Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-003 - Definitions

Current through June 17, 2024
For purposes of this Chapter:
003.01 APA
APA shall mean the Administrative Procedure Act, Neb. Rev. Stat. sections
											  84-901 et seq., Revised Statutes of Nebraska,
											  1943, as amended.
003.02 Agency
Agency shall mean the Commission and its employees, including the
											  Director, any Deputy Directors and staff.
003.03
										Commission
Commission shall mean the State Real Estate Commission of the State of
											  Nebraska.
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 Convener
Convener shall mean a person who impartially assists the Commission in
											  determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a
											  particular rulemaking procedure.
003.06 Director
Director shall mean the person appointed as the Director of the
											  Commission by the Commission pursuant to section
											  81-885.07(4),
											  Revised Statutes of Nebraska, 1943, as amended.
003.07
										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.
003.08 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.
003.09 Negotiated rulemaking
Negotiated rulemaking shall mean rulemaking through the use of a
											  negotiated rulemaking committee.
003.10 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.
003.11 Person
Person shall mean an individual, partnership, limited liability company,
											  corporation, association, governmental subdivision, agency, or public or private organization of any
											  character.
003.12 Rule or regulation
Rule or regulation shall mean any rule, regulation, or standard issued by
											  the Commission, including the amendment or repeal thereof, whether with or without prior hearing, and
											  designed to implement, interpret, or make specific the law enforced or administered by it or governing its
											  organization or procedure, but not including rules and regulations concerning the internal management of the
											  Commission not affecting private rights, private interests, or procedures available to the public, and 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.