§ 84-909 — Agency; rules and regulations governing procedure; adoption

Nebraska § 84-909

• Jurisdiction: Nebraska
• Ch. 84: State Officers

Text

In addition to other requirements imposed by law:
(1) Each agency shall adopt rules and regulations governing the formal and informal procedures prescribed or authorized by the Administrative Procedure Act. Such rules and regulations shall include rules of practice before the agency together with forms and instructions; and
(2) To assist interested persons dealing with it, each agency shall so far as deemed practicable supplement its rules and regulations with descriptive statements of its procedures.

Legislative History

Source: Laws 1959, c. 456, § 2, p. 1511; Laws 1980, LB 846, § 2; Laws 1987, LB 253, § 11; Laws 1994, LB 446, § 33. Annotations: Neither the Administrative Procedure Act nor the regulations of the Department of Water Resources provide for any time limits on the rights of parties to intervene either as a matter of right or permissively. Nonetheless, the department as an agency of the State of Nebraska must have sufficient latitude in its operation in matters under its jurisdiction to exercise that jurisdiction fairly. Basin Elec. Power Co-op. v. Little Blue N.R.D., 219 Neb. 372, 363 N.W.2d 500 (1985). This section only applicable to procedures which have not been specifically covered by statute. Weiner v. State Real Estate Commission, 184 Neb. 752, 171 N.W.2d 783 (1969). The provisions of Administrative Procedure Act may be considered with other legislation in determining whether due process of law has been afforded. School Dist. No. 8 v. State Board of Education, 176 Neb. 722, 127 N.W.2d 458 (1964). The 1959 amendment to the act prescribing rules for administrative agencies did not contain more than one subject in violation of the Constitution. Yellow Cab Co. v. Nebraska State Railway Commission, 175 Neb. 150, 120 N.W.2d 922 (1963).