84-907.10 Member of the Legislature; complaint; procedure. - Nebraska Statutes

84-907.10. Member of the Legislature; complaint; procedure.(1) After an agency submits a copy of each amendment or rule or regulation pursuant to section 84-907.06, or any time thereafter, any member of the Legislature who feels aggrieved by the amendment, rule, or regulation or believes that the amendment, rule, or regulation is in excess of the statutory authority or jurisdiction of the agency, is unconstitutional, or is inconsistent with the legislative intent of the authorizing statute may file a complaint with the Chairperson of the Executive Board of the Legislative Council. The complaint shall explain in detail the member's contentions.(2) The chairperson of the executive board or a committee staff member of the executive board shall refer the complaint to the chairperson of the standing committee of the Legislature which has subject matter jurisdiction over the issue involved in the rule or regulation or which has traditionally handled the issue and, if practicable, to the member of the Legislature who was the primary sponsor of the legislative bill that granted the agency the rulemaking authority if the member is still serving or, if the legislative bill was amended to include the rulemaking authority, to the primary sponsor of the amendment granting rulemaking authority if the member is still serving.(3) The standing committee and primary sponsor of the legislative bill or amendment granting rulemaking authority may consider the complaint and, if such committee or primary sponsor concludes that the complaint has merit, then such committee or primary sponsor may request a written response from the agency which shall include, but not be limited to (a) a description of the amendment or rule or regulation, (b) when applicable, a description of the legislative intent of the statute granting the agency rulemaking authority and a statement explaining how the amendment or rule or regulation is consistent with legislative intent, (c) if the description required in subdivision (b) of this subsection is inapplicable, an explanation as to why the amendment or rule or regulation is necessary, and (d) an explanation of the extent to which and how any public comment was taken into consideration by the agency with respect to the amendment or rule or regulation. The agency shall respond within sixty days of a request, and such response shall be a public record.(4) Nothing in this section shall be construed to prohibit the adoption or promulgation of the rule or regulation in accordance with other sections of the Administrative Procedure Act. SourceLaws 2005, LB 373, § 7.