McAllister v. Nebraska Department of Correctional Services

Appellant, Thomas McAllister, an employee of appellee the Nebraska Department of Correctional Services (Department), was terminated pursuant to Department administrative regulation No. 112.6, Employee Discipline, rule C-V006 - Conduct Inappropriate for a State Employee. McAllister contends that his termination did not comport with due process. Specifically, McAllister asserts that regulation No. 112.6 prescribes a penalty and therefore is a “rule or regulation” within the meaning of the Administrative Procedure Act (APA), which requires that such rules or regulations must be filed with the…