Administrative procedures clarified

State agencies will have more direction and clarity regarding the promulgation of rules and regulations under a bill passed April 12.

LB867, introduced by the Legislative Performance Audit Committee, amends the Administrative Procedures Act (APA).

Among other provisions, the bill amends the definition of rule or regulation and clarifies that internal procedural documents used to guide agency staff on organization and operations, guidance documents and forms and instructions are not classified as rules under the APA.

The bill also exempts style, format and citation changes from public notice and hearing requirements. Security policies and procedures that, if released, would endanger public safety also are exempted.

The bill creates short-term emergency rules, which can be adopted outside of normal APA procedures and require the governor’s approval. An emergency rule would remain in effect for 90 days and could be made permanent only through the full promulgation process.

Factors that an agency could consider in determining whether emergency rulemaking is necessary are limited to imminent peril to public health, safety or welfare or the unforeseen loss of federal funding for an agency program.

Rules and regulations made under the emergency rulemaking procedures will be filed with the secretary of state’s office and published on the agency’s website. Exemptions to the formal rulemaking requirements outlined in the bill may not be used if a change would alter the rights or obligations of the public.

The bill also requires the state Department of Correctional Services to develop rules and regulations for circumstances in which an inmate is outside of a correctional facility.

LB867 passed on a 33-0 vote.