Nebraska Revised Statute 81-1170.01
Chapter 81 Section 1170.01
Requests; examination and adjustment by department; warrants for mileage.
All requests of whatever nature upon the treasury of this state, before any warrant is drawn for the payment of the same, shall be examined, adjusted, and approved by the Department of Administrative Services. All such requests shall be presented to the Director of Administrative Services with such documentation as required in the Nebraska Accounting System Manual on file with the Clerk of the Legislature and shall be audited and settled within two years after the request accrues. No warrants shall be drawn for any request until an appropriation has been made therefor. No warrant for any request for payment or reimbursement of any mileage or other traveling expense shall be issued unless the same is computed strictly in accordance with sections 81-1174 to 81-1177 except as otherwise provided in section 55-157.
- Laws 1877, § 1, p. 202;
- R.S.1913, § 6680;
- C.S.1922, § 6217;
- C.S.1929, § 77-2606;
- Laws 1933, c. 96, § 14, p. 394;
- Laws 1941, c. 180, § 5, p. 703;
- C.S.Supp.,1941, § 77-2606;
- R.S.1943, § 77-2406;
- Laws 1965, c. 538, § 26, p. 1714;
- R.S.1943, (1986), § 77-2406;
- Laws 1988, LB 864, § 14;
- Laws 2012, LB1141, § 2.
Requests need not be made under this section before filing suit in retirement benefits controversies. Livengood v. Nebraska State Patrol Ret. Sys., 273 Neb. 247, 729 N.W.2d 55 (2007).
A court may refuse to enter a declaratory judgment on the validity of an administrative rule when the petition essentially presents a claim against the state for money. Millard School District v. State Department of Education, 202 Neb. 707, 277 N.W.2d 71 (1979).
Order disallowing claim can be reviewed only by appeal. Pickus v. State, 115 Neb. 869, 215 N.W. 129 (1927).
Under former law, auditor could be compelled by mandamus to pass on claim and record action. State ex rel. Society of Home for Friendless v. Cornell, 56 Neb. 143, 76 N.W. 459 (1898).
Under former law, Auditor of Public Accounts acted in ministerial capacity in issuing warrants in satisfaction of claims. State ex rel. Ansley v. Weston, 5 Neb. Unof. 576, 99 N.W. 520 (1904).