54-632 Notice or order; service requirements; hearing; appeal. - Nebraska Statutes

54-632. Notice or order;service requirements; hearing; appeal.(1) Anynotice or order provided for in the Commercial Dog and Cat Operator InspectionAct shall be properly served when it is personally served on the licensee or violator or on the personauthorized by the licensee to receive notices and orders of the departmentor when it is sent by certified or registered mail, return receipt requested,to the last-known address of the licensee orviolator or the person authorized by the licensee to receive suchnotices and orders. A copy of the notice and the order shall be filed in therecords of the department.(2) A notice to comply with the conditions set out in theorder of the director provided in section 54-631 shall set forth the actsor omissions with which the licensee is charged.(3) A notice of the licensee's right to a hearing providedfor in sections 54-630 and 54-631 shall set forth the time and place of thehearing except as otherwise provided in section 54-631. A notice of the licensee'sright to such hearing shall include notice that such right to a hearing maybe waived pursuant to subsection (6) of this section. A noticeof the licensee's right to a hearing shall include notice to the licenseethat the license may be subject to sanctions as provided in section 54-631.(4) A requestfor a hearing under subsection (2) of section 54-628.01 shall request thatthe director set forth the time and place of the hearing. The director shallconsider the interests of the violator in establishing the time and placeof the hearing. Within three business days after receipt by the director ofthe hearing request, the director shall set forth the time and place of thehearing on the stop-movement order. A notice of the violator's right to suchhearing shall include notice that such right to a hearing may be waived pursuantto subsection (6) of this section.(5) The hearings provided for in the act shallbe conducted by the director at the time and place he or she designates. Thedirector shall make a final finding based on the complete hearing record andissue an order. If the director has suspended a license pursuant to subsection(4) of section 54-631, the director shall sustain, modify, or rescind theorder after the hearing. Ifthe department has issued a stop-movement order under section 54-628.01, thedirector may sustain, modify, or rescind the order after the hearing. Allhearings shall be in accordance with the Administrative Procedure Act.(6) A licensee or violator waives the rightto a hearing if such licensee orviolator does not attend the hearing at the time and place setforth in the notice described in subsection (3) or (4) of this section, without requesting that the director, at least two days beforethe designated time, change the time and placefor the hearing, except that before an order of the director becomes final,the director may designate a different time and place for the hearing if thelicensee or violator showsthe director that the licensee orviolator had a justifiable reason for not attending the hearingand not timely requesting a change of the time and place for such hearing.If the licensee or violator waivesthe right to a hearing, the director shall make a final finding based uponthe available information and issue an order. If the director has suspendeda license pursuant to subsection (4) of section 54-631, the director may sustain,modify, or rescind the order after the hearing. If the department has issued a stop-movement order undersection 54-628.01, the director may sustain, modify, or rescind the orderafter the hearing.(7) Any person aggrieved bythe finding of the director has ten days after the entry of the director'sorder to request a new hearing if such person can show that a mistake of facthas been made which affected the director's determination. Any order of thedirector becomes final upon the expiration of ten days after its entry ifno request for a new hearing is made. SourceLaws 2000, LB 825, § 8; Laws 2007, LB12, § 7; Laws 2009, LB241, § 8. Cross ReferencesAdministrative Procedure Act, see section 84-920.