Section 77-438 - Guidance documents(a)(1) A state agency may issue a guidance document without following the procedures set forth in this act for the adoption of rules and regulations.(2) For the purposes of this section, "guidance document" means a record of general applicability that: (A) Is designated by a state agency as a guidance document;(B) lacks the force of law; and(C) states: (i) The agency's current approach to, or interpretation of, law; or(ii) general statements of policy that describe how and when the agency will exercise discretionary functions.(b) A guidance document may contain binding instructions to state agency staff members except officers who preside in adjudicatory proceedings.(c) If a state agency proposes to act in an adjudication at variance with a position expressed in a guidance document, the state agency shall provide a reasonable explanation for the variance. If an affected person in an adjudication claims to have reasonably relied on the agency's position, the state agency's explanation for the variance shall include a reasonable justification for the agency's conclusion that the need for the variance outweighs the affected person's reliance interests.(d) Each state agency shall:(1) Maintain an index of all of its currently effective guidance documents;(2) publish the index on its website; and(3) make all guidance documents available to the public.(e) A guidance document may be considered by a presiding officer or agency head in an agency adjudication, but such guidance document shall not bind any party, the presiding officer or the agency head.(f) Any agency that issues a guidance document shall provide a copy of such document to the joint committee on administrative rules and regulations. Such document may be submitted electronically.Amended by L. 2021, ch. 61,§ 59, eff. 7/1/2021.Amended by L. 2011, ch. 14,§ 4, eff. 7/1/2011.L. 1982, ch. 386, § 9; April 29.