Nebraska Administrative Code › Topic - ATTORNEY GENERAL › Title 53 - MODEL RULES OF AGENCY PROCEDURE › Chapter 1 - MODEL PROCEDURES FOR NEGOTIATED RULEMAKING › Section 53-1-003 - 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 Agency
Agency shall mean that board, commission, department,
				  officer, division or other administrative office or unit of state government
				  authorized by law to make rules and regulations which is promulgating these
				  procedural rules.
Agency
shall not include those entities exempted
				  in
Neb. Rev. Stat. §
84-901(1).
003.03 Agency Director
Agency Director shall mean the chief officer in charge of the
				  department, division, other administrative office or unit of state government
				  which is promulgating these procedural rules. If appropriate,
Agency
				  Director
shall mean the governing board or the commission of state
				  government 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 an
				  agency 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 an agency, 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 agency 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.