Current through September 17, 2024
Section 163-1-004 - Petitioning for Rulemaking004.01 These rules and regulations governing petitioning for rulemaking before the Nebraska Game and Parks Commission are adopted under authority of the Administrative Procedure Act, sections 84-901 through 84-920, R.R.S. 1999. These rules and regulations are effective following enactment by the Game and Parks Commission, approval by the Attorney General and Governor and when five days have elapsed since filing with the Secretary of State. 004.01A Rule Making Petition. 004.01B Petition. Any person may petition the Commission requesting the promulgation, amendment, or repeal of a rule or regulation.004.01C Form. The petition shall: 004.01C1 Be clearly designated as a petition for a rules change;004.01C2 In the case of a proposed new rule or amendment of an existing rule, shall set forth the desired rule in its entirety;004.01C3 In the case of a petition for the repeal of an existing rule, such shall be stated and the rule proposed to be repealed shall either be set forth in full or shall be referred to by Commission rule number;004.01C4 Describe the reason for the rules change.004.01C5 Include an address and telephone where the petitioner can be reached during regular work hours; and 004.01C6 Be signed by: 004.01C6a The petitioner or their attorney in which case the attorney shall also state their address and telephone number;004.01C6b A duly authorized officer of the petitioner, if petitioner is a corporation or other legal entity.004.02 Petition Consideration and Disposition 004.02A Within sixty (60) days after submission of a petition, the Commission shall: 004.02A1 Deny the petition in writing, stating its reasons therefor;004.02A2 Initiate rulemaking or regulation making proceedings in accordance with the Administrative Procedure Act;004.02A3 If otherwise lawful, adopt a rule or regulation.163 Neb. Admin. Code, ch. 1, § 004