(1) No rule or regulation of any agency shall be valid as against any person until five days after such rule or regulation has been filed with the Secretary of State except for rules and regulations adopted, amended, or repealed pursuant to section 84-901.04. No rule or regulation required under the Administrative Procedure Act to be filed with the Secretary of State shall remain valid as against any person until the certified copy of the rule or regulation has been so filed on the date designated and in the form prescribed by the Secretary of State. The filing of any rule or regulation shall give rise to a rebuttable presumption that it was duly and legally adopted.
(2) A rule or regulation adopted after August 1, 1994, shall be invalid unless adopted in substantial compliance with the provisions of the act, except that inadvertent failure to mail a notice of the proposed rule or regulation to any person shall not invalidate a rule or regulation.
(3) Any action to contest the validity of a rule or regulation on the grounds of its noncompliance with any provision of the act shall be commenced within four years after the effective date of the rule or regulation.
(4) The changes made to the act by Laws 1994, LB 446, shall not affect the validity or effectiveness of a rule or regulation adopted prior to August 1, 1994, or noticed for hearing prior to such date.
(5) The changes made to the act by Laws 2005, LB 373, shall not affect the validity or effectiveness of a rule or regulation adopted prior to October 1, 2005, or noticed for hearing prior to such date.
Notes of Decisions
DLH, Inc. v. Nebraska Liquor Control Comm'n, 665 N.W.2d 629 (Neb. 2003).
· cites it 10× “The initial question is which party bears the burden of showing that a regulation is, or is not, within the authority delegated to an administrative agency.”
McAllister v. Nebraska Dep't of Corr. Servs., 573 N.W.2d 143 (Neb. 1998).
· cites it 5× “” We have previously indicated that according to the plain meaning of § 84-906, it is irrelevant whether or not an individual has actually been prejudiced by an agency’s failure to file a rule or regulation with the Secretary of State.”
Application of Farmers Irrigation Dist., 194 N.W.2d 788 (Neb. 1972).
· cites it 4× “" Section 84-906, R.R.S.1943, provides in part as follows: "No rule required under this act to be filed with the Secretary of State shall be valid as against any person until the certified copy of the rule shall have been so filed; and, unless otherwise specifically provided by…”
Abbott v. Dep't of Motor Vehs., 522 N.W.2d 421 (Neb. 1994).
· cites it 2× “Neb. Rev. Stat. § 84-906 (Reissue 1987) provides in part: “No rule or regulation of any agency shall be valid as against any person until five days after such rule or regulation has been filed with the Secretary of State.”
Loup City Pub. Schs. v. Nebraska Dep't of Revenue, 562 N.W.2d 551 (Neb. 1997).
· cites it 2× “We held that Neb. Rev. Stat. § 84-906 (Reissue 1987) provided the consequences for failing to adopt rules and regulations: “ ‘No rule or regulation of any agency shall be valid as against any person until five days after such rule or regulation has been filed with the Secretary…”
Nissen v. Nebraska Dep't of Corr. Servs., 602 N.W.2d 672 (Neb. Ct. App. 1999).
· cites it 2× “05 of the Administrative Procedure Act to provide that “[e]very court of this state may take judicial notice of any rule or regulation that is signed by the Governor and filed with the Secretary of State pursuant to section 84-906.” Where, as here, an amendment to a statute…”
— Neb. Rev. Stat. § 84-906(1) — 2 cases
DLH, Inc. v. Nebraska Liquor Control Comm'n, 665 N.W.2d 629 (Neb. 2003).
“The initial question is which party bears the burden of showing that a regulation is, or is not, within the authority delegated to an administrative agency.”
— Neb. Rev. Stat. § 84-906(4) — 1 case
DLH, Inc. v. Nebraska Liquor Control Comm'n, 665 N.W.2d 629 (Neb. 2003).
“The initial question is which party bears the burden of showing that a regulation is, or is not, within the authority delegated to an administrative agency.”
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