84-915. Contested cases; orders; findings of fact; conclusions of law; notification.

Every decision and order adverse to a party to the proceeding, rendered by an agency in a contested case, shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. Parties to the proceeding shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed upon request to each party or his or her attorney of record.

Source

Annotations

1. Sufficiency

2. Miscellaneous

1. Sufficiency

In order to provide a clear basis for an order granting or denying an instream flow application, the Director of Water Resources is required to discuss each of the elements listed in section 46-2,115. However, the director is not required to include, as part of his public interest analysis, to discuss forgone uses. An order which does no more than state its ultimate conclusion -- "application granted" or "application denied" -- clearly fails to provide a sufficient basis for the order. An order which fails to make findings on each required element also fails to provide a sufficient basis for the order. Central Platte NRD v. State of Wyoming, 245 Neb. 439, 513 N.W.2d 847 (1994).

Conclusions of law found sufficient when considered with findings of fact. Douglas County Bank v. Department of Banking, 187 Neb. 545, 192 N.W.2d 401 (1971).

Findings of fact in order entered by Director of Motor Vehicles are sufficient if they consist of a concise statement of the conclusions upon each contested issue of fact. Doran v. Johns, 186 Neb. 321, 182 N.W.2d 900 (1971).

Findings of fact must show validity of order; failure to make findings of fact and conclusions of law in implied consent proceeding caused order to be set aside on appeal. Prigge v. Johns, 184 Neb. 103, 165 N.W.2d 559 (1969).

Every decision under this act must be in writing, and shall make findings of fact and conclusions of law. County of Lancaster v. State Board of Equalization & Assessment, 180 Neb. 497, 143 N.W.2d 885 (1966); County of Brown v. State Board of Equalization & Assessment, 180 Neb. 487, 143 N.W.2d 896 (1966); County of Blaine v. State Board of Equalization & Assessment, 180 Neb. 471, 143 N.W.2d 880 (1966).

State Railway Commission is required in a final order to make findings of fact and conclusions of law. Yellow Cab Co. v. Nebraska State Railway Commission, 176 Neb. 711, 127 N.W.2d 211 (1964).

Under this section, the State Railway Commission is required to make findings of fact and conclusions of law in cases before it. Yellow Cab Co. v. Nebraska State Railway Commission, 175 Neb. 150, 120 N.W.2d 922 (1963).

Findings made by State Railway Commission were sufficient to comply with this section. Young v. Morgan Drive Away, Inc., 171 Neb. 784, 107 N.W.2d 752 (1961).

2. Miscellaneous

Chapter 84, article 9, applies to agencies of state government, not to city zoning board of adjustment. South Maple Street Assn. v. Board of Adjustment, 194 Neb. 118, 230 N.W.2d 471 (1975).

State Railway Commission may correct findings to comply with this section without giving notice of hearing. Petroleum Transp. Co. v. All Class I Rail Carriers, 173 Neb. 564, 114 N.W.2d 34 (1962).

On appeal from order of State Railway Commission, time commenced to run from date of mailing of notice of order. Denver Chicago Transp. Co., Inc. v. Poulson, 172 Neb. 862, 112 N.W.2d 410 (1961).

Order of railway commission that fails to make findings of ultimate facts is irregular and will be set aside upon appeal. Basin Truck Co. v. All Class I Rail Carriers, 172 Neb. 28, 108 N.W.2d 388 (1961).