305 Neb. Admin. Code, ch. 1, § 003

Current through June 17, 2024
Section 305-1-003 - Definitions

For purposes of this Chapter:

003.01 APA

APA shall mean the Administrative Procedure Act, Neb. Rev. Stat. sections 84-901 et seq., Revised Statutes of Nebraska, 1943, as amended.

003.02 Agency

Agency shall mean the Commission and its employees, including the Director, any Deputy Directors and staff.

003.03 Commission

Commission shall mean the State Real Estate Commission of the State of Nebraska.

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 Convener

Convener shall mean a person who impartially assists the Commission in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure.

003.06 Director

Director shall mean the person appointed as the Director of the Commission by the Commission pursuant to section 81-885.07(4), Revised Statutes of Nebraska, 1943, as amended.

003.07 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 decision-making authority.

003.08 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.

003.09 Negotiated rulemaking

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

003.10 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.

003.11 Person

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

003.12 Rule or regulation

Rule or regulation shall mean any rule, regulation, or standard issued by the Commission, 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 Commission not affecting private rights, private interests, or procedures available to the public, 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.

305 Neb. Admin. Code, ch. 1, § 003