Nebraska Administrative Code › Topic - GAME AND PARKS COMMISSION › Title 163 - Nebraska Game and Parks Commission › Chapter 1 - Administration Regulations › Section 163-1-007 - Procedures For Negotiated Rulemaking

Current through June 17, 2024
These rules and regulations governing procedures for
				  negotiated rulemaking before the Game and Parks Commission are adopted under
				  authority of the Administrative Procedure Act and the Negotiated Rulemaking
				  Act, sections
				  84-901
				  through
				  84-932,
				  R.R.S. 1999. These rules and regulations are effective following enactment by
				  the Game and Parks Commission, approval by the Attorney General and Governor
				  and when five days have elapsed since filing with the Secretary of
				  State.
007.01 Negotiated Rulemaking
				Generally
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 the Commission, 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 Commission 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 Commission as a result
				  of a subsequent formal rulemaking process.
007.02 Definitions
For purposes of this Chapter of these procedural
				  rules:
007.02A APA shall mean the
				Administrative Procedure Act,
Neb. Rev. Stat,
sections
				84-901
				through
				84-920,
				R.R.S. 1999.
007.02B Agency shall
				mean the Game and Parks Commission, its Director and staff.
007.02C Commission shall mean the eight
				Commissioners as defined in 37-101, R.R.S. 2004.
007.02D Commission Director shall mean the
				secretary as defined in 37-106, R.R.S. 2004.
007.02E Consensus shall mean unanimous
				concurrence among the interests represented on a Negotiated Rulemaking
				Committee unless the committee agrees upon another specified
				definition.
007.02F Convenor shall
				mean a person who impartially assists the Commission in determining whether
				establishment of a Negotiated Rulemaking Committee is feasible and appropriate
				for a particular rulemaking procedure.
007.02G Facilitator shall mean a person who
				impartially aids in the discussion and negotiations among the members of a
				Negotiated Rulemaking Committee to develop a proposed rule. A facilitator shall
				not have decision making authority.
007.02H Interest shall mean, with respect to
				an issue or matter, multiple parties that have a similar point of view or that
				are likely to be affected in a similar manner.
007.02I Negotiated rulemaking shall mean
				rulemaking through the use of a Negotiated Rulemaking Committee.
007.02J Negotiated Rulemaking Committee or
				Committee shall mean an advisory committee established to consider and discuss
				issues for the purpose of reaching a consensus in the development of a proposed
				rule.
007.02K Person shall mean an
				individual, partnership, limited liability company, corporation, association,
				governmental subdivision, Agency, or public or private organization of any
				character.
007.02L Rule or
				regulation shall mean any rule, regulation, or standard issued by the
				Commission, including the amendment or repeal thereof whether with or without
				prior hearing and designed to implement, interpret, or make specific the law
				enforced or administered by it or governing its organization or procedure, but
				not including rules and regulations concerning the internal management of the
				Commission not affecting private rights, private interests, or procedures
				available to the public, and for the purpose of the APA, every rule and
				regulation which shall prescribe a penalty shall be presumed to have general
				applicability or to affect private rights and interests.