85-1418 Program or capital construction project; state funds; restrictions on use; district court of Lancaster County; jurisdiction; appeals; procedure.
85-1418. Program orcapital construction project; state funds; restrictions on use; district courtof Lancaster County; jurisdiction; appeals; procedure.(1)No state warrant shall be issued by the Department of Administrative Servicesor used by any public institution for the purpose of funding any program orcapital construction project which has not been approved or which has beendisapproved by the commission pursuant to the Coordinating Commission forPostsecondary Education Act. If state funding for any such program or projectcannot be or is not divided into warrants separate from other programs orprojects, the department shall reduce a warrant to the public institutionwhich includes funding for the program or project by the amount of tax fundsdesignated by the Legislature which are budgeted in that fiscal year by thepublic institution for use for the program or project.(2) The department may reduce the amount of state aid distributedto a community college area pursuant to the Community College Foundation andEqualization Aid Act or forfiscal year 2010-11, pursuant to section 90-517, by the amountof funds used by the area to provide a program or capital construction projectwhich has not been approved or which has been disapproved by the commission.(3) The district court of Lancaster County shall have jurisdictionto enforce an order or decision of the commission entered pursuant to theCoordinating Commission for Postsecondary Education Act and to enforce thissection.(4) Any person or public institution aggrieved by a finalorder of the commission entered pursuant to section 85-1413, 85-1414, 85-1415,or 85-1416 shall be entitled to judicial review of the order. Proceedingsfor review shall be instituted by filing a petition in the district courtof Lancaster County within thirty days after public notice of the final decisionby the commission is given. The filing of the petition or the service of summonsupon the commission shall not stay enforcement of such order. The review shallbe conducted by the court without a jury on the record of the commission.The court shall have jurisdiction to enjoin enforcement of any order of thecommission which is (a) in violation of constitutional provisions, (b) inexcess of the constitutional or statutory authority of the commission, (c)made upon unlawful procedure, or (d) affected by other error of law.(5) A party may secure a review of any final judgment ofthe district court by appeal to the Court of Appeals. Such appeal shall betaken in the manner provided by law for appeals in civil cases and shall beheard de novo on the record. SourceLaws 1991, LB 663, § 21; Laws 1992, LB 360, § 40; Laws 1993, LB 239, § 22; Laws 2007, LB342, § 39; Laws 2010, LB1072, § 5.Effective Date: April 15, 2010 Cross ReferencesCommunity College Foundation and Equalization Aid Act, see section 85-2201.