Current through September 17, 2024
Section 4-1-(3) - PETITION FOR PROMULGATION, AMENDMENT OR REPEAL OF RULES(a) PETITION-FORM: A petition for the promulgation, amendment or repeal of any rule subject to the authority or jurisdiction of the Commission may be filed by any interested person. Such a petition shall: (1) show venue, to wit: "Before the Nebraska Accountability and Disclosure Commission"; (2) specify the name and address of the petitioner; (3) state the subject matter; (4) contain a statement averring the legal capacity of the petitioner to instigate the proceedings; (5) state the precise wording of the proposed rule or amendment, or the proposed rule to be repealed; (6) without repetition, state the reasons for such promulgation, amendment, or repeal; and (7) be signed by the petitioner or a duly authorized agent and state the address of the person signing the same.(b) SUBMISSION: Each petition for the promulgation, amendment or repeal of rules must be accompanied by the original and nine copies which shall be filed with the Commission.(c) CONSIDERATION: At the time and place set for hearing the Commission shall then and there afford the petitioner and any intervenor a reasonable time to discuss the petition. Failure of any petitioner to appear at the time and place set for hearing, unless otherwise permitted by the Commission on good cause shown, will be deemed sufficient grounds for the Commission to dismiss the petition. At such hearing the petitioner and then the intervenors and the staff may present views orally or in writing.(d) DISPOSITION: The matter shall be disposed of by resolution of the Commission calling for a public hearing pursuant to the provisions of Subdivision 1-(2)(a) hereof or denying the petition in whole or in part. In either event the parties to the hearing including intervenors shall be notified of the action of the Commission in person or by ordinary United States mail.(e) SUBSEQUENT PETITIONS: When any petition for the promulgation, amendment or repeal of any rule has been denied in whole or in part, a subsequent petition covering substantially the same subject matter will not be considered by the Commission for one year after the denial except for good cause shown.4 Neb. Admin. Code, ch. 1, § (3)