Nebraska Statutes 20-339. Appeal; enforcement of hearing officer’s order; procedure
(1) Any party aggrieved by a final order granting or denying in whole or in part the relief sought may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act, except that venue of the proceeding shall be in the county in which the discriminatory housing practice is alleged to have occurred.
Terms Used In Nebraska Statutes 20-339
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: shall mean the Equal Opportunity Commission. See Nebraska Statutes 20-305
- Discriminatory housing practice: shall mean an act that is unlawful under section 20-318, 20-319, 20-320, 20-321, or 20-344. See Nebraska Statutes 20-309
- Person: shall include one or more individuals, corporations, partnerships, limited liability companies, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. See Nebraska Statutes 20-314
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Venue: The geographical location in which a case is tried.
(2)(a) The commission may petition the district court for the county in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the hearing officer and for appropriate temporary relief or restraining order.
(b) The commission shall file in court with the petition the record in the proceeding. A copy of such petition shall be transmitted by the clerk of the court to the parties to the proceeding before the hearing officer.
(3)(a) Upon the filing of a petition under subsection (1) or (2) of this section, the court may:
(i) Grant to the petitioner or any other party such temporary relief, restraining order, or other order as the court deems just and proper;
(ii) Affirm, modify, or set aside the order, in whole or in part, or remand the order for further proceedings; and
(iii) Enforce the order to the extent that the order is affirmed or modified.
(b) Any party to the proceeding before the hearing officer may intervene in the district court.
(c) An objection not made before the hearing officer shall not be considered by the court unless the failure or neglect to urge such objection is excused because of extraordinary circumstances.
(4) If no appeal is filed before the expiration of forty-five days after the date the hearing officer’s order is entered, the hearing officer’s findings of fact and order shall be conclusive in connection with any petition for enforcement:
(a) Which is filed by the commission under subsection (2) of this section after the end of such forty-fifth day; or
(b) Under subsection (5) of this section.
(5) If before the expiration of sixty days after the date the hearing officer’s order is entered no appeal has been filed and the commission has not sought enforcement of the order under subsection (2) of this section, any person entitled to relief under the order may petition for a decree enforcing the order in the district court for the county in which the discriminatory housing practice is alleged to have occurred.
(6) The district court in which a petition for enforcement is filed under subsection (2) or (5) of this section shall enter a decree enforcing the order. The clerk of the court shall transmit a copy of such decree to the commission, the respondent named in the petition, and any other parties to the proceeding before the hearing officer.
Source
- Laws 1991, LB 825, § 40.