1945 Neb. Laws, c. 255, L.B. 138, pp. 794–796 (Mar. 3, 1945).

Chapter 255

Relating to Filing of Rules and Regulations of Administrative Agencies

Legislative Bill 138

Introduced by Johne E. Mekota of Saline

AN ACT relating to state government; to define terms; to require the filing of certified copies of and the publication and distribution of printed, typed or mimeographed copies of the rules of the administrative agencies of the State of Nebraska, as prescribed; and to provide the use of and the effect as evidence of such certified copies thereof.

Be it enacted by the people of the State of Nebraska,

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Section 1. For the purposes of this act:

(1) Agency means each board, commission, department, officer, division or other administrative office or unit of the state government, authorized by law to make rules, except the courts and the Legislature;

(2) Rule means the written statement of any rule, regulation, standard or policy of general application, issued by an agency, including the amendment or repeal thereof, and designed to implement, interpret or make specific the law enforced or administered by it, or governing its organization and procedure, but not including regulations concerning the internal management of the agency not affecting private rights or interests.

Sec. 2. Each agency shall file forthwith in the office of the Secretary of State a certified copy of the rules in force and effect in such agency on the effective date of this act. A certified copy of any rule adopted after the effective date of this act shall likewise be so filed. Such copy or copies shall be printed, types or mimeographed on legal size paper. The Secretary of State shall keep a permanent file of all such rules, which shall be open to public inspection.

Sec. 3. Each agency shall cause its rules to be published in such manner as the agency shall determine, to bring, as far as practicable, the existence and scope of the rule to the attention of all persons affected thereby.

Sec. 4. Each agency shall file with the Clerk of the Legislature, not more than thirty nor less than ten days prior to the commencement of each regular legislative session, a certified copy of the rules of the agency in force and effect at the time of filing, for the consideration of the Legislature.

Sec. 5. Each agency shall periodically and as often as necessary compile and print, type or mimeograph all rules adopted by it and remaining in effect. Copies shall be made available to all interested persons on request, at a price 796 fixed to cover costs of publication and mailing; Provided, however, any such agency may furnish the same without charge, in the discretion of the agency, if funds are available.

Sec. 6. No rule shall be effective unless filed with the Secretary of State as herein required. The filing of any rule as herein provided shall give rise to a rebuttable presumption that it was duly and legally adopted.

Approved