S-12-1186, Eric McDougle, LMHP, PLADC v. State of Nebraska DHHS, Regulation and Licensure
Lancaster County, Judge Andrew Jacobsen
Attorneys: Denise Destache (Lamson, Dugan and Murray, LLP) for Appellant Eric McDougle — Julie Agena, Assistant Attorney General, for Appellee State of Nebraska
Civil: Agency license revocation; Administrative Procedures Act
Proceedings below: After an investigation and disciplinary hearing, the Nebraska Department of Health and Human Services (DHHS) revoked McDougle’s professional licenses. McDougle petitioned for judicial review by the District Court of Lancaster County. The district court granted the DHHS’s motion to dismiss finding that service of a request on the Agency for preparation of its record is a prerequisite to jurisdiction under the Administrative Procedures Act.
Issue: Whether request for preparation of the Agency’s record within 30 days of filing Petition for Judicial Review is required for the district court to obtain jurisdiction under the Nebraska Administrative Procedure Act