reglab/housing_qa huggingface dataset:
NE Code § 84-901.01 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-901.01 - Adoption and promulgation of rules and regulations; time; failure to adopt and promulgate; explanation; contents; hearing by standing committee of the Legislature; effect of legislative changes.

84-901.01.  Adoption and promulgation of rules and regulations; time; failure to adopt and promulgate; explanation; contents; hearing by standing committee of the Legislature; effect of legislative changes.(1) When legislation is enacted requiring the adoption and promulgation of rules and regulations by an agency, such agency shall adopt and promulgate such rules and regulations within one year after the public hearing required under subsection (2) of section 84-907. Such time shall not include the time necessary for submission of the rules and regulations to the Attorney General pursuant to section 84-905.01 or submission of the rules and regulations to the Governor pursuant to section 84-908. Any agency which does not adopt and promulgate such rules and regulations as required by this section shall, upon request, submit an explanation to the Executive Board of the Legislative Council and the standing committee of the Legislature which has subject matter jurisdiction over the issue involved in the legislation, stating the reasons why it has not adopted such rules and regulations as required by this section, the date by which the agency expects to adopt such rules and regulations, and any suggested statutory changes that may enable the agency to adopt such rules and regulations.(2) If such agency has not adopted and promulgated such rules and regulations within three years after the operative or effective date of such enacting legislation, the standing committee of the Legislature which has subject matter jurisdiction over the matters included in the legislation shall hold a public hearing to determine the reason that such rules and regulations have not been enacted.(3) The changes made to the Administrative Procedure Act by Laws 2011, LB617, shall not affect the validity or effectiveness of a rule or regulation adopted prior to May 25, 2011.(4) The changes made to this section by Laws 2013, LB242, shall apply to legislation enacted before, on, or after September 6, 2013.Source  Laws 2011, LB617, § 1;  Laws 2012, LB782, § 227;  Laws 2013, LB222, § 42;  Laws 2013, LB242, § 2;  Laws 2018, LB751, § 1.
NE Code § 84-901.02 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-901.02 - Legislative findings.

84-901.02.  Legislative findings.The Legislature finds that:(1) The regulatory authority given to agencies has a significant impact on the people of the state;(2) When agencies create substantive standards by which Nebraskans are expected to abide, it is essential that those standards be adopted through the rules and regulations process to enable the public to be aware of the standards and have an opportunity to participate in the approval or repeal process;(3) Agencies should be encouraged to advise the public of current opinions, interpretations, approaches, and likely courses of action by means of guidance documents; and(4) Oversight of the regulatory authority over occupations and professions given to agencies is required to ensure respect for the fundamental right of an individual to pursue an occupation.Source  Laws 2016, LB867, § 3;  Laws 2018, LB299, § 17.
NE Code § 84-901.03 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-901.03 - Agency; guidance document; issuance; availability; notice; request to revise or repeal; response; agency publish index.

84-901.03.  Agency; guidance document; issuance; availability; notice; request to revise or repeal; response; agency publish index.(1) Upon the issuance of a guidance document, an agency shall make such document available at one public location and on the agency’s website. The agency shall also publish on its website an index summarizing the subject matter of all currently applicable rules and regulations and guidance documents. Such agency shall provide the index electronically to the Clerk of the Legislature by December 31 of each year.(2) An agency shall ensure that the first page of each guidance document includes the following notice: This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.(3) A person may request in writing that an agency revise or repeal a guidance document or convert a guidance document into a rule or regulation. No later than sixty calendar days after the agency receives such a request, the agency shall advise the requestor in writing of its decision to (a) revise or repeal the guidance document, (b) initiate a proceeding to consider a revision or repeal of a guidance document, (c) initiate the rulemaking or regulationmaking process to convert the guidance document into a rule or regulation, or (d) deny the request and state the reason for the denial.(4) All decisions made by an agency under this section shall be made available at one public location and on the agency’s website.Source  Laws 2016, LB867, § 5;  Laws 2017, LB209, § 2.
NE Code § 84-901.04 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-901.04 - Emergency rule or regulation; factors; procedure; duration; renewal; filing; publication.

84-901.04.  Emergency rule or regulation; factors; procedure; duration; renewal; filing; publication.(1) If an agency determines that the adoption, amendment, or repeal of a rule or regulation is necessitated by an emergency situation, the agency may adopt, amend, or repeal a rule or regulation upon approval of the Governor. Such agency’s request shall be submitted to the Governor in writing and include a justification as to why the emergency rule or regulation is necessary. Factors for the justification shall include:(a) Imminent peril to the public health, safety, or welfare; or(b) The unforeseen loss of federal funding for an agency program.(2) Any agency may use the emergency rule or regulation procedure as provided in this section. However, no agency shall use such procedure to avoid the consequences for failing to timely adopt and promulgate rules and regulations.(3) Rules and regulations adopted, amended, or repealed under this section shall be exempted from the notice and hearings requirements of section 84-907 and the review process required under section 84-905.01 and shall be valid upon approval of the Governor. An emergency rule or regulation shall remain in effect for a period of ninety calendar days and is renewable once for a period not to exceed ninety calendar days.(4) Any agency which adopts, amends, or repeals a rule or regulation under this section shall file such rule or regulation with the Secretary of State. The agency shall also publish such rule or regulation on the agency's website.Source Laws 2016, LB867, § 6.
NE Code § 84-902 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-902 - Agency; rules and regulations; certified copies filed with Secretary of State; manner; open to public inspection.

84-902.  Agency; rules and regulations; certified copies filed with Secretary of State; manner; open to public inspection.(1) Each agency shall file in the office of the Secretary of State a certified copy of the rules and regulations in force and effect in such agency. The Secretary of State shall keep a permanent file of all such rules and regulations. Such file shall be updated and kept current upon receipt of any rules and regulations adopted, amended, or repealed and filed with the Secretary of State as provided in the Administrative Procedure Act and shall be open to public inspection during regular business hours of his or her office. The Secretary of State, in order to maintain and keep such files current, shall be empowered to require new and amended rules and regulations to be filed as complete chapters or sections as directed by the Secretary of State.(2) Rules and regulations filed with the Secretary of State pursuant to the Administrative Procedure Act shall be filed in the manner and form prescribed by the Secretary of State including electronic filing if so directed by the Secretary of State. The Secretary of State shall issue instructions to all state agencies setting forth the format to be followed by all agencies in submitting rules and regulations to the Secretary of State. Such instructions shall provide for a uniform page size, a generally uniform and clear indexing system, and annotations including designation of enabling legislation and court or agency decisions interpreting the particular rule or regulation. For good cause shown, the Secretary of State may grant exceptions to the uniform page size requirement and the general indexing instructions for any agency.Source   Laws 1945, c. 255, § 2, p. 795;   Laws 1947, c. 350, § 2, p. 1098;   Laws 1973, LB 134, § 1;   Laws 1974, LB 604, § 1;   Laws 1976, LB 615, § 1;   Laws 1978, LB 44, § 8;   Laws 1986, LB 992, § 2;   Laws 1987, LB 253, § 2;  Laws 2004, LB 915, § 1;  Laws 2016, LB867, § 7.  Annotations  The procedural rules to be applied are those in effect at time of hearing or proceeding, not those in effect when the act or violation is charged to have taken place. Durousseau v. Nebraska State Racing Commission, 194 Neb. 288, 231 N.W.2d 566 (1975). Where penal provisions of statute are operative independently of rules, failure to file any rules does not bar prosecution. Scherer v. State, 168 Neb. 127, 95 N.W.2d 329 (1959). Rates of carriers must be filed with Secretary of State as a rule to be valid. Mogis v. Lyman-Richey Sand & Gravel Corp., 90 F.Supp. 251 (D. Neb. 1950).
NE Code § 84-903 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-903 - Agency; rules and regulations; publish.

84-903.  Agency; rules and regulations; publish.Each agency shall cause its rules and regulations to be published in such manner as the agency shall determine to bring, as far as practicable, the existence and scope of the rules and regulations to the attention of all persons affected thereby.Source   Laws 1945, c. 255, § 3, p. 795;   Laws 1987, LB 253, § 3.
NE Code § 84-905 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-905 - Agency; rules and regulations; availability required; price.

84-905.  Agency; rules and regulations; availability required; price.Each agency shall make copies of the rules and regulations in force and effect for such agency available to all interested persons on request, at a price fixed to cover costs of publication and mailing, except that any such agency may furnish the same without charge if funds are available. No rule or regulation shall be effective unless copies thereof are available for distribution by the agency to persons requesting the same.Source   Laws 1945, c. 255, § 5, p. 795;   Laws 1947, c. 350, § 4, p. 1099;   Laws 1967, c. 618, § 2, p. 2071;   Laws 1969, c. 837, § 2, p. 3161;   Laws 1973, LB 134, § 3;   Laws 1987, LB 253, § 4.
NE Code § 84-905.01 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-905.01 - Rule or regulation; review by Attorney General.

84-905.01.  Rule or regulation; review by Attorney General.A copy of each amendment or rule or regulation to be adopted under the Administrative Procedure Act, prior to the date of filing with the Secretary of State, shall be submitted to the Attorney General for his or her consideration as to the statutory authority and constitutionality of such amendment or rule or regulation and his or her approval or disapproval thereof, including a determination as to whether or not the rule or regulation submitted is substantially different from the published proposed rule or regulation. If the amendment or rule or regulation to be filed is approved as to legality by the Attorney General, he or she shall so indicate with his or her stamp of approval which shall be dated and signed.Source   Laws 1947, c. 350, § 5, p. 1099;   Laws 1969, c. 837, § 3, p. 3161;   Laws 1974, LB 604, § 3;   Laws 1986, LB 992, § 3;   Laws 1987, LB 253, § 5;   Laws 1994, LB 446, § 17.
NE Code § 84-906 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-906 - Rule or regulation; when valid; presumption; limitation of action.

84-906.  Rule or regulation; when valid; presumption; limitation of action.(1) No rule or regulation of any agency shall be valid as against any person until five days after such rule or regulation has been filed with the Secretary of State except for rules and regulations adopted, amended, or repealed pursuant to section 84-901.04. No rule or regulation required under the Administrative Procedure Act to be filed with the Secretary of State shall remain valid as against any person until the certified copy of the rule or regulation has been so filed on the date designated and in the form prescribed by the Secretary of State. The filing of any rule or regulation shall give rise to a rebuttable presumption that it was duly and legally adopted.(2) A rule or regulation adopted after August 1, 1994, shall be invalid unless adopted in substantial compliance with the provisions of the act, except that inadvertent failure to mail a notice of the proposed rule or regulation to any person shall not invalidate a rule or regulation.(3) Any action to contest the validity of a rule or regulation on the grounds of its noncompliance with any provision of the act shall be commenced within four years after the effective date of the rule or regulation.(4) The changes made to the act by Laws 1994, LB 446, shall not affect the validity or effectiveness of a rule or regulation adopted prior to August 1, 1994, or noticed for hearing prior to such date.(5) The changes made to the act by Laws 2005, LB 373, shall not affect the validity or effectiveness of a rule or regulation adopted prior to October 1, 2005, or noticed for hearing prior to such date.Source   Laws 1945, c. 255, § 6, p. 796;   Laws 1947, c. 350, § 6, p. 1100;   Laws 1973, LB 134, § 4;  Laws 1986, LB 992, § 4;   Laws 1987, LB 253, § 6;   Laws 1994, LB 446, § 18;  Laws 2005, LB 373, § 2;  Laws 2016, LB867, § 8.  Annotations  To be valid, administrative rules and regulations must be filed with the Secretary of State, and it is irrelevant whether or not an individual has actually been prejudiced by the agency's failure to do so. McAllister v. Nebraska Dept. of Corr. Servs., 253 Neb. 910, 573 N.W.2d 143 (1998). The failure of the Department of Motor Vehicles to comply with this section's requirements regarding the filing of rules with the Secretary of State is a denial of due process. Gausman v. Department of Motor Vehicles, 246 Neb. 677, 522 N.W.2d 417 (1994). Rules of State Board of Education were not effective until filed. School Dist. No. 228 v. State Board of Education, 164 Neb. 148, 82 N.W.2d 8 (1957). Due process is denied where the rules and regulations governing the administrative license revocation procedure were not on file with the Secretary of State for at least 5 days at the time of the arrest. Dannehl v. Department of Motor Vehicles, 3 Neb. App. 492, 529 N.W.2d 100 (1995). Under former law, rates of carriers not filed with Secretary of State were invalid. Mogis v. Lyman-Richey Sand & Gravel Corp., 90 F.Supp. 251 (D. Neb. 1950).
NE Code § 84-906.01 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-906.01 - Official rulemaking or regulationmaking record; agency maintain; contents.

84-906.01.  Official rulemaking or regulationmaking record; agency maintain; contents.(1) An agency shall maintain an official rulemaking or regulationmaking record for each rule or regulation it adopts or proposes by publication of a notice. The record and materials incorporated by reference shall be available for public inspection and shall be maintained for at least four years after the effective date of the rule or regulation.(2) The record shall contain:(a) Copies of all publications with respect to the rule or regulation;(b) Copies of any portions of the public rulemaking or regulationmaking docket containing entries relating to the rule or regulation;(c) All written petitions, requests, submissions, and comments received by the agency and all other written materials prepared by or for the agency in connection with the proposal or adoption of the rule or regulation;(d) Any official transcript of oral presentations made in a proceeding about the proposed rule or regulation or, if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by the hearing officer summarizing the contents of those presentations;(e) A copy of the rule or regulation and the concise explanatory statement filed with the Secretary of State;(f) All petitions for adoption of, exceptions to, amendments of, or repeal or suspension of, the rule or regulation;(g) A copy of any comments on the rule or regulation filed by a legislative committee; and(h) A description, including an estimated quantification, of the fiscal impact on state agencies, political subdivisions, and regulated persons.(3) Upon judicial review, the record required by this section shall constitute the official agency rulemaking or regulationmaking record with respect to a rule or regulation. Except as provided in section 84-907.04 or as otherwise required by law, the agency rulemaking or regulationmaking record need not constitute the exclusive basis for agency action on that rule or regulation or for judicial review thereof.Source   Laws 1994, LB 446, § 19;  Laws 2005, LB 373, § 3.
NE Code § 84-906.02 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-906.02 - Public comments; notice; agency; powers.

84-906.02.  Public comments; notice; agency; powers.In addition to seeking information by other methods and before publication of a notice under section 84-907, an agency is encouraged to and may solicit comments from the public on a subject matter of possible rule or regulation making by causing notice to be published in a newspaper of general circulation of the subject matter and indicating where, when, and how persons may comment.Source  Laws 1994, LB 446, § 20.
NE Code § 84-906.03 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-906.03 - Secretary of State; duties.

84-906.03.  Secretary of State; duties.It shall be the duty of the Secretary of State:(1) To establish and cause to be compiled, indexed by subject, and published a codification system for all rules and regulations filed to be designated the Nebraska Administrative Code;(2) To cause the Nebraska Administrative Code to be computerized to facilitate agencies in revision of their rules and regulations and provide research capabilities;(3) To post a current copy of existing rules and regulations as accepted by the Secretary of State as filed on the website of the Secretary of State; to distribute a current copy of any existing rules and regulations as accepted by the Secretary of State as filed to all interested persons on request at a price fixed to cover costs of printing, handling, and mailing; and to distribute, on a regular basis, copies of any or all modifications or amendments to agency rules and regulations as accepted by the Secretary of State as filed to all interested persons on request at a price fixed to cover costs of printing, handling, and mailing; and(4) To remit fees collected pursuant to this section to the State Treasurer for credit to the Secretary of State Cash Fund.Source   Laws 1973, LB 134, § 6;   Laws 1975, LB 267, § 1;   Laws 1980, LB 712, § 1;   Laws 1981, LB 130, § 2;   Laws 1982, LB 784, § 1;   Laws 1986, LB 992, § 5;  Laws 2016, LB867, § 9;  Laws 2020, LB910, § 36.   Operative Date: July 1, 2021
NE Code § 84-906.04 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-906.04 - Secretary of State; maintain docket for pending proceedings; contents.

84-906.04.  Secretary of State; maintain docket for pending proceedings; contents.(1) The Secretary of State shall maintain a current public rulemaking or regulationmaking docket for each pending rulemaking or regulationmaking proceeding. A rulemaking or regulationmaking proceeding is pending from the time it is commenced by publication of a notice of proposed rule or regulation making to the time it is terminated by publication of a notice of termination or the rule or regulation becoming effective.(2) For each rulemaking or regulationmaking proceeding, the docket shall indicate:(a) The subject matter of the proposed rule or regulation;(b) The time, date, and location of the public hearing regarding the proposed rule or regulation;(c) The name and address of agency personnel with whom people may communicate regarding the proposed rule or regulation;(d) Where written comments on the proposed rule or regulation may be inspected;(e) The time during which written comments may be made;(f) Where the description of the fiscal impact may be inspected and obtained;(g) The current status of the proposed rule or regulation and any agency determinations with respect thereto;(h) Any known timetable for agency decisions or other action in the proceeding;(i) The date of the rule's or regulation's adoption;(j) The date of the rule's or regulation's filing, indexing, and publication; and(k) The operative date of the rule or regulation if such date is later than the effective date prescribed in sections 84-906 and 84-911.Source   Laws 1994, LB 446, § 16;  Laws 2016, LB867, § 10.
NE Code § 84-906.05 (2021)
2021 Nebraska Revised Statutes|Chapter 84 - State Officers|84-906.05 - Rule or regulation; judicial notice.

84-906.05.  Rule or regulation; judicial notice.(1) Every court of this state may take judicial notice of any rule or regulation that is signed by the Governor and filed with the Secretary of State pursuant to section 84-906.(2) The court may inform itself of such rules and regulations in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.Source   Laws 1974, LB 604, § 5;   Laws 1986, LB 992, § 6;   Laws 1987, LB 253, § 7;  Laws 1999, LB 320, § 1.  Annotations This court will take judicial notice of general rules and regulations established and published by Nebraska state agencies under authority of law. Raben v. Dittenber, 230 Neb. 822, 434 N.W.2d 11 (1989).