(1)If any member of the Legislature feels aggrieved by a rule or regulation or by the proposed adoption, amendment, or repeal of a rule or regulation pursuant to section 84-907.06 or
believes that (a) a rule or regulation or the adoption, amendment, or repeal of a rule or regulation is
in excess of the statutory authority or jurisdiction of the agency, is unconstitutional, is inconsistent with the
legislative intent of the authorizing statute, or creates an undue burden in a manner that significantly
outweighs its benefit to the public, (b) circumstances have changed since
the passage of the statute which a rule or regulation implements, or (c) a
rule or regulation or an amendment or repeal overlaps, duplicates, or conflicts
with federal, state, or local laws, rules, regulations, or ord
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(1) If any member of the Legislature feels aggrieved by a rule or regulation or by the proposed adoption, amendment, or repeal of a rule or regulation pursuant to section 84-907.06 or
believes that (a) a rule or regulation or the adoption, amendment, or repeal of a rule or regulation is
in excess of the statutory authority or jurisdiction of the agency, is unconstitutional, is inconsistent with the
legislative intent of the authorizing statute, or creates an undue burden in a manner that significantly
outweighs its benefit to the public, (b) circumstances have changed since
the passage of the statute which a rule or regulation implements, or (c) a
rule or regulation or an amendment or repeal overlaps, duplicates, or conflicts
with federal, state, or local laws, rules, regulations, or ordinances, the
member may file a complaint with the Chairperson of the Executive
Board of the Legislative Council. The complaint shall explain in detail the
member's contentions.
(2) The chairperson of the executive board or a committee
staff member of the executive board shall refer the complaint to the chairperson
of the standing committee of the Legislature which has subject matter jurisdiction
over the issue involved in the rule or regulation or which has traditionally
handled the issue and, if practicable, to the member of the Legislature who
was the primary sponsor of the legislative bill that granted the agency the
rulemaking authority if the member is still serving or, if the legislative
bill was amended to include the rulemaking authority, to the primary sponsor
of the amendment granting rulemaking authority if the member is still serving.
(3) The standing committee and primary sponsor of the legislative
bill or amendment granting rulemaking authority may consider the complaint
and, if such committee or primary sponsor concludes that the complaint has
merit, then such committee or primary sponsor may request a written response
from the agency which shall include, but not be limited to (a) a description
of the amendment or rule or regulation, (b) when applicable, a description
of the legislative intent of the statute granting the agency rulemaking authority
and a statement explaining how the rule
or regulation or the adoption, amendment, or repeal of the rule or regulation is within the authority or jurisdiction of the agency, is
constitutional, is consistent with legislative intent, or is not an undue burden, (c)
if the description required in subdivision (b) of this subsection is inapplicable,
an explanation as to why the rule
or regulation or the adoption, amendment, or repeal is necessary, and (d) an explanation of the
extent to which and how any public comment was taken into consideration by
the agency with respect to the rule
or regulation or the adoption, amendment, or repeal. The agency shall respond within sixty days
of a request, and such response shall be a public record.
(4) Nothing in this section shall be construed to prohibit
the adoption or promulgation of the rule or regulation in accordance with
other provisions of the Administrative
Procedure Act.