Title 41 — State Government

A. In addition to the exemptions stated in section 41-1005, this article does not apply to: 1. An agency which is a unit of state government headed by a single elected official. 2. The corporation commission, which shall adopt substantially similar rule review procedures, includi…

A. In a contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice. Unless otherwise provided by law, the notice shall be given at least twenty days before the date set for the hearing. B. The notice shall include: 1. A statement of the tim…

A. Unless otherwise provided by law, in contested cases the following shall apply: 1. A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Neither the manner of conducting the hearing nor the failure to …

Unless otherwise provided by law, any final decision or order adverse to a party in a contested case shall be in writing or stated in the record. Any final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statuto…

A. When the grant, denial or renewal of a license is required to be preceded by notice and an opportunity for a hearing, the provisions of this article concerning contested cases apply. B. When a licensee has made timely and sufficient application for the renewal of a license or …

Proceedings for licenses or permits on application when not required by law to be preceded by notice and opportunity for hearing shall be governed by the provisions of the law relating to the particular agency, provided that when an application for a license or permit is denied u…

A. A person may not refuse to attend and testify or produce evidence sought by an agency in an action, proceeding or investigation instituted by or before the agency on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate hi…

This article only applies to contested cases of agencies that are exempt from article 10 of this chapter as provided in section 41-1092.02.

At any stage, any action or proceeding before any state agency, board, commission or administrative tribunal involving a person on active duty in the military service of the United States or this state as a necessary party, which occurs during such period of service or within six…

In this article, unless the context otherwise requires: 1. "Administrative completeness review time frame" means the number of days from agency receipt of an application for a license until an agency determines that the application contains all components required by statute or r…

A. No later than December 31, 1998, an agency that issues licenses shall have in place final rules establishing an overall time frame during which the agency will either grant or deny each type of license that it issues. Agencies shall submit their overall time frame rules to the…

A. An agency shall issue a written notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. B. If an agency determines that an application for a license is not administratively complete, the agen…

A. During the substantive review time frame, an agency may make one comprehensive written request for additional information. The agency and applicant may mutually agree in writing to allow the agency to submit supplemental requests for additional information. If an agency issues…

Unless an agency and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to section 41-1075, an agency shall issue a written notice granting or denying a license within the overall time frame to an applicant. I…

A. If an agency does not issue to an applicant the written notice granting or denying a license within the overall time frame or within the time frame extension pursuant to section 41-1075, the agency shall refund to the applicant all fees charged for reviewing and acting on the …

A. An agency that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license: 1. A list of all of the steps the applicant is required to take in order to obtain the license. 2. The applicable licensing ti…

A. Subject to subsections C and D of this section, an agency or political subdivision of this state shall not issue a license to an individual if the individual does not provide documentation of citizenship or alien status by presenting any of the following documents to the agenc…

A. Except for an individual who applies for a license pursuant to title 36, chapter 4, article 10 or chapter 28.1, an agency shall waive any fee charged for an initial license for any of the following individuals if the individual is applying for that specific license in this sta…

A. No agency may enter into or amend any delegation agreement unless the delegation agreement clearly sets forth all of the following: 1. Each function, power or duty being delegated by the agency, the term of the agreement and the procedures for terminating the agreement. 2. The…

A. By January 1, 1995, each state agency shall compile and make public a list of all delegation agreements that it has entered into with political subdivisions and a list of all subdelegation agreements to the delegation agreements. Upon request and for a reasonable cost, a perso…

No political subdivision may assess any fee, tax or other assessment in the exercise of its delegated authorities pursuant to any delegation agreement unless the delegation agreement specifically authorizes the fee, tax or other assessment or the political subdivision is otherwis…

No political subdivision that exercises delegated authority pursuant to a delegation agreement may subdelegate its delegated authority to another agency or political subdivision without first notifying the delegating agency.

A. An agency shall file substantive policy statements pursuant to section 41-1013, subsection B. B. An agency shall ensure that the first page of each substantive policy statement includes the following notice: This substantive policy statement is advisory only. A substantive pol…

An agency shall post on the agency's website: 1. The full text of each rule currently in use or the website address and location of the full text of each rule currently in use. 2. Each substantive policy statement currently in use, including its full text, if practicable. 3. The …

In this article, unless the context otherwise requires: 1. "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and …

A. An office of administrative hearings is established. B. The governor shall appoint the director pursuant to section 38-211. At a minimum, the director shall have the experience necessary for appointment as an administrative law judge. The director also shall possess supervisor…

A. This article applies to all contested cases as defined in section 41-1001 and all appealable agency actions, except contested cases with or appealable agency actions of: 1. The state department of corrections. 2. The board of executive clemency. 3. The industrial commission of…

A. Except as provided in subsection D of this section, an agency shall serve notice of an appealable agency action or contested case pursuant to section 41-1092.04. The notice shall: 1. Identify the statute or rule that is alleged to have been violated or on which the action is b…

Unless otherwise provided in this article, every notice or decision under this article shall be served by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice on the agency and every other party to the…

A. Except as provided in subsections B and C, hearings for: 1. Appealable agency actions shall be held within sixty days after the notice of appeal is filed. 2. Contested cases shall be held within sixty days after the agency's request for a hearing. B. Hearings for appealable ag…

A. If requested by the appellant of an appealable agency action or the respondent in a contested case, the agency shall hold an informal settlement conference within fifteen days after receiving the request. A request for an informal settlement conference shall be in writing and …

A. A party to a contested case or appealable agency action is entitled to one peremptory change of administrative law judge. A party to a contested case or appealable agency action shall also be authorized to file a nonperemptory motion with the director to disqualify an administ…

A. The administrative law judge of the office shall issue a written decision within twenty days after the hearing is concluded. The written decision shall contain a concise explanation of the reasons supporting the decision, including the findings of fact and conclusions of law. …

A. Except as provided in subsection B of this section: 1. A party may file a motion for rehearing or review within thirty days after service of the final administrative decision. 2. The opposing party may file a response to the motion for rehearing within fifteen days after the d…

A. A person may not refuse to attend and testify or produce evidence sought by an agency in an action, proceeding or investigation instituted by or before the agency on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incrimi…

A. If a licensee makes timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the app…

A. If an agency takes an action against a party that is arbitrary, capricious or not in accordance with law, the action is an appealable agency action if all of the following apply: 1. Within ten days after receiving notification of the action that is arbitrary, capricious or not…

In this article, unless the context otherwise requires: 1. "Health, safety or welfare": (a) Means the protection of members of the public against harm, fraud or loss, including the preservation of public security, order or health. (b) Does not include the protection of existing b…

An agency shall limit all occupational regulations to regulations that are demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern.

A. Any individual harmed by an occupational regulation may petition an agency to repeal or modify any occupational regulation within the agency's jurisdiction. B. Within ninety days after a petition is filed, the agency shall repeal the occupational regulation, modify the occupat…

A. Whether or not a petition is filed pursuant to section 41-1093.02, any individual may file an action in a court of general jurisdiction to challenge an occupational regulation. B. To prevail in an action challenging the occupational regulation, the court must find by a prepond…

A. A person with a criminal record may petition an agency, at any time, including before obtaining any required education or experience, taking any examination or paying any fee, for a determination of whether the person's criminal record disqualifies the person from obtaining a …

An agency shall prominently post the following on the agency's website and print on a license application, a communication denying a license, a cease and desist order or any other communication in which the agency asserts that a person is required to obtain a license: Notice: Pur…

1. The regular occupational license for which the applicant applied. 2. A provisional occupational license. B. This section does not apply to the following: 1. The state board of education for the purposes of certification of persons pursuant to section 15-501.01. 2. A health pro…

1. Require a private employer to grant or deny employment to any individual. 2. Impair the right of private employers to establish and enforce eligibility criteria, ethics codes or disciplinary policies.

1. The offense is substantially related to the occupation. 2. Approving or not imposing disciplinary action against the license, registration or certificate would pose a reasonable threat to public health and safety. B. In addition to other available remedies, an applicant, licen…