reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 14 - Practice and Procedure for Hearings in Contested Cases › Section 51-14-004 - Commencement of a contested case

Current through June 17, 2024
004.01 The contested case begins either with
				the filing of a petition and request for hearing, or the denial of an
				application and request for hearing, with the Board. The petition is the
				initial document filed by or with the Board that sets forth a claim and request
				for Board action. No petition needs to be filed in the case of a hearing on an
				application for a barber school, shop, booth rental permit, individual license
				or registration, or other approval the Board is authorized to grant. The
				application and request for hearing by the applicant shall take the place of a
				petition.
004.02 The parties to a
				contested case shall be the petitioner or person by whom a contested case is
				brought and the respondent or person against whom a contested case is
				brought.
004.03 A party may appear
				on his or her own behalf in a contested case proceeding or may be represented
				by an attorney or other representative as permitted by law. In all actions
				involving the suspension or revocation of a license or permit, the Board may
				request the Attorney General to file the petition or, at the discretion of the
				Board, the petition may be filed by the Director. The Board may also request
				that the Attorney General take part in proceedings involving applications for a
				license, permit or other approval the Board is authorized to grant.
004.04 The pleadings in a contested case may
				include a petition, the application, answer, reply, notice, motion,
				stipulation, objection or order or other formal written document filed in a
				proceeding before the Board. Other than an application, any pleading filed in a
				contested case shall meet the following requirements:
004.04A. The pleading shall contain a heading
				specifying the name of the Board and the title or nature of the pleading, shall
				state material factual allegations and state concisely the action the Board is
				being requested to take, shall contain the name and address of the petitioner,
				and shall be signed by the party filing the pleading, or when represented by an
				attorney, the signature of that attorney.
004.04A1. Attorneys shall also include their
				address, telephone number and bar number.
004.04A2. The initial petition shall also
				contain the name and address of the respondent.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 14 - Practice and Procedure for Hearings in Contested Cases › Section 51-14-005 - Hearing officer; criteria

Current through June 17, 2024
005.01 The Board may be authorized by law to
				delegate to a hearing officer other than the agency head or governing board the
				functions of conducting a prehearing conference and/or a hearing and submitting
				a recommended decision to the Board.
005.02 A person who has served as
				investigator, prosecutor, or advocate in a contested case or in its prehearing
				stage may not serve as hearing officer or assist or advise a hearing officer in
				the same proceeding except as provided in subsection 005.04.
005.03 A person who is subject to the
				authority, direction, or discretion of one who has served as investigator,
				prosecutor, or advocate in a contested case or in its prehearing stage may not
				serve as hearing officer or advise a hearing officer in the same proceeding
				except as provided in subsection 005.04.
005.04 If all parties consent, a person who
				has served as, or who is subject to the authority, direction, or discretion of
				one who has served as investigator, prosecutor, or advocate in a contested case
				or in its prehearing stage may assist a hearing officer in the preparation of
				orders.
005.05 A person who has
				participated in a determination of probable cause or other equivalent
				preliminary determination in a contested case may serve as hearing officer or
				assist or advise a hearing officer in the same proceeding.
005.06 A person may serve as hearing officer
				at successive stages of the same contested case.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 14 - Practice and Procedure for Hearings in Contested Cases › Section 51-14-006 - Prehearing Procedures

Current through June 17, 2024
006.01 Prehearing conferences and orders
A hearing officer designated to conduct a hearing may
				  determine, subject to the Board's rules and regulations, whether a prehearing
				  conference will be conducted. If a prehearing conference is not held, a hearing
				  officer for the hearing may issue a prehearing order, based on the pleadings,
				  to regulate the conduct of the proceedings.
006.01A. If a prehearing conference is
				conducted:
006.01A1. The hearing officer
				shall promptly notify the Board of the determination that a prehearing
				conference will be conducted. The Board may assign another hearing officer for
				the prehearing conference; and
006.01A2. The hearing officer for the
				prehearing conference shall set the time and place of the conference and give
				reasonable written notice to all parties and to all persons who have filed
				written petitions to intervene in the matter. The Board shall give notice to
				other persons entitled to notice.
006.01A3. The notice referred to in
				subsection 006.01A 2 shall include the following: telephone number of the
				hearing officer for the prehearing conference;
006.01A3(a). The names and mailing addresses
				of all parties and other persons to whom notice is being given by the hearing
				officer;
006.01A3(b). The name,
				official title, mailing address, and telephone number of any counsel or
				employee who has been designated to appear for the Board;
006.01A3(c). The official file or other
				reference number, the name of the proceeding, and a general description of the
				subject matter;
006.01A3(d). A
				statement of the time, place, and nature of the prehearing
				conference;
006.01A3(e). A
				statement of the legal authority and jurisdiction under which the prehearing
				conference and the hearing are to be held;
006.01A3(f). The name, official title,
				mailing address, and telephone number of the hearing officer for the prehearing
				conference;
006.01A3(g). A
				statement that a party who fails to attend or participate in a prehearing
				conference, hearing, or other stage of a contested case or who fails to make a
				good faith effort to comply with a prehearing order may be held in default
				under the Administrative Procedure Act; and
006.01A3(h). Any other matters that the
				hearing officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 14 - Practice and Procedure for Hearings in Contested Cases › Section 51-14-007 - Conducting a contested case hearing

Current through June 17, 2024
007.01 Order
At the discretion of the hearing officer, the hearing may be
				  conducted in the following order:
007.01A. The hearing is called to order by
				the hearing officer. Any preliminary motions, stipulations or agreed orders are
				entertained.
007.01B. Each party
				may be permitted to make an opening statement. Opening statements take place in
				the same order as the presentation of evidence.
007.01C.
Presentation of
				evidence.
007.01C1. Evidence will be
				received in the following order:
007.01C1(a)
				. Evidence is presented by the petitioner;
007.01C1(b) . Evidence is presented by the
				respondent;
007.01C1(c) . Rebuttal
				evidence is presented by the petitioner; and
007.01C1(d) . Surrebuttal evidence is
				presented by the respondent.
007.01C2. With regard to each witness who
				testifies, the following examination may be conducted:
007.01C2(a) . Direct examination conducted by
				the party who calls the witness;
007.01C2(b) . Cross-examination by the
				opposing party;
007.01C2(c) .
				Redirect examination by the party who called the witness; and
007.01C2(d) . Recross-examination by the
				opposing party.
007.01D. After the evidence is presented,
				each party may have opportunity to make a closing argument. Closing arguments
				shall be made in the same order as the presentation of evidence. The hearing
				officer may request that the parties submit briefs in lieu of closing
				arguments.
007.01E. The hearing
				officer may continue a hearing from day to day or adjourn it to a later date by
				announcement at the hearing or by appropriate notice to all parties.
007.01F. To maintain decorum of the
				proceedings, the hearing officer may exclude from the hearing room or from
				further participation in the proceedings, any person, other than a party, who
				engages in improper conduct at the hearing.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 14 - Practice and Procedure for Hearings in Contested Cases › Section 51-14-008 - Decision and order in a contested case

Current through June 17, 2024
008.01 Every decision and order adverse to a
				party to the proceeding, rendered by the Board in a contested case, shall be in
				writing or stated in the record and shall be accompanied by findings of fact
				and conclusions of law.
008.01A
Hearing
				Officer Recommendations
. The hearing officer shall issue recommended
				findings of fact and conclusions of law and proposed order and shall file them
				with the Board, together with the transcript of hearing and record of the
				hearing. A copy of the recommendations of the hearing officer shall be served
				on all parties.
008.01B
Board
				Review.
The Board shall review the recommendations of the hearing
				officer and may adopt the recommendations or modify them in whole or in part in
				rendering its decision and order. The Board may use a telephone conference call
				to meet to render a decision. (See Op. Neb. Att'y Gen. No. 99046 (November 15,
				1999).
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 14 - Practice and Procedure for Hearings in Contested Cases › Section 51-14-009 - Appeals

Current through June 17, 2024
009.01 Any person aggrieved by a final
				decision in a contested case is entitled to judicial review under the
				Administrative Procedure Act or to resort to such other means of review as may
				be provided by law.
009.02 Parties
				desiring to appeal a Board decision must file a petition for review in the
				district court of the county where the Board action is taken within thirty days
				after the service of the final decision by the Board. The thirty day period for
				appeal commences to run from the date of mailing of the notice of order and
				decision to the parties or their attorneys of record. Service of the petition
				and summons must be made in accordance with Nebraska law.
009.03 Unless otherwise provided by statute,
				the procedures of Neb. Rev. Stat. §
									84-917
				govern the procedure for taking an appeal.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 15 - PETITIONING FOR RULEMAKING › Section 51-15-001 - General information

Current through June 17, 2024
These rules are adopted from the model rules promulgated by
				  the Attorney General and apply to petitions for rulemaking before the Board of
				  Barber Examiners.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 15 - PETITIONING FOR RULEMAKING › Section 51-15-002 - Rule Making Petition

Current through June 17, 2024
002.01 Petition
Any person may petition the Board 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 set forth 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 15 - PETITIONING FOR RULEMAKING › Section 51-15-003 - Petition Consideration and Disposition

Current through June 17, 2024
003.01 Within sixty (60) days after
				submission of a petition, the Board 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-001 - General Information

Current through June 17, 2024
001.01 Application of these Model Rules
These rules are adapted as far as practicable from model
				  rules of the Attorney General and govern declaratory orders of the Board of
				  Barber Examiners.
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 the Board of
				  Barber Examiners.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 Board
Board
shall mean the Board of Barber
				  Examiners.
002.03 Argument
Argument
shall mean 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.
002.04 Contested case
Contested case
shall mean a proceeding before
				  the Board 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 Board.
002.05
				Declaratory order proceeding
Declaratory order proceeding
shall mean a
				  proceeding initiated by a petitioner seeking issuance of a binding order by the
				  Board as to the applicability of specified circumstances to a statute, rule,
				  regulation, or order within the primary jurisdiction of the
				  Board.
002.06 Hearing
				officer
Hearing officer
shall mean 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.
002.07 Intervenor(s)
Intervenor(s)
shall mean persons, political
				  subdivisions, corporations, organizations, or other entities who have or claim
				  to have any interest, legal right, duty, privilege, or immunity, which would be
				  directly affected by the Board's issuance of a binding declaratory
				  order.
002.08 Necessary
				party
Necessary party
shall mean a person who or an
				  entity which has a specific interest in the applicability of the statute, rule,
				  regulation, 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.
002.09 Parties
Parties
shall mean persons, political
				  subdivisions, corporations, organizations, or other entities subject to the
				  jurisdiction of the Board who are involved in a declaratory order proceeding
				  according to the procedures set forth in this chapter.
002.10 Petition
Petition
shall mean the document filed in
				  accordance with section 003 of this chapter to initiate a declaratory order
				  proceeding.
002.11
				Petitioner(s)
Petitioner(s
) shall mean a party or parties who
				  have filed a petition with the Board seeking issuance of a declaratory
				  order.
002.12 Pleading
Pleading
shall mean any written petition,
				  answer, or motion used in any declaratory order proceeding before the Board as
				  set forth in this chapter.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-003 - 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 Board 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 Board.
003.03 When
				Orders Appropriate
A declaratory order may be requested on the applicability of
				  a statute, rule, regulation, or order enforced by the Board. "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 Board
				in a contested case.
003.03D A
				declaratory order may not be requested to obtain a declaration by the Board
				that a statute or regulation is unconstitutional or that a regulation of the
				Board is invalid.
003.03E A
				declaratory order may not be issued by the Board 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-004 - 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 Board by mail or in person during the Board's
				normal business hours.
004.02 The
				petition shall be deemed as filed when it is actually received by the Board.
				The Board shall date stamp all petitions upon receipt.
004.03 At the same time the petition is filed
				with the Board, 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 Board.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-005 - Disposition of the Petition

Current through June 17, 2024
005.01 Generally
Upon the filing of a petition, the Board 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 Board employee
				  to consider the petition and recommend a decision to the Board. In reviewing
				  the petition, the Board 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 Board;
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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-006 - 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 Board. 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 Board 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-007 - Declaratory Order Proceedings

Current through June 17, 2024
007.01 Oral Argument, When
Oral argument shall be had only on specific order of the
				  Board. A petitioner, intervenor, necessary party, or the agency may submit a
				  motion for oral argument to the Board. 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 Board
				  with a notice of the date, time, and location for oral argument. The Board
				  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 Board who is authorized to render or to recommend a
				  decision to the Board. The hearing officer or Board 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-008 - Issuance of Declaratory Order

Current through June 17, 2024
008.01 The Board 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 Board's conclusion as to the
				applicability of the statute, regulation, rule, or order to the
				facts;
008.02E The Board'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 Board
				to support its conclusions.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-009 - Circumstances Under Which Board will not Issue Declaratory Orders

Current through June 17, 2024
009.01 Grounds upon which the Board 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
				Board;
009.01B The petition
				requests review or appeal of a decision made by the Board 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 Board 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Section 51-16-010 - 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 16 - DECLARATORY ORDERS › Appendix A - BEFORE THE BOARD OF BARBER EXAMINERS STATE OF NEBRASKA

Current through June 17, 2024
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 ________________, 2____.
VERIFICATION
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
____________, 2____ .
NOTARY SEAL
[Notary signature]
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-001 - Application of these Model Rules

Current through June 17, 2024
These rules and regulations are adapted from model rules of
				  procedure developed by the Attorney General and apply to negotiated rulemaking
				  proceedings before the Board of Barber Examiners.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-002 - 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 Board 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 Board as a result of a subsequent
				  formal rulemaking process.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-003 - Definitions

Current through June 17, 2024
For purposes of this Chapter:
003.01 APA
APA
shall mean the Administrative Procedure Act,
				  Neb. Rev. Stat. §§
										84-901
				  through
				  84-920.
003.02 Agency or Board
Agency or Board
shall mean the Board of Barber
				  Examiners.
003.03 Consensus
Consensus
shall mean unanimous concurrence among
				  the interests represented on a negotiated rulemaking committee unless the
				  committee agrees upon another specified definition.
003.04 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.
003.05
				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
				  decision-making authority.
003.06 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.
003.07 Negotiated rulemaking
Negotiated rulemaking
shall mean rulemaking
				  through the use of a negotiated rulemaking committee.
003.08 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.
003.09
				Person
Person
shall mean an individual, partnership,
				  limited liability company, corporation, association, governmental subdivision,
				  agency, or public or private organization of any character.
003.10 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 interest, 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
				  purposes 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.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-004 - Establishment of a Negotiated Rulemaking Committee; criteria

Current through June 17, 2024
The Board may establish a negotiated rulemaking committee to
				  negotiate and develop a proposed rule if the Board determines that the use of
				  the negotiated rulemaking procedure is in the public interest. In making that
				  determination, the Board shall consider whether:
004.01 There is a need for the
				rule.
004.02 There are a limited
				number of identifiable interest 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-005 - Convenors; selection; duties

Current through June 17, 2024
The Board, at its discretion, may use the services of a
				  convenor.
005.01 The Board may employ
				or contract for the services of an organization or 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. The Board shall
				determine whether a person under consideration as a convenor or facilitator of
				a negotiated rulemaking committee has such an interest. A person disqualified
				under this criterion shall be dropped from further consideration.
005.02 The convenor may assist the Board in
				making the determination of need for a negotiated rulemaking process discussed
				in section 004 above. The convenor may also assist the Board in:
005.02A Identifying persons who will be
				significantly affected by a proposed rule.
005.02B Conducting discussions with affected
				persons of 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-006 - Petitions for the use of a negotiated rulemaking committee

Current through June 17, 2024
Any person may petition the Board 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 Board.
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 Board 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
003.10.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-007 - Notice of a Negotiated Rulemaking Committee; Comment; Applications for Membership

Current through June 17, 2024
If the Board decides to go forward with the establishment of
				  a negotiated rulemaking committee, Board shall proceed with the following
				  process.
007.01 The Board 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 Board
				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 interest and the Board.
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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-008 - 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 Board 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 Board 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, the Board will apply the criteria set out in 004
				  above.
008.01 If, after such a
				determination, the Board 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 Board in formal rulemaking.
008.02 If, after such a determination, the
				Board decides not to establish a negotiated rulemaking committee, the Board
				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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-009 - 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 Board to represent the Board. This person shall be authorized
				to fully represent the Board in the discussions and negotiations of the
				committee.
009.01B Persons selected
				by the Board 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 006.02 below.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-010 - Negotiated rulemaking committee; operation

Current through June 17, 2024
A negotiated rulemaking committee established under these
				  rules shall consider the matter proposed by the Board for consideration and
				  shall attempt to reach consensus concerning a proposed rule and any other
				  matter the committee determinates 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 Board shall provide appropriate
				administrative support to a negotiated rulemaking committee including technical
				assistance and support.
010.03 The
				person representing the Board 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 Board in the discussions and negotiations of the
				committee.
010.04 If a negotiated
				rulemaking committee achieves consensus on a proposed rule at the conclusion of
				the negotiations, the committee shall transmit to the Board 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 Board 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-011 - 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 Board 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 Board's nomination for facilitator, the Board
				shall submit a substitute nomination. If the committee does not approve the
				substitute nomination of the Board for facilitator, the committee shall select,
				by consensus, a person to serve as facilitator.
011.02 The Board may employ or contract for
				an organization or an individual to serve as a facilitator for a negotiated
				rulemaking committee or the Board may use the services of a state employee to
				act as a facilitator. A person designated by the Board 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 Board 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 reaching consensus.
011.03C Manage the keeping of minutes and
				records.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-012 - 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 Board 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 Board
				determines that the committee member's participation is necessary to assure an
				adequate representation of the interests of the members.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-013 - Grants or gifts

Current through June 17, 2024
The Board may accept grants or gifts from any source to fund
				  the 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 Board without placing any condition on the
				membership of a negotiated rulemaking committee or the outcome of the
				negotiated rulemaking process; and
013.03 There is 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 - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-014 - 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 Board pursuant to the
				  APA, unless the Board, after consulting the committee, or the committee itself,
				  specifies an earlier termination date.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 17 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 51-17-015 - Negotiated rulemaking procedure; judicial review

Current through June 17, 2024
Any action of the Board 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
				  the section shall bar judicial review if such judicial review is otherwise
				  provided by law.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 1 - SCOPE OF RULES › Section 288-1-002 - Interpretations of the Rules and Accountancy Act

Current through June 17, 2024
From time to time on its own motion, or as the result of
				  proceedings pending before it, the Board will render interpretations of the
				  Rules and the Act. Such interpretations shall be considered Board policy and
				  shall be made available to licensees and maintained in the Board reference
				  manual. Such manual shall be available to licensees and other interested
				  parties.
Statutory Authority; Section
					 1-108
					 R.R.S. 1943