reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 263 - ADMINISTRATION OF NATURAL RESOURCES WATER QUALITY FUND › Chapter 1 - ADMINISTRATION OF NATURAL RESOURCES WATER QUALITY FUND › Section 263-1-002 - Distribution of Funds

Current through June 17, 2024
002.01.
Schedule for Distributing Funds.
Funds will be
				distributed, pursuant to Subsection
				002.02 to participating Districts
				on or before the 15th day of August, each year and
				at such other times during the year as the Director determines that sufficient
				additional funds are available to make a distribution and the participating
				Districts indicate their ability to use additional funds.
002.02.
Determining
				Distributions.
The money available for each distribution from the
				Fund will be divided among participating Districts as follows:
002.02(A). Except as provided by Subsection
				002.04, 60 percent of the funds
				available will be distributed to Districts on the basis of proportionate
				fertilizer sales within the Districts during the preceding three calendar years
				for which sales records by county are available from Nebraska Agricultural
				Statistics or a comparable source. For a county that is contained within more
				than one District, each District§s proportion of sales will be based upon
				its proportionate land area within the county. If sales records are not made
				available for any county, the Director will establish that county§s
				portion of the statewide sales total. That decision will be based upon the best
				available information, which may include, but not be limited to, county land
				area and sales in adjacent counties. In the event the Commission chooses to
				reserve up to 10 percent of funds available for special distribution pursuant
				to Subsection
				002.04, the amount of funds
				available for distribution pursuant to this Subsection will be decreased by the
				amount reserved.
002.02(B). 20
				percent of the funds available will be divided equally among all participating
				Districts.
002.02(C). 20 percent of
				the funds will be distributed among Districts which have (1) a designated
				ground water management area for water quality purposes or (2) a clean lakes
				watershed area designated pursuant to Section 314 of the Clean Water Act, or
				comparable federally-funded program. Each District§s distribution pursuant
				to this Subsection will be based upon the proportionate land area in that
				District which is in such a designated area compared to the total land area
				within the State in such designated areas. If specific lands are in more than
				one such designated area, they will be counted only once for purposes of this
				Subsection.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 263 - ADMINISTRATION OF NATURAL RESOURCES WATER QUALITY FUND › Chapter 1 - ADMINISTRATION OF NATURAL RESOURCES WATER QUALITY FUND › Section 263-1-003 - Qualifying Expenditures

Current through June 17, 2024
003.01.
QUALIFYING PROGRAMS AND PROJECTS.
Subject to the
				requirement of Subsection
				003.02, a participating District
				may expend funds distributed pursuant to Section 002 of these rules for costs
				incurred by that District for any of the following programs and projects:
(1) the purchase, installation, maintenance,
				and use of ground water or surface water sampling and testing equipment;
(2) education and information
				programs related to water quality issues;
(3) administration of ground water quality
				management areas;
(4) purchase,
				installation, and maintenance of special monitoring wells and related
				equipment;
(5) flow meters and
				other equipment required in ground water management areas;
(6) source water protection programs and
				activities;
(7) preparation and
				updating of ground water management plans;
(8) implementation of water quality
				§best management§practices in both rural and urban areas, including
				programs that cost-share expenses of landowners and operators in installing or
				using such practices;
(9) soil
				sampling and testing programs for soils in and below the crop root zone;
(10) water quality research;
(11) well decommissionings;
(12) chemigation permitting and
				inspection programs;
(13)
				investigations, because of water quality concerns, of potential replacement
				sources of water for public water suppliers;
(14) animal waste management activities
				including research, treatment lagoon cost-sharing, feedlot waste effluent
				management, and inactive feedlot management; and
(15) other water quality related programs and
				projects approved in advance by the Director. The Director has sole discretion
				to determine whether a District§s program qualifies for funding pursuant
				to this Subsection.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 1 - GENERAL DEFINITIONS › Section 454-1-003 - PERSON

Current through June 17, 2024
An individual, partnership, limited liability company, corporation,
											  association, district, governmental subdivision, agency, or public or private organization of any
											  character.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - THE OFFICE OF THE DEPARTMENT OF NATURAL RESOURCES › Section 454-2-001 - LOCATION

Current through June 17, 2024
The office of the Department is located in Lincoln, Nebraska at 245
											  Fallbrook Boulevard, Suite 201, on the second floor of the Fallbrook Office Building.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - THE OFFICE OF THE DEPARTMENT OF NATURAL RESOURCES › Section 454-2-002 - MAILING ADDRESS

Current through June 17, 2024
The mailing address of the Department is:
Department of Natural Resources
245 Fallbrook Blvd. Suite 201
Lincoln, Nebraska 68521
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 2 - THE OFFICE OF THE DEPARTMENT OF NATURAL RESOURCES › Section 454-2-003 - OFFICIAL HOURS

Current through June 17, 2024
The official hours of the Department are from 8:00 A.M. to 5:00 P.M.,
											  Monday through Friday, except legal holidays.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 3 - FILING REQUIREMENTS › Section 454-3-001 - METHOD

Current through June 17, 2024
Pleadings, documents, and correspondence required to be filed with the
											  Department shall be properly filed in accordance with these rules when they are:
001.01. Delivered to the office of the Department. Delivery is defined as:
001.01(A). Personal delivery by required date; or
001.01(B). Mailed to and received by the Department by the required date;
										or
001.01(C). Telefaxed to and received by the Department by the
										required date, and the original signed document filed in the Department within five days of the receipt of
										the telefax; or
001.01(D). Electronically scanned and
										electronically mailed to and received by the Department by the required date, and the original signed
										document filed in the Department within five days of the receipt of the electronic mail. Electronic filings
										shall be sent to DNR.legalfile@Nebraska.gov.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 3 - FILING REQUIREMENTS › Section 454-3-002 - FORM

Current through June 17, 2024
Pleadings filed with the Department shall be in the following
											  form:
002.01.
SIZE AND PAPER.
The pleading
										shall be made on white, letter-sized (8½ x 11 inch) paper;
002.02.
PRINT.
The pleading shall be legibly
										typewritten, photostatically reproduced, printed, or handwritten. If handwritten, the petition must be
										written in ink. Only one side of a page shall contain any writing;
002.03.
MARGINS.
The first page of the pleading
										shall have a top or bottom margin of not less than two inches for the stamp of the Department; and
002.04.
ATTACHMENT.
Any documents attached to a
										pleading shall be securely fastened to the pleading and shall meet the requirements of 002.01 and 002.02 and,
										when possible, be reproduced on 8½ x 11 inch paper or placed in an 9 x 12 inch envelope and clearly
										marked as an attachment to the petition.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-001 - NEGOTIATED RULEMAKING GENERALLY

Current through June 17, 2024
The purpose of this rule is to establish a framework for the conduct of
											  negotiated rulemaking consistent with the
Administrative Procedure Act
and the
Negotiated Rulemaking Act
, Neb. Rev. Stat
.
§§ 84-921 through
											  84-932. 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 Department efforts or processes designed to reach consensus with affected or interested persons
											  concerning the content of rules. A consensus agreement on a proposed rule reached by a negotiated rulemaking
											  committee may be modified by the Department as a result of a subsequent formal rulemaking
											  process.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-002 - DEFINITIONS

Current through June 17, 2024
For purposes of this Chapter of this procedural rule:
002.01. APA means the
Administrative Procedure Act
, Neb.
										Rev. Stat. §§ 84-901 through 84-920.
002.02. Consensus
										means unanimous concurrence among the interests represented on a negotiated rulemaking committee unless the
										committee agrees upon another specified definition.
002.03.
										Convener means a person who impartially assists the Department in determining whether establishment of a
										negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure.
002.04. Facilitator means 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 does not have decision making authority.
002.05.
										Interest means with respect to an issue or matter, that multiple parties have a similar point of view or that
										are likely to be affected in a similar manner.
002.06. Negotiated
										rulemaking means rulemaking through the use of a negotiated rulemaking committee.
002.07. Negotiated rulemaking committee or committee means an advisory
										committee established to consider and discuss issues for the purpose of reaching a consensus in the
										development of a proposed rule.
002.08. Person means an
										individual, partnership, limited liability company, corporation, association, district, governmental
										subdivision, agency, or public or private organization of any character.
002.09. Rule means any rule issued by the Department, 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 concerning the internal management of the Department not affecting private rights, private
										interests, or procedures available to the public and not including permits, and any rules of interpretation
										thereof, and for the purpose of the APA, every rule which shall prescribe a penalty shall be presumed to have
										general applicability or to affect private rights and interests.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-003 - ESTABLISHMENT OF A NEGOTIATED RULEMAKING COMMITTEE; CRITERIA

Current through June 17, 2024
The Department may establish a negotiated rulemaking committee to
											  negotiate and develop a proposed rule if the Director determines that the use of the negotiated rulemaking
											  procedure is in the public interest. In making that determination, the Director shall consider
											  whether:
003.01. There is a need for the rule;
003.02. There are a limited number of identifiable interests that may be
										significantly affected by the rule;
003.03. There is a reasonable
										likelihood that a committee can be convened with a balanced representation of persons who:
003.03(A). Can adequately represent the interests identified; and
003.03(B). Are willing to negotiate in good faith to reach a consensus on
										the proposed rule.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-004 - CONVENERS; SELECTION; DUTIES

Current through June 17, 2024
The Department, at the discretion of the Director, may use the services
											  of a convener.
004.01. The Department may employ or contract for an
										organization or an individual to serve as a convener, or may use the services of a state employee to act as a
										convener. A convener shall not have a financial or other interest that would preclude him or her from serving
										in an impartial and independent manner. The Department shall determine whether a person under consideration
										as a convener has such an interest. A person disqualified under this criterion shall be dropped from further
										consideration.
004.02. The convener may assist the Department in
										making the determination of need for a negotiated rulemaking process discussed in section 003 above. The
										convener may also assist the Department in:
004.02(A). Identifying persons
										who will be significantly affected by a proposed rule.
004.02(B).
										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 - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-005 - PETITIONS FOR THE USE OF A NEGOTIATED RULEMAKING COMMITTEE

Current through June 17, 2024
Any person may petition the Department to request the use of a negotiated
											  rulemaking committee in the development or revision of a rule, as provided below.
005.01. A negotiated rulemaking process may be requested on any topic
										appropriate for a rule by the Department.
005.01(A). A negotiated rulemaking
										process may be requested only to develop or revise rules which carry out statutes that are within the
										authority of the Department to implement.
005.01(B). A negotiated
										rulemaking process may not be requested to develop a rule to vary or change the specific terms of a
										statute.
005.01(C). A negotiated rulemaking process may not be
										requested to negotiate a rule on a matter which is not within the definition of a rule as set forth
										herein.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-006 - NOTICE OF A NEGOTIATED RULEMAKING COMMITTEE; COMMENT; APPLICATIONS FOR MEMBERSHIP

Current through June 17, 2024
If the Director decides to go forward with the establishment of a
											  negotiated rulemaking committee, the Department shall proceed with the following process.
006.01. The Department 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:
006.01(A). An
										announcement that the Department intends to establish a negotiated rulemaking committee to negotiate and
										develop a proposed rule;
006.01(B). A description of the subject
										and scope of the rule to be developed and the issues to be considered;
006.01(C). A list of interests likely to be significantly affected by the
										proposed rule;
006.01(D). A list of the persons proposed to
										represent the affected interests and the Department;
006.01(E). A
										proposed schedule for completing the work of the committee; and
006.01(F). An explanation of how a person may apply for or nominate another
										person for membership on the committee.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-007 - 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 Department 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 Department may use the services of a convener as set out in Section 004
											  above. In making the final determination as to creation of a negotiated rulemaking committee, the Department
											  and the Director will apply the criteria set out in 003 above.
007.01. If, after such a determination, the Department decides that a
										negotiated rulemaking procedure is feasible, it shall establish a negotiated rulemaking committee as provided
										in this rule. The committee will negotiate issues and develop proposed rules for use by the Department in
										formal rulemaking.
007.02. If, after such a determination, the
										Department decides not to establish a negotiated rulemaking committee, the Director shall:
007.02(A). 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.
007.02(B). 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 - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-008 - 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.
008.01. Members of a negotiated rulemaking committee may include:
008.01(A). A person designated by the Director to represent the Department.
										This person shall be authorized to fully represent the Department in the discussions and negotiations of the
										committee;
008.01(B). Persons selected by the Department as
										willing and qualified to represent the interests that will be significantly affected by the proposed
										rule;
008.01(C). Persons contacted and recruited by the
										negotiated rulemaking committee itself by consensus as essential to the success of the negotiated rulemaking
										process; and
008.01(D). Persons selected by the negotiated
										rulemaking committee by consensus upon committee review of a petition for membership or nomination as set out
										in subsection 008.02 below.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-009 - NEGOTIATED RULEMAKING COMMITTEE; OPERATION

Current through June 17, 2024
A negotiated rulemaking committee established under these rules shall
											  consider the matter proposed by the Department 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.
009.01. 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.
009.02. The Department shall provide appropriate
										administrative support to a negotiated rulemaking committee including technical assistance and
										support.
009.03. The person representing the Department 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
										Department in the discussions and negotiations of the committee.
009.04. If a negotiated rulemaking committee achieves consensus on a
										proposed rule at the conclusion of the negotiations, the committee shall transmit to the Department a report
										containing the proposed rule.
009.05. If a negotiated rulemaking
										committee does not reach a consensus on the proposed rule, the committee shall transmit to the Department 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 - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-010 - FACILITATORS; SELECTION; DUTIES

Current through June 17, 2024
A facilitator shall be selected to assist a negotiated rulemaking
											  committee with its duties.
010.01. The Department 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 Department's nomination for
										facilitator, the Department shall submit a substitute nomination. If the committee does not approve the
										substitute nomination of the Department for facilitator, the committee shall select, by consensus, a person
										to serve as facilitator.
010.02. The Department may employ or
										contract for an organization or an individual to serve as a facilitator for a negotiated rulemaking committee
										or the Department may use the services of a state employee to act as a facilitator. A person designated by
										the Department 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 Department 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.
010.03. A
										facilitator approved or selected by a committee shall:
010.03(A). Preside
										at the meetings of the committee in an impartial manner;
010.03(B). Impartially assist members in conducting discussions and
										negotiations and achieving consensus; and
010.03(C). Manage the
										keeping of minutes and records.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-011 - 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 Department 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, as amended, and a reasonable per diem rate of compensation if:
011.01. The committee member certifies a lack of adequate financial
										resources to participate on the committee using the form at Attachment 6 which is attached to this rule and
										made a part of it by reference; and,
011.02. The Department
										determines that the committee member's participation is necessary to assure an adequate representation of the
										interests of the members.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-012 - GRANTS OR GIFTS

Current through June 17, 2024
The Department may accept grants or gifts from any source to fund a
											  negotiated rulemaking process if:
012.01. 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;
012.02. The grant or gift is given to and accepted by the Department
										without placing any condition on the membership of a committee or the outcome of the negotiated rulemaking
										process; and
012.03. 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 - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-013 - 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 Department pursuant to the APA, unless the Department, after
											  consulting the committee, or the committee itself specifies an earlier termination date.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 4 - NEGOTIATED RULEMAKING › Section 454-4-014 - NEGOTIATED RULEMAKING PROCEDURE; JUDICIAL REVIEW

Current through June 17, 2024
Any action of the Department 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 - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PETITIONING FOR RULEMAKING › Section 454-5-001 - RULEMAKING PETITION

Current through June 17, 2024
001.01.
PETITION.
Any person may petition the Department requesting the promulgation,
										amendment, or repeal of a rule.
001.02.
FORM.
The petition shall:
001.02(A). Be clearly
										designated as a petition for a rules change;
001.02(B). In the
										case of a proposed new rule or amendment of an existing rule, set forth the desired rule in its
										entirety;
001.02(C). In the case of a petition for the repeal of
										an existing rule, state such purpose and either set forth the rule to be repealed in full or refer to it by
										Department rule number;
001.02(D). Describe the reason for the
										rules change;
001.02(E). Include an address and telephone where
										the petitioner can be reached during regular work hours; and
001.02(F). Be signed by:
001.02(F)(i).
										The petitioner or his or her attorney in which case the attorney shall also state his or her address and
										telephone number; or
001.02(F)(ii). A duly authorized officer of
										the petitioner, if petitioner is a corporation or other legal entity.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PETITIONING FOR RULEMAKING › Section 454-5-002 - PETITION CONSIDERATION AND DISPOSITION

Current through June 17, 2024
002.01. Within sixty (60) days after submission of a petition, the
										Department shall:
002.01(A). Deny the petition in writing, stating its
										reasons therefor; or
002.01(B). Initiate rulemaking proceedings
										in accordance with the
Administrative Procedure Act
.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-001 - GENERAL INFORMATION

Current through June 17, 2024
001.01 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 the Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-002 - DEFINITIONS

Current through June 17, 2024
As used in this chapter:
002.01.
										Argument means the oral statement of the petitioner or any other party which explains his or her view of the
										facts and issue to be decided, the law applicable to the question presented, and the reasoning that connects
										the facts and law;
002.02. Contested case means a proceeding
										before the Department in which the legal rights, duties, or privileges of specific parties are required by
										law or constitutional right to be determined after hearing before the Department;
002.03. Declaratory order proceeding means a proceeding initiated by a
										petitioner seeking issuance of a binding order by the Department regarding the applicability of specified
										circumstances to a statute, rule, or order within the primary jurisdiction of the Department;
002.04. Hearing officer means the person or persons conducting a
										declaratory order proceeding pursuant to the
Administrative Procedure Act
, whether
										designated as the presiding officer, administrative law judge, or some other title;
002.05. Intervenor(s) means person(s), political subdivision(s),
										corporation(s), organization(s), or other entity (entities) who have or claim to have any interest, legal
										right, duty, privilege, or immunity, which would be directly affected by the Department's issuance of a
										binding declaratory order;
002.06. Necessary party means a person
										who or an entity which has a specific interest in the applicability of the statute, rule, or order, as
										distinguished from a general interest such as may be the concern of the public at large. A necessary party is
										one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be
										resolved;
002.07. Parties means persons, political subdivisions,
										corporations, organizations, or other entities subject to the jurisdiction of the Department who are involved
										in a declaratory order proceeding according to the procedures set forth in this chapter;
002.08. Petition means the document filed in accordance with section 003 of
										this chapter to initiate a declaratory order proceeding;
002.09.
										Petitioner(s) means a party or parties who have filed a petition with the Department seeking issuance of a
										declaratory order; and
002.10. Pleading means any written
										petition, answer, or motion used in any declaratory order proceeding before the agency as set forth in this
										chapter.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-003 - 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 this section.
003.02.
WHO MAY FILE.
Any person may petition the
										Department for issuance of a declaratory order regarding the applicability to specified circumstances of a
										statute, rule, or order which is within the primary jurisdiction of the Department.
003.03.
WHEN ORDERS APPROPRIATE.
A declaratory
										order may be requested on the applicability of a statute, rule, or order enforced by the Department.
										"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:
003.03(A). A declaratory order may be requested only on the applicability
										of existing statutes and rules;
003.03(B). 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;
003.03(C). A declaratory
										order is not a mechanism for review or appeal of a decision made by the Department in a contested
										case;
003.03(D). A declaratory order may not be requested to
										obtain a declaration by the Department that a statute or rule is unconstitutional or that a rule of the
										Department is invalid; and
003.03(E). A declaratory order may not
										be issued by the Department 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 - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-004 - SUBMISSION AND SERVICE OF DECLARATORY ORDER PETITION

Current through June 17, 2024
004.01. At the same time the petition is filed with the Department, 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 Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-005 - DISPOSITION OF THE PETITION

Current through June 17, 2024
005.01.
GENERALLY.
Upon the filing of a petition,
										the Director may consider the petition, or delegate the matter to a designated hearing officer, or Department
										employee to consider the petition and recommend a decision to the Director. In reviewing the petition, the
										Director may, in his/her discretion, do one or more of the following:
005.01(A). Require that additional information be submitted before the
										petition will be further considered;
005.01(B). 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 Department;
005.01(C). 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;
005.01(D). Consider the petition and any attachments without oral
										presentation.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-006 - 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:
006.01(A). A petition for intervention must be submitted in writing to the
										Department. Copies must be mailed to all parties to the proceeding;
006.01(B). The contents of the petition must be as specified in 006.02;
										and
006.01(C). The Director determines 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 - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-007 - DECLARATORY ORDER PROCEEDINGS

Current through June 17, 2024
007.01.
ORAL ARGUMENT, WHEN.
Oral argument shall
										be had only on specific order of the Department. A petitioner, intervenor, necessary party, or the Department
										may submit a motion for oral argument to the Director, hearing officer, or appointed Department employee. 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 Director or the Director's designee with a notice of the date, time,
										and location for oral argument. The Director or the Director's designee 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 Department who is authorized to render or to recommend a decision to the
										Director. The hearing officer or Department representative shall be in control of the proceeding and shall:
007.02(A). Identify the proceeding and introduce himself or herself and
										identify each party for the record;
007.02(B). Hear the oral
										argument of the petitioner, intervenor, or necessary parties;
007.02(C). Close the proceedings.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-008 - ISSUANCE OF DECLARATORY ORDER

Current through June 17, 2024
008.01. The Director shall issue its declaratory order within sixty (60)
										days of the date on which the petition was filed unless otherwise provided for in section 005 of this
										chapter.
008.02. The declaratory order shall be in writing and
										shall include the following:
008.02(A). The names of all parties to the
										proceeding;
008.02(B). The facts upon which the order is
										based;
008.02(C). The statute, rule, or order at issue in the
										matter;
008.02(D). The Director's conclusion as to the
										applicability of the statute, rule, or order to the facts;
008.02(E). The Director's conclusion as to the legal effect or result of
										applying the statute, rule, or order to the facts; and
008.02(F).
										The reasons relied upon by the Director to support his/her conclusions.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-009 - CIRCUMSTANCES UNDER WHICH DIRECTOR WILL NOT ISSUE DECLARATORY ORDERS

Current through June 17, 2024
009.01. Grounds upon which the Director shall
										refuse to issue a declaratory order include, but are not limited to, the following:
009.01(A). The petition requests a declaratory order on a matter that is
										outside the scope of authority of the Department;
009.01(B). The
										petition requests review or appeal of a decision made by the Department in a contested case;
009.01(C). The petition requests a declaratory order on the effect of past
										conduct;
009.01(D). An investigation for purposes of a formal
										adjudication, a contested case, or a petition to issue, amend, or repeal a rule is pending before the
										Department involving the petitioner on substantially the same or similar facts or issues raised in the
										petition;
009.01(E). The petition seeks a declaration that a
										statute or rule is unconstitutional or invalid;
009.01(F). 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;
009.01(G). 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;
009.01(H). An order would not resolve the controversy or uncertainty;
										or
009.01(I). 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 - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 6 - DECLARATORY ORDERS › Section 454-6-010 - APPEAL

Current through June 17, 2024
010.01.
										Orders pertaining to water rights for irrigation, power, or other useful purposes. Any party or parties
										dissatisfied with the decision made in a declaratory order regarding water rights for irrigation, power, or
										other useful purposes may appeal to the Court of Appeals to reverse, vacate, or modify the order complained
										of. The procedure to obtain such reversal, vacation, or modification shall be governed by the same provisions
										in force with reference to appeals and error proceedings from the district court.
010.02. All other matters. All declaratory orders issued by the Department
										except for those described in 454
Neb. Admin. Code
chapter 6 § 010.01 are subject to
										review in the same manner provided for review of contested cases by the
Administrative Procedure
										Act
, §§ 84-901 to 84-920. Specific procedures for appeal are set forth in Neb. Rev. Stat.
										§ 84-917.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-001 - DEFINITIONS

Current through June 17, 2024
The following definitions shall apply as used throughout chapter 7 of
											  these rules.
001.01. Adjudicative and show cause proceedings
										include, but are not limited to, the following:
001.01(A). Actions taken by
										the Department under the provisions of Neb. Rev. Stat. §§ 46-229 to 46-229.06 to modify or cancel a
										surface water appropriation;
001.01(B). Administration of surface
										water appropriator taking more water than can be beneficially used, Neb. Rev. Stat. § 46-231;
001.01(C). Cases before the Department to determine whether applications or
										petitions should be approved;
001.01(D). Administration of water
										appropriations of an irrigation ditch or canal because owners do not maintain the embankments so as to
										prevent waste as described under Neb. Rev. Stat. § 46-265;
001.01(E). Actions taken by the Department to modify or revoke a Municipal
										and Rural Domestic Ground Water Transfers Permit under the provisions of Neb. Rev. Stat. §
										46-644;
001.01(F). Cases before the Department under the
										provisions of Neb. Rev. Stat. § 46-684(1) to revoke or modify an Industrial Ground Water Transfer
										Permit;
001.01(G). Actions taken by the Department under the
										provisions of Neb. Rev. Stat. § 46 -684(2) to determine whether violations have occurred relative to an
										Industrial Ground Water Transfer Permit;
001.01(H). Actions taken
										by the Department to revoke an approval to operate a dam under the provisions of Neb. Rev. Stat. §
										46-1660(3);
001.01(I). Actions taken by the Department under the
										provisions of Neb. Rev. Stat. §§ 46-1650 and 46-1667(1) to determine whether a person is violating
										the Safety of Dams and Reservoirs Act;
001.01(J). Actions taken
										by the Department under the provisions of Neb. Rev. Stat. §§ 46-1650 and 46-1667(2) relative to the
										construction, reconstruction, enlargement, alteration, breaching, removal, or abandonment of a dam without
										having first obtained the required approval;
001.01(K). Actions
										taken by the Department under the provisions of Neb. Rev. Stat. § 46-1670(3) requiring a person to file
										an application for approval of an existing dam; and,
001.01(L).
										Actions taken by the Department under the provisions of Neb. Rev. Stat. § 46-1670(6) to stop impoundment
										when the Department finds an existing dam is not safe to impound.