Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 4 - NEGOTIATED RULEMAKING
Section 454-4-002 - DEFINITIONS
Current through September 17, 2024
For purposes of this Chapter of this procedural rule:
002.01. APA means the Administrative Procedure Act, Neb. Rev. Stat. §§ 84-901 through 84-920.
002.02. Consensus means unanimous concurrence among the interests represented on a negotiated rulemaking committee unless the committee agrees upon another specified definition.
002.03. Convener means a person who impartially assists the Department in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure.
002.04. Facilitator means a person who impartially aids in the discussion and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. A facilitator does not have decision making authority.
002.05. Interest means with respect to an issue or matter, that multiple parties have a similar point of view or that are likely to be affected in a similar manner.
002.06. Negotiated rulemaking means rulemaking through the use of a negotiated rulemaking committee.
002.07. Negotiated rulemaking committee or committee means an advisory committee established to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule.
002.08. Person means an individual, partnership, limited liability company, corporation, association, district, governmental subdivision, agency, or public or private organization of any character.
002.09. Rule means any rule issued by the Department, including the amendment or repeal thereof whether with or without prior hearing, and designed to implement, interpret, or make specific the law enforced or administered by it or governing its organization or procedure, but not including rules concerning the internal management of the Department not affecting private rights, private interests, or procedures available to the public and not including permits, and any rules of interpretation thereof, and for the purpose of the APA, every rule which shall prescribe a penalty shall be presumed to have general applicability or to affect private rights and interests.
