Overview of Regulation Process

What are regulations?

• Just as the Legislature passes laws under the authority granted to them by the Constitution, state agencies adopt or promulgate regulations under the authority granted to them by the state statutes passed by the Nebraska Legislature. Regulations are adopted in order to clarify and define processes and requirements outlined in state law. For example, state law may provides that it is illegal to drive with a blood alcohol level over .08%, regulations define how testing for blood alcohol content is conducted. Properly adopted regulations have the force of law. Commonly referred to as "rules", "regulations", or "rules and regulations", the official name for the compiled rules and regulations of the state is the Nebraska Administrative Code

• A regulation is created, amended, or repealed through the hearing and adoption process. This can take anywhere from weeks to months from start to finish. The purpose of the hearing and adoption process is to ensure that the public has an opportunity to participate in the rulemaking process and that the regulation is properly authorized by law.
• Unless there are special circumstances, each proposed regulation goes through a mandatory adoption process. These adoption process is as follows:
  • Rules Drafting Period: While not specifically required by law, the rules drafting period is an indefinite amount of time used by the agency to draft the proposed regulations and solicit input from interested parties as appropriate. Interested parties may include the general public, industry associations, or anyone persons or groups affected by the regulation. Because it is difficult to significantly change a regulation once it has been set for hearing, the drafting period is an important phase in the development of regulations.
  • 30 Day Publication Notice*: Notice of the rulemaking hearing must be published at least 30 days prior to the hearing (Neb. Rev. Stat. §84-907) to inform the public of the proposed change. Contents of the notice include date, time and place of the hearing as well as a short explanation of the purpose of the proposed regulations. Also included in the notice are the political subdivisions and persons being regulated and a fiscal impact statement of the monetary impact on state agencies, though this statement is not required to contain specific dollar amounts. Notices are generally published in a newspaper of general circulation and are also available on the rules tracking website: http://www.sos.state.ne.us/business/regtrack/ as well as in the office of the Secretary of State. Text of the proposed changes is available on the website and in the Secretary of State's Office.
  • Public Hearing: The Public Hearing is an opportunity for the public to comment on proposed regulations. Time and place of the hearing are showing in the hearing notice. Agencies may now take online comments as well if they choose to enable the online comment function of the new rules tracking system.
  • Submission for Review: After the hearing, the regulations and the accompanying material must be submitted to the Attorney General and the Governor. The Attorney General reviews the regulation for compliance with statutory and constitutional authority. The regulation then goes to the Governor for policy review and final approval.
  • Adoption of Regulations: Upon completion of these steps, the regulations are then forwarded to the Secretary of State and become law five days following receipt.

* There is a waiver provision for the 30 notice requirement for hearings in emergency situations.