9-228. Hearing; required; when; notice.

Before the adoption, amendment, or repeal of any rule or regulation, the suspension, revocation, or cancellation of any license or permit, or the levying of any administrative fine pursuant to section 9-226, the department shall set the matter for hearing. Such suspension, revocation, or cancellation proceedings or proceedings to levy an administrative fine shall be considered contested cases pursuant to the Administrative Procedure Act.

At least ten days before the hearing, the department shall (1) in the case of suspension, revocation, or cancellation proceedings or proceedings to levy an administrative fine, serve notice upon the licensee, permittee, or violator by personal service or mail of the time, date, and place of any hearing or (2) in the case of adoption, amendment, or repeal of any rule or regulation, issue a public notice of the time, date, and place of such hearing.

This section shall not apply to an order of suspension by the Tax Commissioner prior to a hearing as provided in section 9-227.

Source:Laws 1983, LB 259, § 53; Laws 1984, LB 949, § 59; Laws 1985, LB 408, § 37; R.S.Supp.,1985, § 9-188; Laws 1986, LB 1027, § 29; Laws 1988, LB 295, § 14; Laws 1991, LB 427, § 13; Laws 1994, LB 694, § 30; Laws 1995, LB 344, § 4; Laws 2012, LB727, § 3.

Cross References