedure.
54-1913 - Officer, inspector, employee of state; bribes, acceptances; interference; penalty.
54-1914 - Director of Agriculture; violations; investigations; powers; subpoenas.
54-1915 - Director of Agriculture; cooperate with United States Department of Agriculture.
54-1915.01 - Acquisition of meat from livestock by an informed end consumer; allowed; conditions.
54-2201 - Transferred to section 54-2235.
54-2202 - Transferred to section 54-2237.
54-2203 - Transferred to section 54-2259.
54-2205 - Transferred to section 54-2252.
54-2206 - Transferred to section 54-2247.
54-2208 - Transferred to section 54-2254.
54-2208.01 - Transferred to section 54-2242.
54-2208.02 - Transferred to section 54-2244.
54-2208.03 - Transferred to section 54-2245.
54-2208.06 - Transferred to section 54-2264.
54-2209 - Transferred to section 54-2246.
54-2210 - Transferred to section 54-2256.
54-2212 - Transferred to section 54-2262.
54-2213 - Transferred to section 54-2253.
54-2214 - Transferred to section 54-2255.
54-2215 - Transferred to section 54-2265.
54-2216 - Transferred to section 54-2248.
54-2217 - Transferred to section 54-2251.
54-2218 - Transferred to section 54-2250.
54-2218.01 - Transferred to section 54-2239.
54-2219 - Transferred to section 54-2243.
54-2220 - Transferred to section 54-2249.
54-2220.02 - Transferred to section 54-2257.
54-2220.03 - Transferred to section 54-2258.
54-2221 - Transferred to section 54-2270.
54-2221.04 - Transferred to section 54-2277.
54-2221.05 - Transferred to section 54-2278.
54-2221.07 - Transferred to section 54-2280.
54-2221.09 - Transferred to section 54-2281.
54-2221.10 - Transferred to section 54-2282.
54-2221.11 - Transferred to section 54-2283.
54-2221.12 - Transferred to section 54-2284.
54-2221.13 - Transferred to section 54-2285.
54-2221.14 - Transferred to section 54-2286.
54-2222 - Transferred to section 54-2287.
54-2223 - Transferred to section 54-2288.
54-2223.01 - Transferred to section 54-2236.
54-2223.03 - Transferred to section 54-2271.
54-2224 - Transferred to section 54-2289.
54-2225 - Transferred to section 54-2290.
54-2226 - Transferred to section 54-2291.
54-2227 - Transferred to section 54-2292.
54-2228 - Transferred to section 54-2293.
54-2229 - Transferred to section 54-2294.
54-2233 - Transferred to section 54-2298.
54-2234 - Transferred to section 54-22,100.
54-2293 - Pseudorabies Control Cash Fund; use; investment; termination.
54-2303 - Legislative findings.
54-2305 - Domesticated cervine animal facility permit required; when.
54-2306 - Permit; application; fee; administrative fee; expiration of permit.
54-2307 - Denial of permit; when.
54-2308 - Permit; conditions; inspection of facility; fee.
54-2309 - Permitholder; reports.
54-2310 - Permitholder; duties; probation; suspension; revocation; procedure; reinstatement.
54-2311 - Notice or order; service; hearing; procedure; appeal.
54-2312 - Animal identification.
54-2313 - Luring or enticement of wildlife prohibited.
54-2314 - Quarantine; department; powers.
54-2316 - Escape; recapture or destroy animal.
54-2317 - Wild cervidae; duties upon discovery.
54-2318 - Rules and regulations.
54-2319 - Herd certification program authorized.
54-2320 - Domesticated Cervine Animal Cash Fund; created; use; investment.
54-2321 - Administration of act.
54-2322 - Commission; access to premises.
54-2323 - Enforcement of act; violations; penalties.
54-2401 - Transferred to section 54-2416.
54-2402 - Transferred to section 54-2417.
54-2404 - Transferred to section 54-2419.
54-2404.01 - Transferred to section 54-2420.
54-2404.02 - Transferred to section 54-2421.
54-2406 - Transferred to section 54-2423.
54-2408 - Transferred to section 54-2428.
54-2411 - Transferred to section 54-2433.
54-2412 - Transferred to section 54-2429.
54-2413 - Transferred to section 54-2435.
54-2414 - Transferred to section 54-2434.
54-2415 - Transferred to section 54-2430.
54-2419 - Permits; approval; conditions; restrictions.
54-2420 - Section; how construed.
54-2421 - Cold water class A streams; designation.
54-2422 - Inspection and construction and operating permit requirements; exemptions.
54-2423 - Animal feeding operation; request inspection; when; fees; department; duties.
54-2424 - Animal feeding operation; operating requirements; when.
54-2425 - National Pollutant Discharge Elimination System permit; department; duties.
54-2426 - Applications; contents.
54-2427 - Public participation; when.
54-2430 - Surface water runoff; diversion requirements; increase in acreage limitation; conditions.
54-2431 - Applications; rejection; when; disciplinary actions; grounds.
54-2433 - Department; contracts authorized.
54-2434 - Enforcement of act; legislative intent.
54-2435 - Council; rules and regulations.
54-2436 - Reinstatement of operating permit; conditions; fee.
54-2438 - Major modification; applications; contents.
54-2504 - Collaborating veterinarian agreement; required; when; contents.
54-2604 - Packers; acts prohibited.
54-2605 - Violations by packer; enforcement; penalty.
54-2606 - Packer violation; proceeds of livestock sale; fines; distribution.
54-2607 - Sales of swine; packers; prohibited acts.
54-2608 - Sales of swine; authorized; when.
54-2609 - Sales of swine; contracts allowed; conditions.
54-2610 - Sales of swine; contract voidable by seller.
54-2611 - Sales of swine; recovery of damages.
54-2612 - Sales of swine; violation; penalty.
54-2613 - Sales of swine; packer; reporting requirements.
54-2614 - Sales of swine; reports available to public; department; duty.
54-2615 - Sales of swine; packer; failure to make reports; false information; penalties.
54-2616 - Sales of swine; enforcement of provisions; restraining order.
54-2617 - Sales of cattle; packer; prohibited acts.
54-2618 - Sales of cattle; contracts allowed; conditions.
54-2619 - Sales of cattle; pricing mechanisms; restrictions.
54-2620 - Sales of cattle; contract voidable by seller.
54-2621 - Sales of cattle; recovery of damages.
54-2622 - Sales of cattle; violation; penalty.
54-2623 - Sales of cattle; packer; reporting requirements.
54-2624 - Sales of cattle; reports available to public; department; duty.
54-2625 - Sales of cattle; packer; failure to make reports; false information; penalties.
54-2626 - Sales of cattle; enforcement of provisions; restraining order.
54-2627 - Fee per animal unit; department assess.
54-2628 - Competitive Livestock Markets Cash Fund; created; use; investment.
54-2629 - Rules and regulations.
54-2630 - Attorney General; enforcement powers.
54-2631 - Attorney General; reciprocal agreements; authorized.
54-2757 - Scrapie Control Cash Fund; created; use; investment; termination.
54-2801 - Legislative findings; act, how cited.
54-2803 - Grant program; applications; purposes.
54-2804 - Livestock Growth Act Cash Fund; created; use; investment.
54-2805 - Rules and regulations.
54-2902 - Definitions, where found.
54-2903 - Accredited veterinarian, defined.
54-2904 - Affected animal, herd, or flock, defined.
54-2905 - Affected premises, defined.
54-2907 - Approved laboratory, defined.
54-2909 - Certificate of veterinary inspection, defined.
54-2910 - Controlled movement, defined.
54-2911 - Dangerous disease, defined.
54-2912 - Department, defined.
54-2914 - Domesticated cervine animal, defined.
54-2917 - Foreign animal or transboundary disease, defined.
54-2918 - Herd or flock, defined.
54-2919 - Herd or flock management plan, defined.
54-2920 - Infected or positive animal, herd, or flock, defined.
54-2922 - Negative animal, herd, or flock, defined.
54-2923 - Official test, defined.
54-2924 - Permit for entry or permit, defined.
54-2928 - Program disease, defined.
54-2929 - Program disease activity or surveillance, defined.
54-2930 - Program standards, defined.
54-2931 - Quarantine, defined.
54-2932 - Ratite bird, defined.
54-2933 - Regulated article, defined.
54-2934 - Responder or suspect, defined.
54-2936 - State Veterinarian, defined.
54-2937 - Trace or tracing, defined.
54-2938 - USDA/APHIS/VS, defined.
54-2939 - Legislative findings; department; powers.
54-2941 - Veterinary inspector or agent of the USDA/APHIS/VS; act as agent of the department, when.
54-2950 - Records or reports; requirements.
54-2951 - Vaccine; sale and use restrictions.
54-2952 - Waste animal products, defined; feed to animals; unlawful; exceptions.
54-2957 - Animal Health and Disease Control Act Cash Fund; created; use; investment.