McDougle v. State ex rel. Bruning, 289 Neb. 19

McDougle’s licenses (mental health practitioner and provisional alcohol/drug counselor) were revoked by the Director of Nebraska’s Division of Public Health under the Uniform Credentialing Act.
A petition for judicial review naming the Department and the State as defendants was filed in Lancaster County District Court; summons were served within 30 days.
A question existed whether the Department was a “party of record” under § 84-917(2)(a)(i) so the district court would have jurisdiction to review the decision.
McDougle did not timely request the official record within 30 days of filing the petition, though he later sought such a record; the Department’s status was central to jurisdiction.
The district court granted the State’s dismissal based on Payne v. Nebraska Dept. of Corr. Servs., which holds that when the agency is not a party of record, a timely request for the official record is a prerequisite to jurisdiction.
The Nebraska Supreme Court held the Department acted as more than a neutral factfinding body and thus was properly a party of record, curing the jurisdictional defect and allowing review to proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Department is a party of record under § 84-917(2)(a)(i).	McDougle argues the Department is more than a neutral factfinder and thus a party of record.	Bruning argues the Department cannot be a party of record due to §§ 38-186/38-187 and its role as petition plaintiff.	Department is a party of record; jurisdiction was proper.

Payne v. Nebraska Dept. of Corr. Servs., 249 Neb. 150 (1996) (neutral-factfinding agency rule; governs when agency not party of record)
In re 2007 Appropriations of Niobrara River Waters, 283 Neb. 629 (2012) (agency as primary civil enforcement; not neutral in certain proceedings)
Becker v. Nebraska Acct. & Disclosure Comm., 249 Neb. 28 (1995) (agency as more than neutral factfinder in enforcement context)
Leach v. Dept. of Motor Vehicles, 213 Neb. 103 (1982) (DMV as more than neutral factfinder in driver-license cases)
In re Application of Metropolitan Util. Dist., 270 Neb. 494 (2005) (agency with power to issue and enforce orders; not neutral)
Beatrice Manor v. Department of Health, 219 Neb. 141 (1985) (public-interest enforcement with broader agency role)
Tlamka v. Parry, 16 Neb. App. 793 (2008) (agency with public-interest function in review context)
City of Omaha v. C.A. Howell, Inc., 20 Neb. App. 711 (2013) (LICensing regulatory agency as more than neutral)
In re Interest of Katrina R., 281 Neb. 907 (2011) (jurisdictional and procedural context in review)
Metropolitan Util. Dist. v. Aquila, Inc., 271 Neb. 454 (2006) (limited powers; distinction from enforcement agency)