84-904. Review of rules and regulations by state agencies; reports; suspend rulemaking and regulationmaking; when.

311 words·~1 min read·/ne/chapter-84/84-904

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Beginning January 1, 2026, each agency shall begin a review of all existing and pending rules and regulations. Every rule or regulation shall be reviewed every five years.

(2)Each agency head shall designate an individual who is responsible for oversight of the review.

(3)Each agency shall submit electronically a detailed report of its findings along with any supporting documentation to the Clerk of the Legislature on or before June 30 of each year for reviews conducted in the previous year. The report shall indicate whether:

(a)The rule or regulation is essential to the health, safety, or welfare of the public;

(b)The costs of the rule or regulation outweigh the benefits;

(c)The agency has a process in place to measure the effectiveness of the rule or regulation;

(d)A less restrictive alternative has been considered; and

(e)The rule or regulation was promulgated as the result of a

(i)state statutory requirement,

(ii)federal mandate, or

(iii)court decision.

(4)Upon receipt of the agency reports required by this section, the Reference Committee of the Legislature shall reference each report to the appropriate standing committee of the Legislature based on each committee's jurisdictional oversight. The standing committee shall review the agency report and submit a report electronically to the Clerk of the Legislature by December 15 of such year. Each such committee report shall include recommendations for legislation, if necessary, to clarify any rule or regulation or provide recommendations for clarifications to any rule or regulation.

(5)Agency rulemaking and regulationmaking authorized by the Administrative Procedure Act shall be suspended during the pendency of the agency review process mandated by this section with the exception of any proposed rule or regulation that:

(a)Affects the health, safety, or welfare of the public;

(b)Is time sensitive; or

(c)Is subject to state or federal statutory deadlines.