Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 64 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 92-64-003 - Definitions

Current through June 17, 2024
For purposes of this Chapter of these model procedural
				  rules:
003.01 APA
APA
shall mean the Administrative Procedure
				  Act,
Neb. Rev. Stat. §§
84- 901 through
				  84-920 (1987, Cum. Supp. 1992, Supp. 1993).
003.02 Board
Board
shall mean the State Board of Education,
				  which is authorized by law to make rules and regulations and which is
				  promulgating these procedural rules.
003.03 Commissioner
Commissioner
shall mean the State Commissioner
				  of Education, who is the executive officer of the Board, which is promulgating
				  these procedural rules.
003.04 Consensus
Consensus
shall mean unanimous concurrence
				  among the interests represented on a negotiated rulemaking committee unless the
				  committee agrees upon another specified definition.
003.05 Convenor
Convenor
shall mean a person who impartially
				  assists the Board in determining whether establishment of a negotiated
				  rulemaking committee is feasible and appropriate for a particular rulemaking
				  procedure.
003.06
				Facilitator
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
				  decisionmaking authority.
003.07 Interest
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.
003.08 Negotiated rulemaking
Negotiated rulemaking
shall mean rulemaking
				  through the use of a negotiated rulemaking committee.
003.09 Negotiated rulemaking committee or
				committee
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.
003.10
				Person
Person
shall mean an individual, partnership,
				  limited liability company, corporation, association, governmental subdivision,
				  agency, or public or private organization of any character.
003.11 Rule or regulation
Rule
or
regulation
shall mean any
				  rule, regulation, or standard issued by the Board, 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 Department of Education not affecting
				  private rights, private interests, or procedures available to the public and
				  not including permits, certificates of public convenience and necessity,
				  franchises, rate orders and rate tariffs, and any rules of interpretation
				  thereof, 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.