53 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024
Section 53-1-003 - Definitions

For purposes of this Chapter of these model procedural rules:

003.01 APA

APA shall mean the Administrative Procedure Act, Neb. Rev. Stat. §§ 84-901 through 84-920 (1987, Cum. Supp. 1992, Supp. 1993).

003.02 Agency

Agency shall mean that board, commission, department, officer, division or other administrative office or unit of state government authorized by law to make rules and regulations which is promulgating these procedural rules. Agency shall not include those entities exempted in Neb. Rev. Stat. § 84-901(1).

003.03 Agency Director

Agency Director shall mean the chief officer in charge of the department, division, other administrative office or unit of state government which is promulgating these procedural rules. If appropriate, Agency Director shall mean the governing board or the commission of state government which is promulgating these procedural rules.

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 Convenor

Convenor shall mean a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure.

003.06 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 decisionmaking authority.

003.07 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.

003.08 Negotiated rulemaking

Negotiated rulemaking shall mean rulemaking through the use of a negotiated rulemaking committee.

003.09 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.

003.10 Person

Person shall mean an individual, partnership, limited liability company, corporation, association, governmental subdivision, agency, or public or private organization of any character.

003.11 Rule or regulation

Rule or regulation shall mean any rule, regulation, or standard issued by an agency, 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 agency not affecting private rights, private interests, or procedures available to the public and not including permits, certificates of public convenience and necessity, franchises, rate orders and rate tariffs, 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.

53 Neb. Admin. Code, ch. 1, § 003