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Nebraska Revised Statutes Chapter 84. State Officers § 84-911. Validity of rule or regulation; declaratory judgment; procedure

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) The validity of any rule or regulation may be determined upon a petition for a declaratory judgment if it appears that the rule or regulation or its threatened application interferes with or impairs or threatens to interfere with or impair the legal rights or privileges of the petitioner. The petition shall be filed in the district court for any county in which venue is proper under subsection (3) of this section. The agency shall be made a party to the proceeding. The declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule or regulation in question.

(2)(a) The court shall declare the rule or regulation invalid if it finds that it violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with the statutory procedures.

(b) For purposes of this subsection, statutory procedures shall not include procedures provided under the Negotiated Rulemaking Act.

(3) Venue for filing a petition under this section shall be proper in any of the following counties in Nebraska:

(a) The county where the petitioner resides;

(b) The county where the petitioner's principal place of business is located;

(c) Lancaster County; or

(d) The county in which the agency has its headquarters.

(4) An agency shall not take any action to restrict venue in contravention of this section.

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Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 84. State Officers § 84-911. Validity of rule or regulation; declaratory judgment; procedure - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-84-state-officers/ne-rev-st-sect-84-911/

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