Nebraska Administrative Code › Topic - LIBRARY COMMISSION › Title 236 - NEBRASKA LIBRARY COMMISSION › Chapter 1 - GOVERNANCE › Section 236-1-006 - Rule Changes

Current through June 17, 2024
006.01
Promulgation, Amendment or Repeal of Rule by
				Petition
.
Any interested person may petition the Commission requesting
				  the promulgation, amendment, or repeal of any rule. Such requests shall be
				  submitted in written form to the Director by certified mail. The petition shall
				  cite the rule to be amended or repealed, and shall set forth the text of the
				  rule or rules proposed for promulgation or amendment. Petitions shall be dated
				  and include the original signatures and mailing addresses of the individuals
				  presenting the petition. Petitions shall also include a statement of purpose
				  for the proposed rule or rule change. Petitions may include, as attachments,
				  additional supporting material.
Rules proposed for promulgation, amendment or repeal by
				  petition shall be considered by the Commission at its next regularly scheduled
				  meeting, provided that the petition is received not less than 5 days prior to
				  the meeting. Petitions which are not received in time to be included on the
				  Commission's agenda shall be carried to the agenda of the next scheduled
				  meeting of the Commission. Decisions of the Commission concerning proposed
				  rules or rule changes presented by petition shall be announced in writing with
				  a copy of the decision mailed to each petitioner. In the event that the
				  petitioner, or petitioners, choose to contest the decision of the Commission, a
				  hearing shall be provided at such time and place designated by the Commission.
				  The petitioner, or petitioners, shall be provided reasonable notice in writing
				  of the time and place for the hearing, and shall be provided an opportunity to
				  present testimony and evidence. An official record of the proceedings shall be
				  provided by the Commission, including the testimony and exhibits offered at the
				  hearing.
Any rule or rule changes proposed as a result of a petition
				  shall, if approved or amended by the Commission, be adopted in the same manner
				  as any other rule or rule change.
006.02
Petitions for
				Declaratory Ruling
.
On petition of any interested person, the Commission may
				  issue a declaratory ruling with respect to the applicability to any person,
				  property, or state of facts of any rule enforceable by it. A declaratory ruling
				  of the Commission, if issued after argument and stated to be binding, is
				  binding between the Commission and the petitioner on the state of facts alleged
				  unless it is altered or set aside by a court. Such a ruling shall be subject to
				  review in the manner provided by statute for the review of decisions in
				  contested cases.
Petitions for a declaratory ruling shall be delivered in
				  written form to the Director by certified mail. The petition shall be dated and
				  include the original signatures and mailing addresses of the individuals
				  presenting the petition. The petition shall include the statement of request
				  for a ruling, reasons for the request, the questions to be considered and
				  supporting evidence.
Petitions for a declaratory ruling shall be considered by the
				  Commission at its next regularly scheduled meeting, provided that the petition
				  is received not less than 5 days prior to the meeting. Petitions not received
				  in time to be included on the Commission's agenda shall be carried to the
				  agenda of the next scheduled Commission meeting. Rulings of the Commission
				  requested by petition shall be announced in writing with a copy mailed to each
				  petitioner. Petitioners shall be provided an opportunity to present testimony
				  before the Commission. Notification shall be provided concerning the date, time
				  and place for consideration of the petition for declaratory
				  ruling.