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Proposed Rules & Regulations Docket


When a proposed rule or regulation, from this docket, has completed the entire process it is filed with the Secretary of State, becomes effective five days following receipt, and is incorporated in the Nebraska Administrative Code

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Agency Title Short Description Secretary of State Received Hearing Notice Scheduled Hearing Date Attorney General Office Received Attorney General Office Decision Governor's Policy Research Office Received Governor Decision Filed at Secretary of State Effective Date
    AGRICULTURE, DEPARTMENT OF
AGRICULTURE, DEPARTMENT OF Title: 019   Chapter(s): 004 & 005  
 
Practice and Procedure Regulations & Negotiated Rulemaking Practice and Procedure Regulations 08-30-2021

 
1 hearing on 10-04-2021
 
AGRICULTURE, DEPARTMENT OF Title: 023   Chapter(s): 001 - 004, 009, 014 - 017, 019, & 021  
 
Repealing chapters 1, 2, 3, 4, 9, 14, 15, 16, 17, 19, and adopting Chapter 21 07-13-2021

 
1 hearing on 08-26-2021
 
09-09-2021

 
AGRICULTURE, DEPARTMENT OF Title: 025   Chapter(s): 008  
 
Industrial Hemp Regulations 08-17-2021

 
1 hearing on 09-30-2021
 
AGRICULTURE, DEPARTMENT OF Title: 027   Chapter(s): 001 - 003, & 010  
 
Weights and Measures Regulations 08-17-2021

 
1 hearing on 09-30-2021
 
AGRICULTURE, DEPARTMENT OF Title: 029   Chapter(s): 002  
 
Livestock Friendly County Regulations 08-30-2021

 
1 hearing on 10-04-2021
 
    BANKING & FINANCE, DEPT. OF
BANKING & FINANCE, DEPT. OF Title: 046   Chapter(s): 001, 002, 003, 007, 008, 010, 011  
 
Title 46 Chapters 001, 002, 003 (ADOPT); Chapters 007, 008, 010, 011 (REPEAL) 08-02-2022

 
1 hearing on 09-22-2022
 
    BARBER EXAMINERS, BOARD OF
BARBER EXAMINERS, BOARD OF Title: 051   Chapter(s): 001, 002, 003, 004  
 
Changes regarding eliminating Booth Rental Permits 06-08-2022

 
1 hearing on 07-24-2022
 
07-28-2022

 
    EDUCATION, DEPARTMENT OF
EDUCATION, DEPARTMENT OF Title: 092   Chapter(s): 020  
 
Regulations for the Approval of Educator Preparation Programs. 06-22-2022

 
1 hearing on 07-26-2022
 
EDUCATION, DEPARTMENT OF Title: 092   Chapter(s): 024  
 
Regulations for Certificate Endorsements 05-27-2021

 
1 hearing on 07-07-2021
 
08-10-2021

 
12-10-2021

 
12-10-2021
Received for Additional Review

 
06-24-2022
Not Approved Regulation Returned to Agency

 
    ENGINEERS AND ARCHITECTS, BOARD OF
ENGINEERS AND ARCHITECTS, BOARD OF Title: 110   Chapter(s): 002, 006, 009, 010  
 
Title 110 Rules and Regulations 07-05-2022

 
1 hearing on 08-05-2022
 
08-10-2022

 
    ENVIRONMENTAL QUALITY, DEPARTMENT OF
ENVIRONMENTAL QUALITY, DEPARTMENT OF Title: 129   Chapter(s): 001-043  
 
Amendments to Title 129 - Nebraska Air Quality Regulations consolidate, clarify, and update regulations for air pollution control, including, but not limited to, permitting, air quality standards, emissions limitations, testing, monitoring, and compliance. 02-22-2022

 
1 hearing on 03-30-2022
 
    GAME AND PARKS COMMISSION
GAME AND PARKS COMMISSION Title: 163   Chapter(s): 002   Section(s): 006
 
Section 006 Rules relating to Sport Fish definitions, bag, possession and length limits, snapping turtles, mussels, transport and possession, archery fishing, paddlefish, underwater spearfishing, set lines, limb lines, ice fishing, snagging, refuge lakes, border waters, legal nets, and special areas. 05-13-2022

 
1 hearing on 06-17-2022
 
06-29-2022

 
07-08-2022
Received for Additional Review

 
07-22-2022

 
07-22-2022

 
07-27-2022

 
GAME AND PARKS COMMISSION Title: 163   Chapter(s): 002   Section(s): 012
 
Aquatic Invasive Species Regulations 07-22-2021

 
1 hearing on 08-27-2021
 
09-21-2021

 
12-20-2021
Not Approved Regulation Returned to Agency

 
GAME AND PARKS COMMISSION Title: 163   Chapter(s): 004   Section(s): 001
 
Section 001 General Regulations Governing Wildlife Species to add options for landowners to identify the land they own or lease after January 2023. 05-13-2022

 
1 hearing on 06-17-2022
 
06-29-2022

 
07-08-2022
Received for Additional Review

 
07-22-2022

 
07-22-2022

 
07-27-2022

 
GAME AND PARKS COMMISSION Title: 163   Chapter(s): 004   Section(s): 037
 
Wildlife Regulations, Section 037 Mountain Lions. To make changes to season and auxiliary dates and adjust the number of permits issued during the lottery. 05-13-2022

 
1 hearing on 06-17-2022
 
06-29-2022

 
07-08-2022
Received for Additional Review

 
07-22-2022

 
07-22-2022

 
07-27-2022

 
    HEALTH AND HUMAN SERVICES
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 001  
 
Title 172 Chapter 001 (AMEND): Rules of Practice and Procedure Governing Reinstatement of a Health Professional License 07-25-2022

 
1 hearing on 09-06-2022
 
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 003  
 
AMENDMENTS: Regulations Establishing Definitions of Conflict of Interest for Members of the Boards of Examiners in the Health Professions. 09-04-2019

 
1 hearing on 10-17-2019
 
03-02-2020

 
04-19-2022
Not Approved Regulation Returned to Agency

 
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 044, 045, 046  
 
AMENDMENTS: Chapter 44 - Practice of Body Art. REPEAL: Chapter 45 - Body Art Facilities. Chapter 46 - Safety, Sanitation and Sterilization Relating to Body Art Facilities. 08-30-2019

 
1 hearing on 10-10-2019
 
07-20-2022
Process Terminated Regulation Not Approved
Process Terminated by Agency
 
07-20-2022
Process Terminated Regulation Not Approved
Process Terminated by Agency
 
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 044, 045, 046  
 
Title 172 Chapters 44 (AMEND), 45 (REPEAL), 46 (REPEAL): Practice of Body Art Facilities, and Safety, Sanitation and Sterilization Relating to Body Art Facilities 07-20-2022

 
1 hearing on 08-29-2022
 
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 095  
 
Administration of Medications by Medication Aides and Medication Staff 12-20-2021

 
1 hearing on 01-31-2022
 
06-15-2022

 
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 096  
 
Medication Aide Registry 12-20-2021

 
1 hearing on 02-01-2022
 
06-15-2022

 
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 108  
 
Approval of Training Programs and Qualifications for Nursing Assistants in Nursing Homes 01-03-2022

 
01-03-2022

 
1 hearing on 02-14-2022
 
06-15-2022

 
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 131 and 134  
 
172 NAC 131 – Wholesale Drug Distributors: The proposed changes remove all duplicative statutory language from the regulations and remove any repetitive regulatory language found in 172 NAC 10. Proposed changes also include: updating definitions; incorporating federal requirements regarding license applications and standards for engaging in wholesale drug distribution; and removing language prescribing procedures and other requirements for the Department.;172 NAC 134 – Delegated Dispensing Permits:The proposed changes remove all duplicative statutory language from the regulations and remove any repetitive regulatory language found in 172 NAC 10. Additional proposed changes include: updating definitions; consolidating language; removing procedural language; revising the staffing requirements for delegated dispensing permits; and restructuring the regulations. Additionally, the proposed changes update all citations making reference to statutes or other regulations. 08-27-2020

 
1 hearing on 10-08-2020
 
07-27-2022
Process Terminated Regulation Not Approved
Process terminated by agency
 
07-27-2022
Process Terminated Regulation Not Approved
Process terminated by agency
 
HEALTH AND HUMAN SERVICES Title: 172   Chapter(s): 131, 134  
 
Title 172 Chapters 131, 134 (AMEND): Wholesale Drug Distributors and Delegated Dispensing Permits 07-27-2022

 
1 hearing on 09-07-2022
 
HEALTH AND HUMAN SERVICES Title: 173   Chapter(s): 002  
 
Rules & Regulations Governing Care of Tuberculous Person 07-09-2021

 
1 hearing on 08-17-2021
 
09-28-2021

 
06-22-2022

 
06-28-2022
Received for Additional Review

 
07-14-2022

 
07-14-2022

 
07-19-2022

 
HEALTH AND HUMAN SERVICES Title: 173   Chapter(s): 007  
 
Title 173 Chapter 007 (AMEND): School Health Screening, Physical Examination, and Visual Evaluation 07-25-2022

 
1 hearing on 09-06-2022
 
HEALTH AND HUMAN SERVICES Title: 174   Chapter(s): 001  
 
Compilation of Information Submitted on Abortion Reporting. 07-07-2021

 
1 hearing on 08-16-2021
 
09-27-2021

 
12-09-2021

 
12-20-2021
Received for Additional Review

 
HEALTH AND HUMAN SERVICES Title: 174   Chapter(s): 003  
 
Viewing and Release of Vital Records 12-27-2021

 
1 hearing on 02-08-2022
 
03-23-2022

 
HEALTH AND HUMAN SERVICES Title: 174   Chapter(s): 004  
 
Regulations Governing Amendment of Marriage and Dissolution of Marriage Records. 12-27-2021

 
1 hearing on 02-08-2022
 
03-23-2022

 
HEALTH AND HUMAN SERVICES Title: 174   Chapter(s): 009  
 
Original and Delayed Birth Certificates 07-21-2021

 
1 hearing on 08-30-2021
 
09-27-2021

 
12-22-2021

 
01-18-2022
Received for Additional Review

 
HEALTH AND HUMAN SERVICES Title: 175   Chapter(s): 001  
 
General Facility and Services 10-20-2021

 
10-20-2021

 
1 hearing on 11-29-2021
 
12-20-2021

 
03-15-2022
Correction: AG Approval Date - 3/15/22
 
03-18-2022

 
03-21-2022
Received for Additional Review

 
HEALTH AND HUMAN SERVICES Title: 178   Chapter(s): 022  
 
Title 178 Chapter 22 (AMEND): Asbestos Projects 07-20-2022

 
1 hearing on 08-29-2022
 
HEALTH AND HUMAN SERVICES Title: 178   Chapter(s): 023  
 
Title 178 Chapter 023 (AMEND): Lead-Based Paint Activities 08-08-2022

 
1 hearing on 09-19-2022
 
HEALTH AND HUMAN SERVICES Title: 178   Chapter(s): 024  
 
Methamphetamine Cleanup 06-23-2022

 
1 hearing on 08-04-2022
 
HEALTH AND HUMAN SERVICES Title: 179   Chapter(s): 020  
 
Title 179 Chapter 020 (AMEND): Laboratory Certification and Agreement Requirements for Testing Drinking Water 07-27-2022

 
1 hearing on 09-07-2022
 
HEALTH AND HUMAN SERVICES Title: 180   Chapter(s): 011  
 
Requirements for Radon & Radon Progeny Measurement & Mitigation Services 01-24-2022

 
1 hearing on 03-03-2022
 
HEALTH AND HUMAN SERVICES Title: 180   Chapter(s): 013  
 
Title 180 Chapter 13 (AMEND) Transportation of Radioactive Material 07-18-2022

 
1 hearing on 08-25-2022
 
HEALTH AND HUMAN SERVICES Title: 180   Chapter(s): 024  
 
Title 180 Chapter 024 (AMEND) Physical Protection of Radioactive Material 07-18-2022

 
1 hearing on 08-25-2022
 
HEALTH AND HUMAN SERVICES Title: 184   Chapter(s): 001, 002, 003, 004, 005, 006  
 
Title 184 Chapters 001, 006 (AMEND); Chapters 002, 003, 004, 005 (REPEAL): Rules of Practice and Procedure of the Department of Health for Administrative Hearings 08-09-2022

 
1 hearing on 09-19-2022
 
HEALTH AND HUMAN SERVICES Title: 404   Chapter(s): 001 - 011  
 
Developmental Disabilities Services 08-18-2021

 
1 hearing on 09-27-2021
 
07-11-2022

 
HEALTH AND HUMAN SERVICES Title: 465   Chapter(s): 001 - 006  
 
Introduction to the Program Manual 10-20-2021

 
1 hearing on 11-29-2021
 
01-13-2022

 
HEALTH AND HUMAN SERVICES Title: 468   Chapter(s): 001-005, 006  
 
Aid to Dependent Children. AMENDMENTS: Chapters 1-5. REPEAL: Chapter 6 09-05-2019

 
1 hearing on 11-12-2019
 
01-03-2020

 
02-18-2021

 
02-24-2021
Received for Additional Review

 
HEALTH AND HUMAN SERVICES Title: 471   Chapter(s): 007  
 
Durable Medical Equipment, Prosthetics, Orthotics, and Medical Supplies (DMEPOS). 06-23-2022

 
1 hearing on 08-08-2022
 
HEALTH AND HUMAN SERVICES Title: 471   Chapter(s): 011  
 
Indian Health Service and Tribal 638 Facilities 07-19-2021

 
1 hearing on 08-26-2021
 
09-08-2021

 
11-05-2021

 
11-18-2021
Received for Additional Review

 
05-19-2022
Not Approved Regulation Returned to Agency

 
HEALTH AND HUMAN SERVICES Title: 472   Chapter(s): 001-004  
 
Chapters 1-3 AMEND; Chapter 4 REPEAL; Disabled Persons and Family Support Program 10-27-2020

 
1 hearing on 12-07-2020
 
12-21-2020

 
09-23-2021

 
09-30-2021
Received for Additional Review

 
07-18-2022
Not Approved Regulation Returned to Agency

 
HEALTH AND HUMAN SERVICES Title: 479   Chapter(s): 001, 002, 003  
 
Title 479 NAC 1 – Maintenance Payments and Guardianship Accounts The proposed changes will streamline the regulations by removing any repeated statutory language from the regulations; removing any direction to agency staff from the regulations; and consolidating three chapters of regulations into one. Other proposed changes include: updating definitions; incorporating and updating amendments to the provision related to supervised independent living and simplifying the requirements for the collection of overpayments. In addition, the proposed changes also revise the methodology used to calculate mileage reimbursement for foster parents; clarify Department management of Guardianship accounts for state wards; modify the stipend provided to children in independent living; and establish payment rates for costs associated with caring for a baby or minor child residing with a parent in foster care and payment rates for a baby or minor child living with a parent participating in Bridge to Independence. The following regulation is proposed for REPEAL in its entirety. Title 479 NAC 2 – Requirements for a Maintenance Payment for a Department Ward The following regulation is proposed for REPEAL in its entirety. The relevant portions of this chapter are included in the proposed amendment to 479 NAC 1. Title 479 NAC 3 – Requirements for a Maintenance Payment for Court and Tribal Wards 09-04-2020

 
1 hearing on 10-19-2020
 
11-13-2020

 
01-14-2021

 
01-19-2021
Received for Additional Review

 
09-30-2021
Regulation Returned to Agency at Its Request

 
    INSURANCE, DEPARTMENT OF
INSURANCE, DEPARTMENT OF Title: 210   Chapter(s): 002, 013, 021, 023, 025, 047, 078, 085, 086  
 
Repeal of Chapters 2, 13, 21, 23, 25, 78, 85, 86. Revision of Chapter 47 GROUP SELF-INSURANCE RULE IMPLEMENTING THE INTERGOVERNMENTAL RISK MANAGEMENT ACT. 06-27-2022

 
1 hearing on 08-10-2022
 
    LABOR, DEPARTMENT OF
LABOR, DEPARTMENT OF Title: 219   Chapter(s): 019, 021  
 
Chapter 019: Short-Time Compensation Program Chapter 021: Investigations under NRS งง48-663.01 to 48-665.01 06-15-2022

 
1 hearing on 07-25-2022
 
LABOR, DEPARTMENT OF Title: 224   Chapter(s): 001  
 
Chapter 001: Appeals Procedure 06-15-2022

 
1 hearing on 07-25-2022
 
    LAND SURVEYORS, BOARD OF EXAMINERS
LAND SURVEYORS, BOARD OF EXAMINERS Title: 234   Chapter(s): 001-013  
 
Title 234 Rules and Regulations 04-11-2022

 
1 hearing on 05-19-2022
 
05-19-2022

 
05-23-2022

 
06-01-2022

 
06-30-2022
Received for Additional Review

 
    LIQUOR CONTROL COMMISSION
LIQUOR CONTROL COMMISSION Title: 237   Chapter(s): 6  
 
Adopt Amendments to Rule 237-LCC (Licensee Operations) 12-29-2020

 
1 hearing on 03-02-2021
 
06-01-2021

 
06-13-2022
Not Approved Regulation Returned to Agency
Returned to Agency for Substantial Changes.
 
LIQUOR CONTROL COMMISSION Title: 237   Chapter(s): 7   Section(s): 2
 
Adopt Amendments to Rule 237-LCC7-002 (Record Retention). 12-29-2020

 
1 hearing on 03-02-2021
 
06-01-2021

 
06-13-2022
Not Approved Regulation Returned to Agency
Returned to Agency for Substantial Changes.
 
    MOTOR VEHICLES, DEPARTMENT OF
MOTOR VEHICLES, DEPARTMENT OF Title: 247   Chapter(s): 001  
 
Title 247 Chapter 001 (AMEND): Rules and Regulations Governing Notice and Hearing for Agency Contested Cases Pursuant to the Administrative License Revocation Statutes. 08-12-2022

 
1 hearing on 09-21-2022
 
MOTOR VEHICLES, DEPARTMENT OF Title: 247   Chapter(s): 006  
 
Title 247 Chapter 006 (AMEND): Rules and Regulations Governing the Motorcycle Safety Program 07-21-2022

 
1 hearing on 09-21-2022
 
MOTOR VEHICLES, DEPARTMENT OF Title: 247   Chapter(s): 012  
 
Title 247 Chapter 012 (AMEND): Rules and Regulations Governing the Department of Motor Vehicles Recommendations to the Board of Pardons for Reprieve of Operator's License Revocations 07-21-2022

 
1 hearing on 09-21-2022
 
    NATURAL RESOURCES, DEPARTMENT OF
NATURAL RESOURCES, DEPARTMENT OF Title: 261   Chapter(s): 001, 002, 003  
 
Amendments to 261 NAC 001, 002, 003 Rules governing the administration of the Water Sustainability Fund. 06-10-2022

 
1 hearing on 07-13-2022
 
    OIL AND GAS CONSERVATION COMMISSION
OIL AND GAS CONSERVATION COMMISSION Title: 267   Chapter(s): 001, 003, 006, & 007  
 
Geologic Storage of Carbon Dioxide 12-14-2021

 
1 hearing on 01-25-2022
 
03-07-2022

 
05-09-2022

 
07-01-2022
Received for Additional Review

 
07-22-2022

 
07-22-2022

 
07-27-2022

 
    PATROL, NEBRASKA STATE
PATROL, NEBRASKA STATE Title: 272   Chapter(s): 021  
 
Concealed Handgun Permits 02-16-2022

 
1 hearing on 03-24-2022
 
04-01-2022

 
06-16-2022

 
06-23-2022
Received for Additional Review

 
07-14-2022

 
07-14-2022

 
07-19-2022

 
    POSTSECONDARY EDUCATION, COORDINATING COMMISSION FOR
POSTSECONDARY EDUCATION, COORDINATING COMMISSION FOR Title: 281   Chapter(s): 006, 012  
 
Title 281 Chapter 006 (AMEND): Rules and Regulations Concerning the Access College Early Scholarship Program Act ; Title 281 Chapter 012 (AMEND): Rules of Practice 07-28-2022

 
1 hearing on 08-29-2022
 
    PUBLIC SERVICE COMMISSION
PUBLIC SERVICE COMMISSION Title: 291   Chapter(s): 003  
 
R&R 206: Title 291 Ch 3 Motor Carrier Rules and Regulations in accordance with LB 734 (2020) 07-15-2021

 
1 hearing on 08-24-2021
 
06-03-2022

 
07-11-2022

 
07-25-2022
Received for Additional Review

 
    SECRETARY OF STATE
SECRETARY OF STATE Title: 431   Chapter(s): 001, 002  
 
Title 431 Chapters 001 & 002 (AMEND): State Records Board 08-01-2022

 
1 hearing on 09-13-2022
 
SECRETARY OF STATE Title: 433   Chapter(s): 009  
 
Title 433 Chapter 009 (NEW): Home Inspector Regulations 07-29-2022

 
1 hearing on 09-13-2022
 
    TRANSPORTATION, DEPARTMENT OF
TRANSPORTATION, DEPARTMENT OF Title: 428   Chapter(s): 004  
 
Repeal of 428 NAC 4 - Instruction Manual for Standardized System of Annual Reporting Road, Street, and Highway Programs 06-30-2022

 
1 hearing on 08-03-2022