48-2509 Rules and regulations; commissioner; variance authorized; appeal. - Nebraska Statutes

48-2509. Rules and regulations; commissioner; variance authorized; appeal.(1) The commissioner shall adopt and promulgate rules and regulations which establish the regulations for conveyances under the Conveyance Safety Act. The rules and regulations may include the Safety Code for Elevators and Escalators, American Society of Mechanical Engineers A17.1 except those parts exempted under section 48-2508; the standards for conveyors and related equipment, American Society of Mechanical Engineers B20.1; and the Automated People Mover Standards, American Society of Civil Engineers 21. The commissioner shall annually review to determine if the most current form of such standards should be adopted.(2) The commissioner may grant a variance from the rules and regulations adopted in subsection (1) of this section in individual situations upon good cause shown if the safety of those riding or using the conveyance is not compromised by the variance. The commissioner shall adopt and promulgate rules and regulations for the procedure to obtain a variance. The committee shall make recommendations to the commissioner regarding each variance requested. The decision of the commissioner in granting or refusing to grant a variance may be appealed. The appeal shall be in accordance with the Administrative Procedure Act. SourceLaws 2006, LB 489, § 9. Cross ReferencesAdministrative Procedure Act, see section 84-920.