A common issue when discussing jurisdiction in administrative law is whether an agency is acting within its “jurisdiction” or scope of authority. This Note does not deal with the jurisdiction of the administrative agency but rather jurisdiction for judicial review of administrative decisions. This Note first traces the history of the Metro Renovation, Inc. v. Department of Labor jurisdictional test and then will compare the Metro test with the Model Administrative Procedure Act and other states’ approaches to the jurisdiction of administrative appeals. Next, this Note will explain how the current test is unconstitutional and suggest some alternatives to the Metro test.
The Jurisdiction of Administrative Appeals in Nebraska: A One-Way Ticket, No Returns, No Transfers in Metro Renovation, Inc. v. Department of Labor, 249 Neb. 337, 543 N.W.2d 715 (1996),
76 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol76/iss1/7