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Bill > LB664


NE LB664

Change the Administrative Procedure Act to require agencies to allow for public comment and submissions on proposed rules and regulations and change permissible venue for civil actions challenging rules and regulations


summary

Introduced
01/22/2025
In Committee
01/24/2025
Crossed Over
Passed
Dead

Introduced Session

109th Legislature

Bill Summary

A BILL FOR AN ACT relating to the Administrative Procedure Act; to amend sections 84-906.02 and 84-911, Reissue Revised Statutes of Nebraska; to require agencies to allow for public comment and submissions relating to proposals or adoptions of rules or regulations as prescribed; to provide for venue to challenge rules or regulations; to repeal the original sections; and to declare an emergency.

AI Summary

This bill modifies the Administrative Procedure Act to enhance public participation in rulemaking and provide more flexibility for legal challenges to agency regulations. Specifically, the bill requires state agencies to allow any person to submit comments or written materials about proposed rules or regulations through electronic or mail methods, without requiring in-person submissions. The bill also expands the permissible venues for filing legal challenges to agency rules, allowing petitioners to file declaratory judgment actions in the county where they reside, where their principal business is located, Lancaster County, or the county where the agency has its headquarters, instead of being limited to Lancaster County. When challenging a rule, courts can still declare a regulation invalid if it violates constitutional provisions, exceeds the agency's statutory authority, or was not adopted through proper procedures. By broadening public input opportunities and venue options, the bill aims to make administrative rulemaking more accessible and transparent, giving citizens and businesses more ways to participate in and challenge government regulations.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

Government, Military and Veterans Affairs Hearing (13:30:00 2/12/2025 Room 1507) (on 02/12/2025)

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