Section 1. That section 84-904, Reissue Revised Statutes of Nebraska, 1943, be amended to read as follows:

84-904. (1) Except as provided in subsection (2) of this section, 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, properly indexed in the manner prescribed for filing with the Secretary of State, for the consideration of the Legislature. Such rules, when considered by the Legislature, may be rejected, changed, altered, amended, or modified in such manner as it deems advisable.

(2) In lieu of the complete compilation provided for in subsection (1) of this section, each agency may file a report showing only the changes, alterations, additions, or deletions in its rules that have been made since the most recent filing together with the affidavit of the head of the agency that there have been no other changes, alterations,a dditions, or deletions. If there have been no changes, alterations, additions, or deletions, the affidavit shall so state.

Sec. 2. That section 84-905, Reissue Revised Statutes of Nebraska, 1943, be amended to read as follows:

2072 84-905. (1) Except as provided in subsection (2) of this section, each agency shall prepare, compile and print, type or mimeograph a complete certified compilation of all rules duly adopted and in force and effect on the thirtieth day prior to the commencement of the next regular legislative session, and on the same date prior to each regular legislative session thereafter, and shall file same in the office of the Secretary of State, as provided by section 84-902. Such certified compilation, when duly filed, shall supersede all rulesp reviously filed. This shall not be construed as precluding any such agency from making additional compilations as often as it deems it necessary or advisable. Copies shall be made available to all interested persons on request, at a price fixed to cover costs of publication and mailing; Provided, any such agency may furnish the same without charge, in the discretion of the agency, if funds are available.

(2) In lieu of the complete compilation provided for in subsection (1) of this section, each agency may file a report showing only the changes, alterations,a dditions, or deletions in its rules that have been made since the most recent filing together with the affidavit of the head of the agency that there have been no other changes, alterations, additions, or deletions. If there have been no changes, alterations, additions, or deletions, the affidavit shall so state.

Sec. 3. That section 84-914, Reissue Revised Statutes of Nebraska, 1943, be amended to read as follows:

84-914. In contested cases:

(1) An agency maya dmit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. It shall give effect to the rules of privilege recognized by law. It may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence; Provided, that any part to a formal hearing before such agency, from which a decision may be appealed to the courts of this state, may request that such agency be bound by the rules of evidence applicable in district court by delivering to such agency at least three days prior to the holding of such hearing a written request 2073 therefor, such request to include the requesitng party’s agreement to be liable for the payment of costs inclurred thereby and upon any appeal or review thereof, including the cost of court reporting services which the requesting party shall procure for the hearing. All costs of a formal hearing shall be paid by the party or parties against whom a final decision is rendered.

(2) An agency may administer oaths, issue subpoenas, compel the attendance of witnesses, and the production of any papers, books, accounts, documents, and testimony, and cause the depositions of witnesses residing either within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.

(3) All evidence including records and documents in the possession of the agency of which it desires to avail itself shall be offered and made a part of the record in the case. No other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be recieved in the form of copies or excerpts or by incorporation by reference.

(4) Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.

(5) An agency may take notice of judicially cognizable fact and in addition may take notice of general, technical, or scientific facts within its specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed. They shall be afforded an opportunity to contest the facts so noticed. An agency may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it.

Sec. 4. That original sections 84-904, 84-905, and 84-914, Reissue Revised Statutes of Nebraska, 1943, are repealed.

Sec. 5. Since an emergency exists, this act shall be in full force and take effect, from and after its passage and approval, according to law.