Section 49-4-005 - COMMENCEMENT OF A CONTESTED CASE005.01 The porties to a contested case shall be the Department and the person or persons against whom a contested case is brought ("Respondent").005.02 The contested case begins with the filing of a complaint by the Department or a request for hearing by a party with the Department. 005.02A The complaint is the initial document filed by the Department and shall set forth the specific facts of the alleged violation and the administrative sanctions sought to be imposed by the Deportment action. A complaint may be styled as an order to a particular person to show cause why the Department should not take a specified action.005.02B A request for a hearing shall include any pleading filed which seeks review of the appropriateness of an order issued by the Department.005.02C The Department shall serve a copy of the complaint on each Respondent listed in the petition personally or by first-class or certified mail. Written proof of such service shall be filed in the official record.005.02D If the complaint does not include a notice of hearing, any Respondent to a complaint may request a hearing as provided by statute under which the complaint was filed. For all other complaints, a Respondent who chooses to file a responsive pleading must do so within 20 days from the date of personal service or the date of the mailing of the complaint by the Department.005.02E Amendments. 005.02E1 A complaint may be amended at any time before a responsive pleading is filed or is due if notice is given to the Respondent or his or her attorney of record. In all other cases, a petitioner must request permission to amend from the hearing officer. 005.02E2 A hearing officer may also allow, in his or her discretion, the filing of supplemental pleadings alleging facts material to the case occurring after the original pleadings were filed. A hearing officer may also permit amendment of pleadings where a mistake appears or where amendment does not materially change a claim or defense.005.03 The pleadings in a contested case may include a complaint, petition, answer, reply, notice, motion, stipulation, objection or order or other formal written document filed in a proceeding before the Department. Any pleading filed in a contested case shall meet the following requirements:005.03A The pleading shall contain a heading specifying the name of the Department and the title or nature of the pleading.005.03B The pleading shall state material factual allegations and state concisely the action the Department is being requested to take.005.03C The pleading shall contain the name and address of the petitioner.005.03D The pleading shall be manually signed by the party filing the pleading or, when represented by an attorney, by that attorney. 005.03D1 An attorney representing a party before the Department shall also include his or her address, telephone number, e-mail address, if applicable, and Nebraska bar number on all pleadings filed with the Department. 005.03D2 The initial complaint shall also contain the name and address of the Respondent.005.03E All pleadings shall be made on white, letter-sized paper (81/2 inches x 11 inches) of standard weight. All pleadings must be legible and may be typewritten, printed or handwritten, or on a form photostatically reproduced. If handwritten, a pleading must be written in ink.005.03F All pleadings shall be filed with the Department at its main office. Filing may be accomplished by personal delivery or mail and will be received during regular office hours of the Department.005.03G Copies of all pleadings filed with the Department subsequent to the initial petition shall be served by the party filing such pleading upon all attorneys of record or other representatives of record and upon all unrepresented parties. Service shall be made personally or by first-class or certified mail. Written proof of such service shall be filed with the Department.005.04 Unless state law provides that a hearing is not required, a hearing date shall be set by the Director or hearing officer in accordance with statutory requirements. A written notice of the time and place of hearing and the name of the hearing officer, if known, shall be served by the Department upon all attorneys of record or other representatives of record and upon all unrepresented parties. The notice must include a proof of such service and be filed in the official record. 005.04A In determining the necessary parties to receive notice in a contested case, the Director or hearing officer shall consider (a) the person or persons alleged to have violated applicable laws, rules, regulations or orders; (b) persons standing in a fiduciary and/or official capacity with the person affected by the alleged violation; (c) persons who may have aided in the alleged violation; and (d) any other persons who may have knowledge of the alleged violation.005.04B Failure to file notice as required by this Rule will invalidate any action of the Director only if such failure to give notice is raised by the alleged violator and only if the substantial rights of one of the parties are prejudiced.005.04C Participation in the hearing shall be deemed a waiver of any notice requirement.005.05 The Director may order two or more proceedings which are legally or factually related to be heard and considered together on a consolidated record, unless any party thereto makes a showing, sufficient to satisfy the Director, that it would be prejudiced thereby.49 Neb. Admin. Code, ch. 4, § 005