reglab/statecodes huggingface dataset:
2023 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.
2023 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rule or regulation has been filed with the Secretary of State except for rules and regulations adopted, amended, or repealed pursuant to section 84-901.04.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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-907 - Rule or regulation; adoption; amendment; repeal; hearing; notice; procedure; exemption.

84-907.
Rule or regulation; adoption; amendment; repeal; hearing; notice; procedure; exemption.
(1) Except as provided in section 84-901.04, no rule or regulation shall be adopted, amended, or repealed by any agency except after public hearing on the question of adopting, amending, or repealing such rule or regulation. Notice of such hearing shall be given at least thirty days prior thereto to the Secretary of State and by publication in a newspaper having general circulation in the state. All such hearings shall be open to the public.
(2) The public hearing on a rule or regulation that is required to be adopted, amended, or repealed based upon a legislative bill shall be held within twelve months after the effective or operative date of the legislative bill. If there is more than one applicable effective or operative date, the twelve-month period shall be calculated using the latest date. In addition to the requirements of section 84-906.01, draft copies or working copies of all rules and regulations to be adopted, amended, or repealed by any agency shall be available to the public in the office of the Secretary of State at the time of giving notice. The notice shall include: (a) A declaration of availability of such draft or work copies for public examination; (b) a short explanation of the purpose of the proposed rule or regulation or the reason for the amendment or repeal of the rule or regulation; and (c) a description, including an estimated quantification, of the fiscal impact on state agencies, political subdivisions, and persons being regulated or an explanation of where the description of the fiscal impact may be inspected and obtained. No person may challenge the validity of any rule or regulation, the adoption, amendment, or repeal of any rule or regulation, or any determination of the applicability of any rule or regulation on the basis of the explanation or description provided pursuant to subdivisions (b) and (c) of this subsection.
(3) A change to an existing rule or regulation to (a) alter the style or form of such rule or regulation, (b) correct a technical error, or (c) alter a citation or reference to make such citation or reference consistent with state or federal law but which does not affect the substance of the rule or regulation is exempt from the requirements of this section. Such change shall not alter the rights or obligations of the public.
(4) Agencies shall be exempt from promulgating security policies and procedures which, if made public, would create a substantial likelihood of endangering public safety or property.
Source
Laws 1953, c. 359, § 1, p. 1138;
Laws 1977, LB 462, § 1;
Laws 1978, LB 585, § 1;
Laws 1980, LB 846, § 1;
Laws 1986, LB 992, § 7;
Laws 1987, LB 253, § 8;
Laws 1987, LB 487, § 1;
Laws 1994, LB 446, § 21;
Laws 2005, LB 373, § 4;
Laws 2011, LB617, § 2;
Laws 2016, LB867, § 11.
Annotations
This section is in pari materia with section 84-901. City of Scottsbluff v. United Telephone Co. of the West, 171 Neb. 229, 106 N.W.2d 12 (1960).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-907.04 - Proposed rule or regulation; explanatory statement; contents; use; agency; written report; contents.

84-907.04.
Proposed rule or regulation; explanatory statement; contents; use; agency; written report; contents.
(1) At the time an agency finalizes a proposed rule or regulation and prior to submission to the Secretary of State, Attorney General, and Governor, the agency shall attach to the proposed rule or regulation a concise explanatory statement containing:
(a) Its reasons for adopting the rule or regulation;
(b) An indication of any change between the text of the proposed rule or regulation contained or referenced in the published notice and the text of the rule or regulation to be adopted, with the reasons for any change; and
(c) When procedural rules differ from the model rules, the agency's reasons why relevant portions of the model rules were impracticable under the circumstances.
(2) Only the reasons contained in the concise explanatory statement may be used by an agency as justifications for the adoption of the rule or regulation in any proceeding in which its validity is at issue.
(3) The agency shall also attach to the proposed rule or regulation a written report that includes a summary of the testimony offered at the public hearing and that lists any specific issues or questions that were presented by individuals or representatives of organizations at the hearing or in written testimony submitted as part of the public hearing process. The report shall also include a response from the agency proposing the regulatory change to the questions and issues that were presented by individuals or representatives of organizations at the hearing or in written testimony submitted as part of the public hearing process. The written report shall also be submitted to the Executive Board of the Legislative Council. The chairperson of the executive board or committee staff member of the executive board shall refer each written report received pursuant to this subsection for review (a) to the chairperson of the standing committee of the Legislature which has subject matter jurisdiction over the issue involved in the rule or regulation or which has traditionally handled the issue and (b) if practicable, to the member of the Legislature who was the primary sponsor of a legislative bill that granted the agency the rulemaking authority if the member is still serving or, if the legislative bill was amended to include the rulemaking authority, to the member of the Legislature who was the primary sponsor of the amendment that granted rulemaking authority if the member is still serving.
Source
Laws 1994, LB 446, § 22;
Laws 2014, LB719, § 1.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-907.05 - Proposed rule or regulation; substantially different from published notice; considerations; limitation on agency.

84-907.05.
Proposed rule or regulation; substantially different from published notice; considerations; limitation on agency.
(1) An agency may not adopt a rule or regulation that is substantially different from the proposed rule or regulation contained or referenced in the published notice. An agency may terminate a rulemaking or regulationmaking proceeding and commence a new rulemaking or regulationmaking proceeding for the purpose of adopting a substantially different rule or regulation.
(2) In determining whether a rule or regulation is substantially different from the proposed rule or regulation contained or referenced in the published notice, the following shall be considered:
(a) The extent to which all persons affected by the adopted rule or regulation should have had adequate notice from the published notice and the proposed rule or regulation contained or referenced in the published notice that their interests would be affected;
(b) The extent to which the subject matter of the adopted rule or regulation or the issues determined by the rule or regulation are different from the subject matter or issues involved in the proposed rule or regulation contained or referenced in the published notice; and
(c) The extent to which the effects of the adopted rule or regulation differ from the effects of the proposed rule or regulation contained or referenced in the published notice had it been adopted instead.
Source
Laws 1994, LB 446, § 23.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-907.06 - Adoption, amendment, or repeal of rule or regulation; notice to Executive Board of the Legislative Council and Secretary of State.

84-907.06.
Adoption, amendment, or repeal of rule or regulation; notice to Executive Board of the Legislative Council and Secretary of State.
Whenever an agency proposes to adopt, amend, or repeal a rule or regulation, the agency shall (1) at least thirty days before the public hearing, when notice of a proposed rule or regulation is sent out, or (2) at the same time the agency requests approval from the Governor for an emergency rule or regulation under section 84-901.04, send to the Executive Board of the Legislative Council for purposes of section 84-907.07 if applicable, to the Executive Board of the Legislative Council to be forwarded to the relevant standing committee of the Legislature for purposes of the Occupational Board Reform Act if applicable, and to the Secretary of State to be made available to the public by means which include, but are not limited to, publication on the Secretary of State’s website, if applicable, the following information: A copy of the hearing notice required by section 84-907; a draft copy of the rule or regulation; and the information provided to the Governor pursuant to section 84-907.09.
Source
Laws 1994, LB 446, § 24;
Laws 2005, LB 373, § 5;
Laws 2012, LB782, § 228;
Laws 2013, LB222, § 43;
Laws 2016, LB867, § 12;
Laws 2017, LB464, § 1;
Laws 2018, LB299, § 18.
Cross References
Occupational Board Reform Act, see section 84-933.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-907.07 - Executive Board of the Legislative Council; standing committees of the Legislature; powers and duties.

84-907.07.
Executive Board of the Legislative Council; standing committees of the Legislature; powers and duties.
The chairperson of the Executive Board of the Legislative Council or committee staff member of the board shall refer materials received pursuant to section 84-907.06 for review (1) to the chairperson of the standing committee of the Legislature which has subject matter jurisdiction over the issue involved in the rule or regulation or which has traditionally handled the issue and (2) if practicable, to the member of the Legislature who was the primary sponsor of the legislative bill that granted the agency the rulemaking authority if the member is still serving or, if the legislative bill was amended to include the rulemaking authority, to the primary sponsor of the amendment granting rulemaking authority if the member is still serving. The committee or committee chairperson of such standing committee of the Legislature having subject matter jurisdiction may submit a written or oral statement at the public hearing on the rule or regulation or, if the Governor approves an emergency rule or regulation under section 84-901.04, may submit a written statement to the agency and to the Secretary of State to be entered in the records relating to the rule or regulation.
Source
Laws 1994, LB 446, § 25;
Laws 2005, LB 373, § 6;
Laws 2016, LB867, § 13.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-907.08 - Petition to adopt a rule or regulation; form; procedure.

84-907.08.
Petition to adopt a rule or regulation; form; procedure.
Any person may petition an agency requesting the adoption of a rule or regulation. Each agency shall prescribe by rule or regulation the form of the petition and the procedure for its submission, consideration, and disposition. Within sixty days after submission of a petition, the agency shall (1) deny the petition in writing, stating its reasons therefor, (2) initiate rulemaking or regulationmaking proceedings in accordance with the Administrative Procedure Act, or (3) if otherwise lawful, adopt a rule or regulation.
Source
Laws 1994, LB 446, § 26.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-907.09 - Adoption, amendment, or repeal of rule or regulation; provide information to Governor.

84-907.09.
Adoption, amendment, or repeal of rule or regulation; provide information to Governor.
Whenever an agency proposes to adopt, amend, or repeal a rule or regulation, (1) at least thirty days before the public hearing, when notice of a proposed rule or regulation is sent out, or (2) at the same time the agency requests approval from the Governor for an emergency rule or regulation under section 84-901.04, the agency shall provide to the Governor for review (a) a description of the proposed rule or regulation and the entity or entities it will impact, (b) an explanation of the necessity of the proposed rule or regulation, including the identification of the specific legislative bill if applicable, or the authorizing statute when there is no legislative bill applicable, (c) a statement that the proposed rule or regulation is consistent with legislative intent, (d) a statement indicating whether the proposed rule or regulation is the result of a state mandate on a local governmental subdivision and if the mandate is funded, (e) a statement indicating if the proposed rule or regulation is the result of a federal mandate on state government or on a local governmental subdivision and if the mandate is funded, (f) a description, including an estimated quantification, of the fiscal impact on state agencies, political subdivisions, and regulated persons, (g) a statement that the agency will solicit public comment on the proposed rule or regulation before the public hearing, and (h) a statement indicating whether or not the agency has utilized the negotiated rulemaking process as provided for in the Negotiated Rulemaking Act with respect to the proposed rule or regulation.
Source
Laws 2005, LB 373, § 1;
Laws 2011, LB617, § 3;
Laws 2016, LB867, § 14.
Cross References
Negotiated Rulemaking Act, see section 84-921.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-908 - Rule or regulation; adoption; amendment; repeal; considerations; when effective; approval by Governor; filing.

84-908.
Rule or regulation; adoption; amendment; repeal; considerations; when effective; approval by Governor; filing.
(1) Except as provided in section 84-901.04, no adoption, amendment, or repeal of any rule or regulation shall become effective until the same has been approved by the Governor and filed with the Secretary of State after a hearing has been set on such rule or regulation pursuant to section 84-907. When determining whether to approve the adoption, amendment, or repeal of any rule or regulation relating to an issue of unique interest to a specific geographic area, the Governor's considerations shall include, but not be limited to: (a) Whether adequate notice of hearing was provided in the geographic area affected by the rule or regulation. Adequate notice shall include, but not be limited to, the availability of copies of the rule or regulation at the time notice was given pursuant to section 84-907; and (b) whether reasonable and convenient opportunity for public comment was provided for the geographic area affected by the rule or regulation. If a public hearing was not held in the affected geographic area, reasons shall be provided by the agency to the Governor. Any rule or regulation properly adopted by any agency shall be filed with the Secretary of State.
(2) Except as provided in section 84-901.04, no agency shall utilize, enforce, or attempt to enforce any rule or regulation or proposed rule or regulation unless the rule, regulation, or proposed rule or regulation has been approved by the Governor and filed with the Secretary of State after a hearing pursuant to section 84-907.
Source
Laws 1953, c. 359, § 2, p. 1138;
Laws 1972, LB 373, § 1;
Laws 1974, LB 604, § 4;
Laws 1975, LB 316, § 1;
Laws 1978, LB 44, § 10;
Laws 1986, LB 992, § 10;
Laws 1987, LB 253, § 10;
Laws 1987, LB 189, § 1;
Laws 2013, LB242, § 3;
Laws 2016, LB867, § 15.
Annotations
Rate tariffs, and any rules of interpretation thereof, are excepted from requirements of filing with Secretary of State. City of Scottsbluff v. United Telephone Co. of the West, 171 Neb. 229, 106 N.W.2d 12 (1960).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-909 - Agency; rules and regulations governing procedure; adoption.

84-909.
Agency; rules and regulations governing procedure; adoption.
In addition to other requirements imposed by law:
(1) Each agency shall adopt rules and regulations governing the formal and informal procedures prescribed or authorized by the Administrative Procedure Act. Such rules and regulations shall include rules of practice before the agency together with forms and instructions; and
(2) To assist interested persons dealing with it, each agency shall so far as deemed practicable supplement its rules and regulations with descriptive statements of its procedures.
Source
Laws 1959, c. 456, § 2, p. 1511;
Laws 1980, LB 846, § 2;
Laws 1987, LB 253, § 11;
Laws 1994, LB 446, § 33.
Annotations
Neither the Administrative Procedure Act nor the regulations of the Department of Water Resources provide for any time limits on the rights of parties to intervene either as a matter of right or permissively. Nonetheless, the department as an agency of the State of Nebraska must have sufficient latitude in its operation in matters under its jurisdiction to exercise that jurisdiction fairly. Basin Elec. Power Co-op. v. Little Blue N.R.D., 219 Neb. 372, 363 N.W.2d 500 (1985).
This section only applicable to procedures which have not been specifically covered by statute. Weiner v. State Real Estate Commission, 184 Neb. 752, 171 N.W.2d 783 (1969).
The provisions of Administrative Procedure Act may be considered with other legislation in determining whether due process of law has been afforded. School Dist. No. 8 v. State Board of Education, 176 Neb. 722, 127 N.W.2d 458 (1964).
The 1959 amendment to the act prescribing rules for administrative agencies did not contain more than one subject in violation of the Constitution. Yellow Cab Co. v. Nebraska State Railway Commission, 175 Neb. 150, 120 N.W.2d 922 (1963).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-909.01 - Model rules of procedure; Attorney General; agency; duties.

84-909.01.
Model rules of procedure; Attorney General; agency; duties.
In accordance with the rulemaking and regulationmaking requirements of the Administrative Procedure Act, the Attorney General shall prepare and promulgate model rules of procedure appropriate for use by as many agencies as possible and shall file the model rules with the Secretary of State. The model rules shall deal with all general functions and duties performed in common by several agencies. For rules of procedure adopted on or after August 1, 1994, each agency shall adopt as many of the model rules as is practicable under its circumstances. To the extent an agency adopts the model rules, it shall do so in accordance with the rulemaking and regulationmaking requirements of the act. Any agency adopting a rule of procedure that differs from the model rules shall include in the explanatory statement provided for in section 84-907.04 a finding stating the reasons why the relevant portions of the model rules were impracticable under the circumstances.
Source
Laws 1994, LB 446, § 15.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-910 - Agency; notification to Legislative Performance Audit Committee; contents; format; notice to Executive Board of the Legislative Council.

84-910.
Agency; notification to Legislative Performance Audit Committee; contents; format; notice to Executive Board of the Legislative Council.
(1) On or before July 1 of each year, each agency shall notify the Legislative Performance Audit Committee of the status of all rules and regulations pending before the agency which are required by law and which have not been adopted and promulgated. If such rules and regulations have not been adopted and promulgated within the time required pursuant to section 84-901.01, the agency shall provide an explanation to the committee stating why the agency has not adopted and promulgated such rules and regulations. If an additional appropriation was made with respect to legislation enacted to provide funding for or additional staff to implement a program for which rules and regulations are required to be adopted, the notification shall include what the funding has been used for and what functions the staff have been performing while such rules and regulations are pending. The format of the notification shall be established by the committee and shall be updated periodically.
(2) On or before July 1 of each year, each agency shall, for purposes of the Occupational Board Reform Act, notify the Executive Board of the Legislative Council of the status of all rules and regulations pending before the agency which have not been adopted and promulgated. The executive board shall forward any notification received pursuant to this subsection to the standing committee of the Legislature with jurisdiction over the rules and regulations.
Source
Laws 2011, LB617, § 4;
Laws 2012, LB782, § 229;
Laws 2013, LB222, § 44;
Laws 2018, LB299, § 19;
Laws 2018, LB751, § 2.
Cross References
Occupational Board Reform Act, see section 84-933.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-912.01 - Petition for declaratory order; issuance by agency; duties; effect.

84-912.01.
Petition for declaratory order; issuance by agency; duties; effect.
(1) Any person may petition an agency for a declaratory order as to the applicability to specified circumstances of a statute, rule, regulation, or order within the primary jurisdiction of the agency. An agency shall issue a declaratory order in response to a petition for that order unless the agency determines that issuance of the order under the circumstances would be contrary to a rule or regulation adopted in accordance with subsection (2) of this section. An agency may not issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding.
(2) Each agency shall issue rules or regulations that provide for: (a) The form, contents, and filing of petitions for declaratory orders; (b) the procedural rights of persons in relation to the petitions; (c) the disposition of the petitions; and (d) notice to necessary parties for matters set for hearing or specified proceedings. The rules or regulations shall describe the classes of circumstances in which the agency will not issue a declaratory order and be consistent with the public interest and with the general policy of the Administrative Procedure Act to facilitate and encourage agency issuance of reliable advice.
(3) Persons who qualify for intervention and file timely petitions for intervention according to agency rules and regulations may intervene in proceedings for declaratory orders.
(4) Within thirty days after receipt of a petition for a declaratory order, an agency shall, in writing:
(a) Issue an order or agree to issue a declaratory order by a specified time declaring the applicability of the statute, rule, regulation, or order in question to the specified circumstances;
(b) Set the matter for specified proceedings; or
(c) Decline to issue a declaratory order, stating the reasons for its action.
(5) A copy of all orders issued in response to a petition for a declaratory order shall be mailed promptly to the petitioner and any other parties.
(6) A declaratory order shall have the same status and binding effect as any other order issued in a contested case. A declaratory order shall contain the names of all parties to the proceeding on which it is based, the particular facts on which it is based, and the reasons for its conclusion.
(7) If an agency has not issued a declaratory order within sixty days after receipt of a petition therefor, the petition shall be deemed to have been denied.
Source
Laws 1994, LB 446, § 27.
Annotations
This section did not require a hearing before the Department of Administrative Services to decide the issues raised by the petitioners, the petition for a declaratory order did not require the department to act in a quasi-judicial manner, and the proceeding was not a contested case under the Administrative Procedure Act. Kaplan v. McClurg, 271 Neb. 101, 710 N.W.2d 96 (2006).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-912.02 - Petition for intervention; hearing officer or designee; grant petition; conditions; powers and duties; order.

84-912.02.
Petition for intervention; hearing officer or designee; grant petition; conditions; powers and duties; order.
(1) A hearing officer or designee shall grant a petition for intervention if:
(a) The petition is submitted in writing to the hearing officer or designee, with copies mailed to all parties named in the hearing officer's notice of the hearing, at least five days before the hearing;
(b) The petition states facts demonstrating that the petitioner's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law; and
(c) The hearing officer or designee determines that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.
(2) The hearing officer or designee may grant a petition for intervention at any time upon determining that the intervention sought is in the interests of justice and will not impair the orderly and prompt conduct of the proceedings.
(3) If a petitioner qualifies for intervention, the hearing officer or designee may impose conditions upon the intervenor's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Conditions may include:
(a) Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;
(b) Limiting the intervenor's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and
(c) Requiring two or more intervenors to combine their presentation of evidence and argument, cross-examination, discovery, and other participation in the proceedings.
(4) The hearing officer or designee, at least twenty-four hours before the hearing, shall issue an order granting or denying each pending petition for intervention, specifying any conditions and briefly stating the reasons for the order. The hearing officer or designee may modify the order at any time, stating the reasons for the modification. The hearing officer or designee shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.
Source
Laws 1994, LB 446, § 28.
Annotations
The Administrative Procedure Act grants agencies the power to impose conditions upon an intervenor's participation, and this action is distinct from granting or denying a petition for intervention. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).
Under the Administrative Procedure Act, an agency may modify an order imposing conditions on intervention at any time. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-912.03 - Tax Equalization and Review Commission; exemption.

84-912.03.
Tax Equalization and Review Commission; exemption.
Sections 84-912.01 and 84-913 to 84-919 do not apply to the Tax Equalization and Review Commission.
Source
Laws 1995, LB 490, § 190;
Laws 2004, LB 973, § 68.
Cross References
Tax Equalization and Review Commission Act, see section 77-5001.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-913.01 - Hearing officer; prehearing conference; procedure.

84-913.01.
Hearing officer; prehearing conference; procedure.
(1) The hearing officer designated to conduct the hearing may determine, subject to the agency's rules and regulations, whether a prehearing conference will be conducted. If the conference is conducted:
(a) The hearing officer shall promptly notify the agency of the determination that a prehearing conference will be conducted. The agency may assign another hearing officer for the prehearing conference; and
(b) The hearing officer for the prehearing conference shall set the time and place of the conference and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. The agency shall give notice to other persons entitled to notice.
(2) The notice shall include:
(a) The names and mailing addresses of all parties and other persons to whom notice is being given by the hearing officer;
(b) The name, official title, mailing address, and telephone number of any counsel or employee who has been designated to appear for the agency;
(c) The official file or other reference number, the name of the proceeding, and a general description of the subject matter;
(d) A statement of the time, place, and nature of the prehearing conference;
(e) A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held;
(f) The name, official title, mailing address, and telephone number of the hearing officer for the prehearing conference; and
(g) A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other stage of a contested case or who fails to make a good faith effort to comply with a prehearing order may be held in default under the Administrative Procedure Act.
The notice may include any other matters that the hearing officer considers desirable to expedite the proceedings.
Source
Laws 1994, LB 446, § 29.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-913.02 - Hearing officer; prehearing conference; powers and duties; orders.

84-913.02.
Hearing officer; prehearing conference; powers and duties; orders.
(1) The hearing officer shall conduct the prehearing conference, as may be appropriate, to deal with such matters as exploration of settlement possibilities, preparation of stipulations, clarification of issues, rulings on identity and limitation of the number of witnesses, objections to proffers of evidence, determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form and the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person, order of presentation of evidence and cross-examination, rulings regarding issuance of subpoenas, discovery orders, and protective orders, and such other matters as will promote the orderly and prompt conduct of the hearing. The hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference.
(2) If a prehearing conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
Source
Laws 1994, LB 446, § 30.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-913.03 - Hearing officer; prehearing conference and hearing; how conducted.

84-913.03.
Hearing officer; prehearing conference and hearing; how conducted.
The hearing officer may conduct all or part of the prehearing conference and the hearing by telephone, television, or other electronic means if each participant in the conference or hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place. This section does not apply to a prehearing conference or a hearing held under sections 60-498.01 to 60-498.04.
Source
Laws 1994, LB 446, § 31;
Laws 2003, LB 209, § 20.
Annotations
Telephonic hearings under this section are permitted when a formal "rules of evidence" hearing is requested pursuant to section 84-914(1). Kimball v. Nebraska Dept. of Motor Vehicles, 255 Neb. 430, 586 N.W.2d 439 (1998).
Whether the hearing is conducted by videoconference is permissive and discretionary. Robbins v. Neth, 15 Neb. App. 67, 722 N.W.2d 76 (2006).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-913.04 - Proceedings; limitation on participation.

84-913.04.
Proceedings; limitation on participation.
(1) A person who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection (3) of this section.
(2) A person who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in subsection (3) of this section.
(3) If all parties consent, a person who has served as, or who is subject to the authority, direction, or discretion of one who has served as, investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a hearing officer in the preparation of orders.
(4) A person who has participated in a determination of probable cause or other equivalent preliminary determination in a contested case may serve as hearing officer or assist or advise a hearing officer in the same proceeding.
(5) A person may serve as hearing officer at successive stages of the same contested case.
Source
Laws 1994, LB 446, § 32.
Annotations
The Legislature specifically barred only prosecutors, investigators, and advocates from participating as hearing officers in administrative hearings. City of Lincoln v. Central Platte NRD, 263 Neb. 141, 638 N.W.2d 839 (2002).
In this section, the Legislature has barred only prosecutors, investigators, and advocates from participating as hearing officers, or assisting hearing officers, in administrative hearings. Saunders Cty. v. Metropolitan Utilities Dist.-A, 11 Neb. App. 138, 645 N.W.2d 805 (2002).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-915.01 - Official record of contested cases; agency maintain; contents; use.

84-915.01.
Official record of contested cases; agency maintain; contents; use.
(1) An agency shall maintain an official record of each contested case under the Administrative Procedure Act for at least four years following the date of the final order.
(2) The agency record shall consist only of:
(a) Notices of all proceedings;
(b) Any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the agency pertaining to the contested case;
(c) The record of the hearing before the agency, including all exhibits and evidence introduced during such hearing, a statement of matters officially noticed by the agency during the proceeding, and all proffers of proof and objections and rulings thereon; and
(d) The final order.
(3) Except as otherwise provided by law, the physical custody of the agency record shall be maintained by the agency. The agency shall permit the parties to inspect the agency record and obtain copies of the agency record.
(4) Except as otherwise provided by law, the agency record shall constitute the exclusive basis for agency action in contested cases under the act and for judicial review thereof.
Source
Laws 1994, LB 446, § 36;
Laws 2006, LB 1115, § 41.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-916 - Act; intent.

84-916.
Act; intent.
The Administrative Procedure Act is intended to constitute an independent act establishing minimum administrative procedure for all agencies.
Source
Laws 1959, c. 456, § 10, p. 1514;
Laws 1987, LB 253, § 18.
Annotations
The purpose of this act is to establish a minimum administrative procedure. County of Lancaster v. State Board of Equalization & Assessment, 180 Neb. 497, 143 N.W.2d 885 (1966); County of Brown v. State Board of Equalization & Assessment, 180 Neb. 487, 143 N.W.2d 896 (1966); County of Blaine v. State Board of Equalization & Assessment, 180 Neb. 471, 143 N.W.2d 880 (1966).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-919 - Act; exclusive means of judicial review.

84-919.
Act; exclusive means of judicial review.
Except as otherwise provided by law, the Administrative Procedure Act establishes the exclusive means of judicial review of a final decision of any agency in a contested case.
Source
Laws 1963, c. 531, § 3, p. 1666;
Laws 1987, LB 253, § 21;
Laws 1988, LB 352, § 187.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-919.01 - Negotiated Rulemaking Act; use by agency.

84-919.01.
Negotiated Rulemaking Act; use by agency.
Prior to the formal rulemaking procedure of section 84-907, agencies may use the procedures of the Negotiated Rulemaking Act to permit the direct participation of affected persons in the development of proposed rules and regulations. Negotiated rulemaking may be used to resolve controversial issues prior to the formal rulemaking of the Administrative Procedure Act. To be effective, such proposed rules and regulations shall be adopted pursuant to the Administrative Procedure Act in the form proposed by the negotiated rulemaking committee or as amended by the agency.
Source
Laws 1994, LB 446, § 37.
Cross References
Negotiated Rulemaking Act, see section 84-921.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-920 - Act, how cited.

84-920.
Act, how cited.
Sections 84-901 to 84-920 and the Occupational Board Reform Act shall be known and may be cited as the Administrative Procedure Act.
Source
Laws 1987, LB 253, § 22;
Laws 1994, LB 446, § 38;
Laws 1995, LB 490, § 191;
Laws 2005, LB 373, § 8;
Laws 2011, LB617, § 5;
Laws 2016, LB867, § 16;
Laws 2018, LB299, § 20.
Cross References
Occupational Board Reform Act, see section 84-933.