reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ATHLETIC COMMISSION › Title 38 › Chapter 8 - PROFESSIONAL BARE-KNUCKLE BOXING › Section 38-8-002 - EQUIPMENT

Current through June 17, 2024
002.01 Hands shall be wrapped with gauze and
				athletic tape that ends no closer than one (1) inch from the contestant's
				knuckles. The wrap must include the wrist and may travel up to three (3) inches
				past the junction of the wrist bone.
002.02 Gauze may be applied to the wrist,
				palm of the hand, back of the hand, and thumb. The length of gauze to be
				utilized may not exceed a length of 15 feet per hand.
002.03 Tape may be applied to the wrist, palm
				of the hand, back of the hand, and thumb. The tape shall not be greater than
				one (1) inch in width and shall not exceed 10 feet in length per
				hand.
002.04 Each hand wrapping
				must be examined and approved by a Commission official.
002.05 All contestants shall wear a dental
				appliance or mouthpiece that has been individually fitted.
002.06 All contestants shall wear an
				abdominal protector or pelvic girdle, which shall protect the contestant
				against injury from a foul blow. The abdominal protector shall not cover or
				extend above the umbilicus.
002.07
				All male contestants shall also wear a protective cup in addition to the pelvic
				girdle if the pelvic girdle does not incorporate a protective cup into its
				design.
002.08 All female
				contestants shall also wear a pelvic protector if the abdominal protector or
				pelvic girdle does not incorporate a pelvic protector into its design. All
				female contestants shall also wear either a plastic breast protector or a
				sports bra.
002.09 The belt of the
				shorts shall not extend above the waistline. Shorts must be without pockets or
				openings and must be approved by a Commission official.
002.10 Contestants shall not use any
				cosmetics when competing.
002.11
				Contestant's fingernails and thumbnails shall not extend past the tip of the
				fingers and thumbs.
002.12 Ring
				shoes are required for all contestants.
Nebraska Administrative Code › Topic - ATHLETIC COMMISSION › Title 38 › Chapter 8 - PROFESSIONAL BARE-KNUCKLE BOXING › Section 38-8-004 - BOUT STOPPAGE CAUSED BY INTENTIONAL FOULS

Current through June 17, 2024
004.01 If an
				intentional foul causes an injury, and the injury is severe enough to terminate
				the bout immediately, the contestant causing the injury shall lose by
				disqualification.
004.02 If an
				intentional foul causes an injury and the bout is allowed to continue, the
				referee shall notify the authorities and deduct two (2) points from the
				contestant who caused the foul. Point deductions for intentional fouls will be
				mandatory.
004.03 If an intentional
				foul causes an injury and the bout is allowed to continue, but the injury
				results in the bout being stopped at a later time, the injured contestant shall
				win by
technical decision
if the injured contestant is ahead on
				the scorecards or the bout shall result in a
technical draw
if the
				injured contestant is behind or even on the scorecards. Partial or incomplete
				rounds shall be scored. If no action has occurred, the round shall be scored as
				an even round.
004.04 If the
				contestant injures himself while attempting to intentionally foul his opponent,
				the referee will not take any action in his favor, and this injury shall be the
				same as one produced by a fair blow.
Nebraska Administrative Code › Topic - ATHLETIC COMMISSION › Title 38 › Chapter 8 - PROFESSIONAL BARE-KNUCKLE BOXING › Section 38-8-005 - BOUT STOPPAGE CAUSED BY ACCIDENTAL FOULS

Current through June 17, 2024
005.01 If an
				accidental foul causes an injury severe enough for the referee to stop the
				bout, the bout will result in a
no decision
if stopped before
				three (3) completed rounds. Three (3) rounds are complete when the bell rings
				signifying the end of the third round.
005.02 If an accidental foul causes an injury
				severe enough for the referee to stop the bout after three (3) rounds have
				occurred, the bout will result in a
technical decision
awarded to
				the contestant who is ahead on the score cards at the time the bout is
				stopped.
005.03 A contestant who is
				hit with an accidental low blow must continue after a reasonable amount of time
				but no more than five (5) minutes, or he/she will lose the fight.
Nebraska Administrative Code › Topic - ATHLETIC COMMISSION › Title 38 › Chapter 8 - PROFESSIONAL BARE-KNUCKLE BOXING › Section 38-8-006 - WEIGH-INS AND WEIGHT REQUIREMENTS

Current through June 17, 2024
006.01 Weigh-ins
				must be completed on the day of the event or, with the approval of the
				Commissioner, may be held up to 24 hours prior to the scheduled start of the
				event.
006.02 Weigh-ins must be
				conducted in the presence of a Commission official on a scale examined and
				approved by a Commission official or otherwise supplied by the
				Commissioner.
006.03 All
				professional bare-knuckle boxing weights will be determined by and set in the
				contract between the contestants. The weight difference will not exceed five
				(5) pounds unless permission is received in writing from the
				Commissioner.
006.04 The promoter
				must assign each contestant a specific weigh-in time with not less than five
				(5) minutes between each contestant (i.e. Contestant A at 6:00pm, Contestant B
				at 6:05pm, etc.). All individual weigh-in times must also be communicated to
				the Commission in a single document (i.e. one Word document, one email, one
				spreadsheet, etc.) at least 12 hours prior to the first scheduled weigh-in. Any
				contestant who fails to appear at his or her weigh-in time may be declared
				ineligible by the Commissioner.
006.05 Not more than 160 minutes may separate
				the first scheduled contestant weigh-in from the last scheduled contestant
				weigh-in.
Nebraska Administrative Code › Topic - ATHLETIC COMMISSION › Title 38 › Chapter 9 - PROFESSIONAL KICKBOXING › Section 38-9-001 - GENERAL REQUIREMENTS

Current through June 17, 2024
001.01 All
				professional kickboxing bouts must be conducted under the supervision of the
				Commissioner.
001.02 The Unified
				Rules of Kickboxing are hereby adopted, subject to the exceptions, amendments,
				and clarifications contained in these regulations, and incorporated by
				reference as Attachment D.
001.03
				Bouts may consist of a maximum of 10 rounds of three (3) minutes each in
				duration, with a minimum of one (1) minute rest period between each round.
Neb. Rev. Stat. §§
										81-8,129,
				  81-8,130,
				  81-8,132,
				  81-8,133,
				  81-8,134,
				  81-8,138,
				  81-8,138.
Nebraska Administrative Code › Topic - ATHLETIC COMMISSION › Title 38 › Chapter 9 - PROFESSIONAL KICKBOXING › Section 38-9-002 - WEIGH-INS AND WEIGHT REQUIREMENTS

Current through June 17, 2024
002.01 Weigh-ins
				must be completed on the day of the event or may be held up to 24 hours prior
				to the scheduled start of the event with the approval of the
				Commissioner.
002.02 Weigh-ins must
				be conducted in the presence of a Commission official on a scale examined and
				approved by a Commission official or supplied by the Commissioner.
002.03 All kickboxing contestants will agree
				to compete at a stipulated weight, which will be identical for both
				contestants.
002.04 The promoter
				must assign each contestant a specific weigh-in time with not less than five
				(5) minutes between each contestant (i.e. Contestant A at 6:00pm, Contestant B
				at 6:05pm, etc.). All individual weigh-in times must also be communicated to
				the Commission in a single document (i.e. one Word document, one email, one
				spreadsheet, etc.) at least (twelve) 12 hours prior to the first scheduled
				weigh-in. Any contestant who fails to appear at his or her weigh-in time may be
				declared ineligible by the Commissioner.
002.05 Not more than 160 minutes may separate
				the first scheduled contestant weigh-in from the last scheduled contestant
				weigh-in.
002.06 A professional
				kickboxing contestant may participate in a bout if:
002.06(A) Found to be at or under the
				stipulated weight at the weigh-in;
002.06(B) Found to be not more than 1.0
				pounds over the stipulated weight at the weigh-in; or
002.06(C) The Commissioner determines the
				bout would still be fair, safe, and competitive, and the contestant weighing
				the lesser amount agrees to participate.
Nebraska Administrative Code › Topic - ATHLETIC COMMISSION › Title 38 › Chapter 9 - PROFESSIONAL KICKBOXING › Section 38-9-003 - REQUEST FOR ALTERNATIVE RULES

Current through June 17, 2024
003.01 If a
				promotion or professional kickboxing sanctioning organization desires to use
				rules specific to their organization, promotion, or kickboxing style, the
				promotion or sanctioning organization must submit a written request petitioning
				the Commissioner to adopt their rules format for the duration of one (1) event
				only. This request for alternative rules shall be submitted to the Commissioner
				no fewer than 30 days prior to the event.
003.02 The request for using alternative
				rules shall outline specific distinctions from the Unified Rules of
				Kickboxing.
003.03 Approval of the
				request for alternative rules shall be at the discretion of the Commissioner,
				whose decision shall be final and not subject to administrative or judicial
				review.
003.04 No approval under
				this section shall be interpreted as granting a permanent exemption from the
				Unified Rules of Kickboxing to the promotion or sanctioning organization and
				each event will require a separate request for alternative rules.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-001 - Application of these Model Rules

Current through June 17, 2024
Pursuant to Neb. Laws 1994, LB 446, the Attorney General
				  shall promulgate model rules of procedure appropriate for use by as many
				  agencies as possible. 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 the circumstances. Agencies may adopt regulations which vary from the
				  model rules; however, any agency adopting a rule of procedure that differs from
				  the model rule shall include in the agency's explanatory statement the reasons
				  why the relevant portions of the Attorney General's model rules are
				  impracticable under the circumstances.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-002 - Negotiated rulemaking generally

Current through June 17, 2024
The purpose of these regulations is to establish a framework
				  for the conduct of negotiated rulemaking consistent with the Administrative
				  Procedure Act and the Negotiated Rulemaking Act. The negotiated rulemaking
				  process can be used by state agencies, whenever appropriate, to resolve
				  controversial issues prior to the commencement of formal rulemaking. Negotiated
				  rulemaking is not a substitute for the requirements of the Administrative
				  Procedure Act, but may be used as a supplemental procedure to permit the direct
				  participation of affected interests in the development of new rules or the
				  amendment or repeal of existing rules. The negotiated rulemaking process also
				  does not preclude other agency efforts or processes designed to reach consensus
				  with affected or interested persons concerning the content of rules or
				  regulations. A consensus agreement on a proposed rule reached by a negotiated
				  rulemaking committee may be modified by the agency as a result of a subsequent
				  formal rulemaking process.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-004 - Establishment of a Negotiated Rulemaking Committee; criteria

Current through June 17, 2024
An agency may establish a negotiated rulemaking committee to
				  negotiate and develop a proposed rule if the agency director determines that
				  the use of the negotiated rulemaking procedure is in the public interest. In
				  making that determination, the agency director shall consider whether:
004.01 There is a need for the
				rule.
004.02 There are a limited
				number of identifiable interests that will be significantly affected by the
				rule.
004.03 There is a reasonable
				likelihood that a committee can be convened with a balanced representation of
				persons who:
004.03A Can adequately represent
				the interests identified; and
004.03B Are willing to negotiate in good
				faith to reach a consensus on the proposed rule.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-005 - Convenors; selection; duties

Current through June 17, 2024
An agency, at the discretion of the agency director, may use
				  the services of a convenor.
005.01 An
				agency may employ or contract for an organization or an individual to serve as
				a convenor, or may use the services of a state employee to act as a convenor. A
				convenor shall not have a financial or other interest that would preclude him
				or her from serving in an impartial and independent manner. An agency shall
				determine whether a person under consideration as a convenor has such an
				interest. A person disqualified under this criterion shall be dropped from
				further consideration.
005.02 The
				convenor may assist the agency in making the determination of need for a
				negotiated rulemaking process discussed in section 004 above. The convenor may
				also assist the agency in:
005.02A Identifying
				persons who will be significantly affected by a proposed rule.
005.02B Conducting discussions with affected
				persons on the issues of concern and ascertaining whether the establishment of
				a negotiated rulemaking committee is feasible and appropriate for the
				particular rulemaking.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-006 - Petitions for the use of a negotiated rulemaking committee

Current through June 17, 2024
Any person may petition an agency to request the use of a
				  negotiated rulemaking committee in the development or revision of a rule, as
				  provided below.
006.01 A negotiated
				rulemaking process may be requested on any topic appropriate for a rule or
				regulation by the agency.
006.01A A negotiated
				rulemaking process may be requested only to develop or revise rules which carry
				out statutes that are within the authority of the agency to
				implement.
006.01B A negotiated
				rulemaking process may not be requested to develop a rule or regulation to vary
				or change the specific terms of a statute.
006.01C A negotiated rulemaking process may
				not be requested to negotiate a rule on a matter which is not within the
				definition of a rule or regulation as set forth in subsection 003.11
				above.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-007 - Notice of a Negotiated Rulemaking Committee; Comment; Applications for Membership

Current through June 17, 2024
If an agency decides to go forward with the establishment of
				  a negotiated rulemaking committee, the agency shall proceed with the following
				  process.
007.01 The agency shall give
				notice to the Secretary of State, publish notice in a newspaper having general
				circulation in the state, and, as appropriate, publish notice in other
				newspapers and publications. The notice shall include:
007.01A An announcement that the agency
				intends to establish a negotiated rulemaking committee to negotiate and develop
				a proposed rule.
007.01B A
				description of the subject and scope of the rule to be developed and the issues
				to be considered.
007.01C A list of
				interests likely to be significantly affected by the proposed rule.
007.01D A list of the persons proposed to
				represent the affected interests and the agency.
007.01E A proposed schedule for completing
				the work of the committee.
007.01F
				An explanation of how a person may apply for or nominate another person for
				membership on the committee.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-008 - Establishment of a Negotiated Rulemaking Committee; Procedure

Current through June 17, 2024
After publication of notice and termination of the comment
				  and membership application period, the agency will consider the comments and
				  membership applications for a particular negotiated rulemaking committee and
				  determine whether such a committee can adequately represent the interests of
				  the persons that will be significantly affected by a proposed rule, and whether
				  such a committee is feasible and appropriate in the particular rulemaking. In
				  making the final determination as to creation of a negotiated rulemaking
				  committee, the agency may use the services of a convenor as set out in Section
				  005 above. In making the final determination as to creation of a negotiated
				  rulemaking committee, this agency and its agency director will apply the
				  criteria set out in 004 above.
008.01
				If, after such a determination, the agency decides that a negotiated rulemaking
				procedure is feasible, it shall establish a negotiated rulemaking committee as
				provided in these regulations. The committee will negotiate issues and develop
				proposed rules for use by the agency in formal rulemaking.
008.02 If, after such a determination, the
				agency decides not to establish a negotiated rulemaking committee, the agency
				shall:
008.02A Notify the persons who
				commented on, applied for membership on or nominated persons for membership on
				the particular negotiated rulemaking committee of the reasons for the decision
				not to establish such a committee.
008.02B Publish notice of the decision not to
				establish the particular negotiated rulemaking committee in a newspaper having
				general circulation in the state, and, as appropriate, in other newspapers and
				publications.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-009 - Negotiated Rulemaking Committee; membership

Current through June 17, 2024
All members of a negotiated rulemaking committee shall
				  participate in the deliberations of the committee with the same rights and
				  responsibilities as other members.
009.01 Members of a negotiated rulemaking
				committee may include:
009.01A A person
				designated by the agency to represent the agency. This person shall be
				authorized to fully represent the agency in the discussions and negotiations of
				the committee.
009.01B Persons
				selected by the agency as willing and qualified to represent the interests that
				will be significantly affected by the proposed rule.
009.01C Persons contacted and recruited by
				the negotiated rulemaking committee itself by consensus as essential to the
				success of the negotiated rulemaking process.
009.01D Persons selected by the negotiated
				rulemaking committee by consensus upon committee review of a petition for
				membership or nomination as set out in subsection 009.02 below.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-010 - Negotiated rulemaking committee; operation

Current through June 17, 2024
A negotiated rulemaking committee established under these
				  rules shall consider the matter proposed by the agency for consideration and
				  shall attempt to reach consensus concerning a proposed rule and any other
				  matter the committee determines is relevant to the proposed rule.
010.01 A negotiated rulemaking committee may
				adopt procedures or ground rules for the operation of the committee consistent
				with these rules and the pertinent Nebraska statutes.
010.02 The agency shall provide appropriate
				administrative support to a negotiated rulemaking committee including technical
				assistance and support.
010.03 The
				person representing the agency on a negotiated rulemaking committee shall
				participate in the deliberations of the committee with the same rights and
				responsibilities as other members of the committee and shall be authorized to
				fully represent the agency in the discussions and negotiations of the
				committee.
010.04 If a negotiated
				rule making committee achieves consensus on a proposed rule at the conclusion
				of the negotiations, the committee shall transmit to the agency a report
				containing the proposed rule.
010.05 If a negotiated rulemaking committee
				does not reach a consensus on the proposed rule, the committee shall transmit
				to the agency a report specifying areas in which the committee reached
				consensus and the issues that remain unresolved. The committee may include in
				the report any other information, recommendations, or materials that the
				committee considers appropriate. Any member of the committee may include as an
				addendum to the report additional information, recommendations or
				materials.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-011 - Facilitators; selection; duties

Current through June 17, 2024
A facilitator shall be selected to assist a negotiated
				  rulemaking committee with its duties.
011.01 The agency may nominate a person to
				serve as a facilitator for the negotiations of a negotiated rulemaking
				committee, subject to the approval of the committee by consensus. If the
				committee does not approve the agency's nomination for facilitator, the agency
				shall submit a substitute nomination. If the committee does not approve the
				substitute nomination of the agency for facilitator, the committee shall
				select, by consensus, a person to serve as facilitator.
011.02 The agency may employ or contract for
				an organization or an individual to serve as a facilitator for a negotiated
				rulemaking committee or the agency may use the services of a state employee to
				act as a facilitator. A person designated by the agency to represent it on a
				negotiated rulemaking committee with respect to substantive issues may not
				serve as the facilitator. A facilitator shall not have a financial or other
				interest that would preclude him or her from serving in an impartial and
				independent manner. The agency shall determine whether a person under
				consideration for facilitator has such an interest. A person disqualified under
				this criterion shall be dropped from further consideration.
011.03 A facilitator approved or selected by
				a committee shall:
011.03A Preside at the
				meetings of the committee in an impartial manner.
011.03B Impartially assist members in
				conducting discussions and negotiations and achieving consensus.
011.03C Manage the keeping of minutes and
				records.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-012 - Negotiated rulemaking committee; expenses

Current through June 17, 2024
Members of a negotiated rulemaking committee shall be
				  responsible for their own expenses of participation. However, the agency may
				  pay for a committee member's actual and necessary expenses incurred in serving
				  on the committee as provided in
Neb. Rev. Stat. §§
81-1174 through 81-1177 and a reasonable per diem rate of
				  compensation if:
012.01 The committee
				member certifies a lack of adequate financial resources to participate on the
				committee using the form at Attachment 4 which is attached to these regulations
				and made a part of them by reference; and,
012.02 The agency determines that the
				committee member's participation is necessary to assure an adequate
				representation of the interests of the members.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-013 - Grants or gifts

Current through June 17, 2024
The agency may accept grants or gifts from any source to fund
				  a negotiated rulemaking process if:
013.01 Information on the name of the person
				giving the grant or gift and the amount of the grant or gift is available to
				the public.
013.02 The grant or
				gift is given to and accepted by the agency without placing any condition on
				the membership of a committee or the outcome of the negotiated rulemaking
				process.
013.03 There is a
				consensus among the members of the negotiated rulemaking committee that the
				acceptance of the grant or gift will not diminish the integrity of the
				negotiated rulemaking process.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-014 - Negotiated rulemaking committee; termination

Current through June 17, 2024
A negotiated rulemaking committee shall terminate upon the
				  adoption of the final rule under consideration by the agency pursuant to the
				  APA, unless the agency, after consulting the committee, or the committee itself
				  specifies an earlier termination date.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-015 - Negotiated rulemaking procedure; judicial review

Current through June 17, 2024
Any action of the agency relating to establishing, assisting
				  or terminating a negotiated rulemaking committee under the Negotiated
				  Rulemaking Act shall not be subject to judicial review, except that nothing in
				  this section shall bar judicial review if such judicial review is otherwise
				  provided by law.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 2 - Petitioning for Rule Making › Section 53-2-001 - General information

Current through June 17, 2024
Application of these Model Rules
.
				  Pursuant to Neb. Laws 1994, LB 446, the Attorney General shall promulgate model
				  rules of procedure appropriate for use by as many agencies as possible. 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 the circumstances. Agencies
				  may adopt regulations which vary from the model rules; however, any agency
				  adopting a rule of procedure that differs from the model rule shall include in
				  the agency's explanatory statement the reasons why the relevant portions of the
				  Attorney General's model rules are impracticable under the
				  circumstances.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 2 - Petitioning for Rule Making › Section 53-2-002 - Rule Making Petition

Current through June 17, 2024
002.01 Petition
Any person may petition an agency requesting the
				  promulgation, amendment, or repeal of a rule or regulation.
002.02 Form
The petition shall:
002.02A Be clearly designated as a petition
				for a rules change;
002.02B In the
				case of a proposed new rule or amendment of an existing rule, shall set forth
				the desired rule in its entirety;
002.02C In the case of a petition for the
				repeal of an existing rule, such shall be stated and the rule proposed to be
				repealed shall either be setforth in full or shall be referred to by agency
				rule number;
002.02D Describe the
				reason for the rules change
002.02E
				Include an address and telephone where the petitioner can be reached during
				regular work hours; and
002.02F Be
				signed by:
002.02F(1) The petitioner or his
				or her attorney in which case the attorney shall also state his or her address
				and telephone number;
002.02F(2) A
				duly authorized officer of the petitioner, if petitioner is a corporation or
				other legal entity.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 2 - Petitioning for Rule Making › Section 53-2-003 - Petition Consideration and Disposition

Current through June 17, 2024
003.01 Within sixty
				(60) days after submission of a petition, the agency shall:
003.01A Deny the petition in writing, stating
				its reasons therefor;
003.01B
				Initiate rulemaking or regulation making proceedings in accordance with the
				Administrative Procedure Act;
003.01C If otherwise lawful, adopt a rule or
				regulation.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 2 - Petitioning for Rule Making › CERTIFICATE OF ADOPTION

Current through June 17, 2024
STATE OF NEBRASKA )
)
COUNTY OF LANCASTER
)
I, Don Stenberg, the Attorney General for the State of
				  Nebraska, hereby certify that the attached regulations, Title 53, Nebraska
				  Administrative Code, Chapter 2, Petitioning for Rule Making, are new
				  regulations, were the subject of public hearing held on July 20, 1994, after
				  notice as provided by law, and were adopted by me as Attorney General on this
				  date.
Dated this ____ day of _______________, 1994.
____________________________
Don Stenberg
Attorney General
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-001 - General Information

Current through June 17, 2024
001.01 Application
				of these Model Rules
Pursuant to Neb. Laws 1994, LB 446, the Attorney General
				  shall promulgate model rules of procedure appropriate for use by as many
				  agencies as possible. 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 the circumstances. Agencies may adopt regulations which vary from the
				  model rules; however, any agency adopting a rule of procedure that differs from
				  the model rule shall include in the agency's explanatory statement the reasons
				  why the relevant portions of the Attorney General's model rules are
				  impracticable under the circumstances.
001.02 Scope of this Chapter
This chapter pertains solely to the procedures to be used by
				  any person or entity seeking issuance of a declaratory order by an
				  agency.
001.03 Related
				Regulations
In addition to this Chapter, related regulations pertaining
				  to administrative procedures before agencies are: 53 NAC Chapter 1, Model
				  Procedures for Negotiated Rulemaking, 53 NAC Chapter 2, Petitioning for
				  Rulemaking, and 53 NAC Chapter 4, Rules of Practice and Procedure for Hearings
				  in Contested Cases Before an Agency.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-003 - Petition for Declaratory Order

Current through June 17, 2024
003.01 Generally
A request for a declaratory order must be made by a petition
				  that meets the requirements of section 003.
003.02 Who May File
Any person may petition the agency for issuance of a
				  declaratory order as to the applicability to specified circumstances of a
				  statute, rule, regulation, or order which is within the primary jurisdiction of
				  the agency.
003.03 When
				Orders Appropriate
A declaratory order may be requested on the applicability of
				  a statute, rule, regulation, or order enforced by the agency.
"Applicability" refers to the appropriateness of the relation
				  of the law to the person, property, or state of facts, or its relevance under
				  the circumstances given. It may include such questions as whether the law
				  applies at all, to whom it applies, when it applies, how it applies, or which
				  law applies. Considerations as to whether issuance of a declaratory order is
				  appropriate include:
003.03A A
				declaratory order may be requested only on the applicability of existing
				statutes and rules and regulations.
003.03B A declaratory order may be requested
				to obtain a determination of proposed conduct, not to obtain a determination of
				the effect of conduct that has already occurred.
003.03C A declaratory order is not a
				mechanism for review or appeal of a decision made by the agency in a contested
				case.
003.03D A declaratory order
				may not be requested to obtain a declaration by the agency that a statute or
				regulation is unconstitutional or that a regulation of the agency is
				invalid.
003.03E A declaratory
				order may not be issued by the agency 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.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-004 - Submission and Service of Declaratory Order Petition

Current through June 17, 2024
004.01 The original
				petition for declaratory order shall be filed with the agency director by mail
				or in person during the agency's normal business hours.
004.02 The petition shall be deemed as filed
				when it is actually received by the agency. The agency shall date stamp all
				petitions upon receipt.
004.03 At
				the same time the petition is filed with the agency, the petitioner shall serve
				a copy of the petition, by certified mail, return receipt requested, on all
				necessary parties, including all persons, political subdivisions, corporations,
				organizations, or other entities who are known to have or claim any interest,
				legal right, duty, privilege, or immunity which would be directly affected by
				issuance of a declaratory order in this matter by the agency.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-005 - Disposition of the Petition

Current through June 17, 2024
005.01 Generally
Upon the filing of a petition, the agency director may
				  consider the petition, refer the petition to an appropriate licensing or
				  governing board, or delegate the matter to a designated hearing officer, board,
				  or agency employee to consider the petition and recommend a decision to the
				  agency director. In reviewing the petition, the agency may, in its discretion,
				  do one or more of the following:
005.01A Require that additional information
				be submitted before the petition will be further considered;
005.01B Require a petitioner to provide
				notice to persons or entities who may be necessary parties and other persons
				that a request for a declaratory order has been filed with the
				agency;
005.01C Schedule a date,
				time, and location at which the petitioner and any other parties to the
				proceeding may make an oral presentation on the petition;
005.01D Consider the petition and any
				attachments without oral presentation.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-006 - Intervention in Declaratory Order Proceeding

Current through June 17, 2024
006.01 Intervention
				by any person or entity in a declaratory order proceeding shall be allowed when
				the following requirements are met:
006.01A A
				petition for intervention must be submitted in writing to the agency. Copies
				must be mailed to all parties to the proceeding.
006.01B The contents of the petition must be
				as specified in 006.02.
006.01C The
				agency must determine that the interests of justice and the orderly and prompt
				conduct of the proceedings will not be impaired by allowing the
				intervention.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-007 - Declaratory Order Proceedings

Current through June 17, 2024
007.01 Oral
				Argument, When
Oral argument shall be had only on specific order of the
				  agency. A petitioner, intervenor, necessary party, or the agency may submit a
				  motion for oral argument to the agency director. If opportunity for oral
				  argument is granted, then argument shall be scheduled to be conducted not more
				  than forty-five (45) days after filing of the petition. Petitioner and all
				  other parties or, when represented, their attorneys, shall be served by the
				  agency with a notice of the date, time, and location for oral argument. The
				  agency shall provide each of the parties with notice of the proceeding not less
				  than seven (7) days in advance of the scheduled date. Service shall be made by
				  certified mail, return receipt requested.
007.02 Oral Argument, Procedure
Oral argument will be made before a hearing officer or
				  before any representative of the agency who is authorized to render or to
				  recommend a decision to the agency. The hearing officer or agency
				  representative shall be in control of the proceeding and shall:
007.02A Identify the proceeding and introduce
				himself or herself and identify each party for the record;
007.02B Hear the oral argument of the
				petitioner, intervenor, or necessary parties;
007.02C Close the proceedings.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-008 - Issuance of Declaratory Order

Current through June 17, 2024
008.01 The agency
				shall issue its declaratory order within sixty (60) days of the date on which
				the petition was filed.
008.02 The
				declaratory order shall be in writing and shall include the following:
008.02A The names of all parties to the
				proceeding upon which the order is based;
008.02B The facts upon which the order is
				based;
008.02C The statute,
				regulation, rule, or order at issue in the matter;
008.02D The agency's conclusion as to the
				applicability of the statute, regulation, rule, or order to the
				facts;
008.02E The agency's
				conclusion as to the legal effect or result of applying the statute,
				regulation, rule, or order to the facts; and
008.02F The reasons relied upon by the agency
				to support its conclusions.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-009 - Circumstances Under Which Agency will not Issue Declaratory Orders

Current through June 17, 2024
009.01 Grounds upon
				which the agency
shall
refuse to issue a declaratory
				order include, but are not limited to, the following:
009.01A The petition requests a declaratory
				order on a matter that is outside the scope of authority of the
				agency;
009.01B The petition
				requests review or appeal of a decision made by the agency in a contested
				case;
009.01C The petition requests
				a declaratory order on the effect of past conduct;
009.01D An investigation for purposes of a
				formal adjudication, a contested case, or a petition to issue, amend, or repeal
				regulations is pending before the agency involving the petitioner on
				substantially the same or similar facts or issues raised in the
				petition;
009.01E The petition
				seeks a declaration that a statute or rule or regulation is unconstitutional or
				invalid;
009.01F The issue raised
				in the petition has been settled by a change in circumstances or other means so
				as to render moot the need for a declaratory order;
009.01G An order would substantially
				prejudice the rights of a person or entity who would be a necessary party and
				who does not consent in writing to the determination of the matter by a
				declaratory order proceeding;
009.01H An order would not resolve the
				controversy or uncertainty; or
009.01I The question posed or facts presented
				are insufficiently specific, overly broad, or are otherwise inappropriate as a
				basis upon which to decide the matter.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Section 53-3-010 - Appeal

Current through June 17, 2024
A declaratory order is subject to review in the manner
				  provided for review of contested cases by the Administrative Procedure Act,
				  Neb. Rev. Stat. §
									84-901
				  - §
									84-920.
				  Specific procedures for appeal are set forth in Neb. Rev. Stat. §
									84-917.
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › Appendix A

Current through June 17, 2024
BEFORE THE [AGENCY NAME], STATE OF NEBRASKA
In the matter of )
the application of [name] ) PETITION FOR
) DECLARATORY ORDER
)
1. Petitioner's name and address;
2. The name and address of all persons who or entities which
				  may have a specific interest in the applicability of the statute, rule,
				  regulation, or order, or who may be adversely affected by the issue sought to
				  be resolved;
3. All material facts and specific circumstances;
4. All rules of law which apply;
5. Petitioner's demand for relief;
DATED on this __ day of ____, 199_ .
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › VERIFICATION

Current through June 17, 2024
STATE OF _____ )
) ss.
COUNTY OF ____ )
__[name]__
, being first duly sworn,
				  states that he/she is the petitioner/petitioner's agent in the above entitled
				  matter; that he/she has read the foregoing
Petition For Declaratory
				  Order
; and that the allegations of fact therein are true.
________________
[Petitioner's signature]
SUBSCRIBED and sworn to before me on this ___ day of
				  ________, 199_.
NOTARY SEAL ___________________
[Notary signature]
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders › CERTIFICATE OF ADOPTION

Current through June 17, 2024
STATE OF NEBRASKA
)
)
COUNTY OF LANCASTER
)
I, Don Stenberg, the Attorney General for the State of
				  Nebraska, hereby certify that the attached regulations, Title 53, Nebraska
				  Administrative Code, Chapter 3, Model Regulations and Procedures Governing
				  Agency Declaratory Orders, are new regulations, were the subject of public
				  hearing held on July 20, 1994, after notice as provided by law, and were
				  adopted by me as Attorney General on this date.
Dated this ____ day of _______________, 1994.
____________________________
Don Stenberg
Attorney General
Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before An Agency › Section 53-4-001 - General

Current through June 17, 2024
001.01 Application
				of Model Rules
Pursuant to Neb. Laws 1994, LB 446, the Attorney General
				  shall promulgate model rules of procedure appropriate for use by as many
				  agencies as possible. 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 the circumstances. Agencies may adopt regulations which vary from the
				  model rules; however, any agency adopting a rule of procedure that differs from
				  the model rule shall include in the agency's explanatory statement the reasons
				  why the relevant portions of the Attorney General's model rules are
				  impracticable under the circumstances.
001.02 Definitions
The following definitions shall apply as used throughout
				  Chapter 4 of these rules and regulations.
001.02A
Agency
shall mean each
				board, commission, department, officer, division, or other administrative
				office or unit of the state government authorized by law to make rules and
				regulations, except the Adjutant General's office as provided in Chapter 55 of
				the Nebraska Revised Statutes, the courts including the Nebraska Workers'
				Compensation Court, the Commission of Industrial Relations, the Legislature and
				the Secretary of State with respect to the duties imposed by the Administrative
				Procedure Act.
001.02B
Contested case
shall mean a proceeding before an agency in which
				the legal rights, duties, or privileges of specific parties are required by law
				or constitutional right to be determined after an agency hearing.
001.02C
Ex parte communication
shall mean an oral or written communication which is not on the record
				in a contested case with respect to which reasonable notice to all parties was
				not given. Ex parte communication shall not include:
001.02C1 Communications which do not pertain
				to the merits of a contested case;
001.02C2 Communications required for the
				disposition of ex parte matters as authorized by law;
001.02C3 Communications in a ratemaking or
				rulemaking proceeding; and
001.02C4
				Communications to which all parties have given consent.
001.02D
Hearing officer
shall
				mean the person or persons conducting a hearing, contested case, or other
				proceeding pursuant to the Administrative Procedure Act, whether designated as
				the presiding officer, administrative law judge, or some other title
				designation.
001.02E
Party
means the person by or against whom a contested case is brought or a
				person allowed to intervene in a contested case.
001.02F
Petition
means the
				initial document filed by or with an agency that sets forth a claim and request
				for agency action.