2006 Nebraska Revised Statutes - § 71-2506 — Poisons; sale; revised schedule of poisons; preparation; notice; hearing; appeal.

Section 71-2506
Poisons; sale; revised schedule of poisons; preparation; notice; hearing; appeal.

Whenever, in the judgment of the Director of Regulation and Licensure, it shall become necessary for the protection of the public, to add any poison, not specifically enumerated in section 71-2501, the Department of Health and Human Services Regulation and Licensure shall have printed a revised schedule of all poisons coming under section 71-2501. The department shall forward by mail one copy to each person registered upon its books and to every person applying for same, and the revised schedule shall carry an effective date for the new poisons added. No poison shall be added by the director under this section unless the same shall be as toxic in its effect as any of the poisons enumerated under section 71-2501. Whenever the director shall propose to bring any additional poisons under such section, the proposal shall be set down for hearing. At least ten days' notice of such hearing shall be given by the director. The notice shall designate the poison to be added and shall state the time and place of the hearing. Such notice shall be given by such means as the director shall determine to be reasonably calculated to notify the various interested parties. The director shall have the power to adopt and promulgate such rules and regulations with respect to the conduct of such hearings as may be necessary. Any person aggrieved by any order of the director passed pursuant to this section may appeal such order, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:

Laws 1941, c. 141, § 14, p. 564

C.S.Supp.,1941, § 81-933

R.S.1943, § 81-630

Laws 1988, LB 352, § 127

Laws 1996, LB 1044, § 627

Cross References:

Administrative Procedure Act,see section 84-920.

~Reissue Revised Statutes of Nebraska