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Administrative Procedure Act – Nebraska

The Nebraska Administrative Procedure Act is found in Article 9 (a), chapter 84 of Revised Statutes of Nebraska.  According to R.R.S. Neb. § 84-902, each agency should file in the office of the Secretary of State, a certified copy of the rules and regulations in force and effect in such agency.  The Secretary of State should keep a permanent file of all such rules and regulations.  R.R.S. Neb. § 84-903 directs agencies to publish its rules and regulations so that the existence and scope of the rules and regulations is brought to the attention of all affected persons.

According to R.R.S. Neb. § 84-905, each agency should make available copies of rules and regulations to all interested persons on request.  Rules and regulations are effective if copies thereof are available for distribution by the agency to persons requesting the same.  R.R.S. Neb. § 84-905.01 states that a copy of each amendment or rule or regulation should be submitted to the Attorney General for his/her consideration.  The Attorney General determines the statutory authority and constitutionality of such amendment or rule or regulation.  If the amendment or rule or regulation to be filed is approved by the Attorney General, s/he should so indicate with his/her stamp of approval.

R.R.S. Neb. § 84-906 states that rule or regulation of any agency is valid only if such rule or regulation is filed with the Secretary of State.  Similarly, rule or regulation should be filed on the date designated and in the form prescribed by the Secretary of State.

According to R.R.S. Neb. § 84-906.01  an agency should maintain an official rulemaking or regulation making record for each rule or regulation it adopts or proposes by publication of a notice.  The record and materials incorporated by reference should be available for public inspection and should be maintained for at least four years after the effective date of the rule or regulation.

R.R.S. Neb. § 84-906.03 directs the Secretary of State to establish Nebraska Administrative Code to compile, index by subject, and publish a codification system for all rules and regulations filed.  Further, the Secretary of State should distribute copy of existing rules and regulations to the State Library and to each county law library of the State of Nebraska.  R.R.S. Neb. § 84-906.04 directs the Secretary of State to maintain a current public rulemaking or regulation making docket for each pending rulemaking or regulation making proceeding.  According to R.R.S. Neb. § 84-906.05 every court of the State of Nebraska should take judicial notice of any rule or regulation that is signed by the Governor and filed with the Secretary of State.

According to R.R.S. Neb. § 84-907, rule or regulation should be adopted, amended, or repealed by any agency only after public hearing.  Notice of such hearing should be given before thirty days to the Secretary of State and should publish in a newspaper having general circulation in the state.

As per R.R.S. Neb. § 84-907.04, before submitting a proposed rule or regulation to the Secretary of State, Attorney General, and Governor, the agency should attach to the proposed rule or regulation a concise explanatory statement.  The explanatory statement should contain the reason for adopting the rule or regulation, indication of any change in the text of rule or regulation and the reason for the change.

R.R.S. Neb. § 84-907.06 states that whenever an agency proposes to adopt, amend, or repeal a rule or regulation, the agency should send to the Executive Board of the Legislative Council a copy of the hearing notice, a draft copy of the rule or regulation and the information provided to the Governor for review.  As per R.R.S. Neb. § 84-907.09, whenever an agency proposes to adopt, amend, or repeal a rule or regulation, the agency should provide to the Governor for review a description of the proposed rule or regulation.

R.R.S. Neb. § 84-908 provides that adoption, amendment, or repeal of any rule or regulation is effective only if the same is approved by the Governor and filed with the Secretary of State.

R.R.S. Neb. § 84-909.01 directs the Attorney General to prepare and promulgate model rules of procedure appropriate for use by as many agencies as possible and to file the model rules with the Secretary of State.  The model rules should deal with all general functions and duties performed in common by several agencies.

R.R.S. Neb. § 84-912.01 requires an agency to issue a declaratory order on a petition of any person, as to the applicability to specified circumstances of a statute, rule, regulation, or order within the primary jurisdiction of the agency.

According to R.R.S. Neb. § 84-913, in a contested case, the agency should afford to all parties, opportunity for hearing after reasonable notice in writing.  The agency should prepare an official record, which includes testimony and exhibits, in each contested case.

R.R.S. Neb. § 84-914 provides that in a contested case, the hearing officer may administer oaths and issue subpoenas, discovery orders, and protective orders in accordance with the rules of civil procedure.  Further, every party has the right of cross-examination of witnesses who testify and has the right to submit rebuttal evidence.  As per R.R.S. Neb. § 84-915, every decision and order adverse to a party to the proceeding, rendered by an agency in a contested case, should be in writing and should be accompanied by findings of fact and conclusions of law.

According to R.R.S. Neb. § 84-917, any person aggrieved by a final decision in a contested case is entitled to judicial review.  Proceedings for review should be instituted by filing a petition in the district court of the county where the action is taken within thirty days after the service of the final decision by the agency.  R.R.S. Neb. § 84-918 provides that an aggrieved party may appeal to the Court of Appeals for a review of any judgment rendered or final order made by the district court.

Inside Administrative Procedure Act – Nebraska