Appeal; procedure.

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38-1,102. Appeal; procedure.

Both parties to disciplinary proceedings under the Uniform Credentialing Act shall have the right of appeal, and the appeal shall be in accordance with the Administrative Procedure Act. The case shall be heard at a time fixed by the district court. It shall be advanced and take precedence over all other cases upon the court calendar except worker's compensation and criminal cases.

Source

  • Laws 1927, c. 167, § 58, p. 469;
  • C.S.1929, § 71-613;
  • Laws 1943, c. 150, § 14, p. 544;
  • R.S.1943, § 71-159;
  • Laws 1976, LB 877, § 5;
  • Laws 1988, LB 352, § 113;
  • R.S.1943, (2003), § 71-159;
  • Laws 2007, LB463, § 102.

Cross References

  • Administrative Procedure Act, see section 84-920.

Annotations

  • The power of courts to review the action of a professional board of examiners in its refusal to recommend reinstatement of a revoked license is not decided, but if such power exists, it is limited to a determination based on whether or not the board's action was arbitrary or capricious. Coil v. Department of Health, 189 Neb. 606, 204 N.W.2d 167 (1973).


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