Nebraska Revised Statute 84-902

Chapter 84 Section 902

84-902.

Agency; rules and regulations; certified copies filed with Secretary of State; manner; open to public inspection.

(1) Each agency shall 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 shall keep a permanent file of all such rules and regulations. Such file shall be updated and kept current upon receipt of any rules and regulations adopted, amended, or repealed and filed with the Secretary of State as provided in the Administrative Procedure Act and shall be open to public inspection during regular business hours of his or her office. The Secretary of State, in order to maintain and keep such files current, shall be empowered to require new and amended rules and regulations to be filed as complete chapters or sections as directed by the Secretary of State.

(2) Rules and regulations filed with the Secretary of State pursuant to the Administrative Procedure Act shall be filed in the manner and form prescribed by the Secretary of State including electronic filing if so directed by the Secretary of State. The Secretary of State shall issue instructions to all state agencies setting forth the format to be followed by all agencies in submitting rules and regulations to the Secretary of State. Such instructions shall provide for a uniform page size, a generally uniform and clear indexing system, and annotations including designation of enabling legislation and court or agency decisions interpreting the particular rule or regulation. For good cause shown, the Secretary of State may grant exceptions to the uniform page size requirement and the general indexing instructions for any agency.

Source

  • Laws 1945, c. 255, § 2, p. 795;
  • Laws 1947, c. 350, § 2, p. 1098;
  • Laws 1973, LB 134, § 1;
  • Laws 1974, LB 604, § 1;
  • Laws 1976, LB 615, § 1;
  • Laws 1978, LB 44, § 8;
  • Laws 1986, LB 992, § 2;
  • Laws 1987, LB 253, § 2;
  • Laws 2004, LB 915, § 1;
  • Laws 2016, LB867, § 7.

Annotations

  • The procedural rules to be applied are those in effect at time of hearing or proceeding, not those in effect when the act or violation is charged to have taken place. Durousseau v. Nebraska State Racing Commission, 194 Neb. 288, 231 N.W.2d 566 (1975).

  • Where penal provisions of statute are operative independently of rules, failure to file any rules does not bar prosecution. Scherer v. State, 168 Neb. 127, 95 N.W.2d 329 (1959).

  • Rates of carriers must be filed with Secretary of State as a rule to be valid. Mogis v. Lyman-Richey Sand & Gravel Corp., 90 F.Supp. 251 (D. Neb. 1950).