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2020 Nebraska Revised Statutes
Chapter 84 - State Officers
84-908 Rule or regulation; adoption; amendment; repeal; considerations; when effective; approval by Governor; filing.

Universal Citation: NE Code § 84-908 (2020)
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84-908. Rule or regulation; adoption; amendment; repeal; considerations; when effective; approval by Governor; filing.

(1) Except as provided in section 84-901.04, no adoption, amendment, or repeal of any rule or regulation shall become effective until the same has been approved by the Governor and filed with the Secretary of State after a hearing has been set on such rule or regulation pursuant to section 84-907. When determining whether to approve the adoption, amendment, or repeal of any rule or regulation relating to an issue of unique interest to a specific geographic area, the Governor's considerations shall include, but not be limited to: (a) Whether adequate notice of hearing was provided in the geographic area affected by the rule or regulation. Adequate notice shall include, but not be limited to, the availability of copies of the rule or regulation at the time notice was given pursuant to section 84-907; and (b) whether reasonable and convenient opportunity for public comment was provided for the geographic area affected by the rule or regulation. If a public hearing was not held in the affected geographic area, reasons shall be provided by the agency to the Governor. Any rule or regulation properly adopted by any agency shall be filed with the Secretary of State.

(2) Except as provided in section 84-901.04, no agency shall utilize, enforce, or attempt to enforce any rule or regulation or proposed rule or regulation unless the rule, regulation, or proposed rule or regulation has been approved by the Governor and filed with the Secretary of State after a hearing pursuant to section 84-907.

Source

  • Laws 1953, c. 359, § 2, p. 1138;
  • Laws 1972, LB 373, § 1;
  • Laws 1974, LB 604, § 4;
  • Laws 1975, LB 316, § 1;
  • Laws 1978, LB 44, § 10;
  • Laws 1986, LB 992, § 10;
  • Laws 1987, LB 253, § 10;
  • Laws 1987, LB 189, § 1;
  • Laws 2013, LB242, § 3;
  • Laws 2016, LB867, § 15.

Annotations

  • Rate tariffs, and any rules of interpretation thereof, are excepted from requirements of filing with Secretary of State. City of Scottsbluff v. United Telephone Co. of the West, 171 Neb. 229, 106 N.W.2d 12 (1960).

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