§ 84-906 — Rule or regulation; when valid; presumption; limitation of action

Nebraska § 84-906

• Jurisdiction: Nebraska
• Ch. 84: State Officers

Text

(1) No rule or regulation of any agency shall be valid as against any person until five days after such rule or regulation has been filed with the Secretary of State except for rules and regulations adopted, amended, or repealed pursuant to section 84-901.04 . No rule or regulation required under the Administrative Procedure Act to be filed with the Secretary of State shall remain valid as against any person until the certified copy of the rule or regulation has been so filed on the date designated and in the form prescribed by the Secretary of State. The filing of any rule or regulation shall give rise to a rebuttable presumption that it was duly and legally adopted.
(2) A rule or regulation adopted after August 1, 1994, shall be invalid unless adopted in substantial compliance with the provisions of the act, except that inadvertent failure to mail a notice of the proposed rule or regulation to any person shall not invalidate a rule or regulation.
(3) Any action to contest the validity of a rule or regulation on the grounds of its noncompliance with any provision of the act shall be commenced within four years after the effective date of the rule or regulation.
(4) The changes made to the act by Laws 1994, LB 446, shall not affect the validity or effectiveness of a rule or regulation adopted prior to August 1, 1994, or noticed for hearing prior to such date.
(5) The changes made to the act by Laws 2005, LB 373, shall not affect the validity or effectiveness of a rule or regulation adopted prior to October 1, 2005, or noticed for hearing prior to such date.

Legislative History

Source: Laws 1945, c. 255, § 6, p. 796; Laws 1947, c. 350, § 6, p. 1100; Laws 1973, LB 134, § 4; Laws 1986, LB 992, § 4; Laws 1987, LB 253, § 6; Laws 1994, LB 446, § 18; Laws 2005, LB 373, § 2; Laws 2016, LB867, § 8. Annotations: To be valid, administrative rules and regulations must be filed with the Secretary of State, and it is irrelevant whether or not an individual has actually been prejudiced by the agency's failure to do so. McAllister v. Nebraska Dept. of Corr. Servs., 253 Neb. 910, 573 N.W.2d 143 (1998). The failure of the Department of Motor Vehicles to comply with this section's requirements regarding the filing of rules with the Secretary of State is a denial of due process. Gausman v. Department of Motor Vehicles, 246 Neb. 677, 522 N.W.2d 417 (1994). Rules of State Board of Education were not effective until filed. School Dist. No. 228 v. State Board of Education, 164 Neb. 148, 82 N.W.2d 8 (1957). Due process is denied where the rules and regulations governing the administrative license revocation procedure were not on file with the Secretary of State for at least 5 days at the time of the arrest. Dannehl v. Department of Motor Vehicles, 3 Neb. App. 492, 529 N.W.2d 100 (1995). Under former law, rates of carriers not filed with Secretary of State were invalid. Mogis v. Lyman-Richey Sand & Gravel Corp., 90 F.Supp. 251 (D. Neb. 1950).