Title 41, State Government

A. If an agency proposes a new rule or an amendment to an existing rule that requires the issuance of a regulatory permit, license or agency authorization, the agency shall use a general permit if the facilities, activities or practices in the class are substantially similar in n…

A. Notwithstanding any other law, an agency may not adopt any new rule that would increase existing regulatory restraints or burdens on the free exercise of property rights or the freedom to engage in an otherwise lawful business or occupation unless the rule is either of the fol…

A. Notwithstanding any other law, a state agency may not conduct any rulemaking, including regular, expedited, informal, formal, emergency or exempt rulemaking, without prior written approval of the governor. In seeking approval, a state agency shall address any of the following …

A. The attorney general shall review rules that are exempt pursuant to section 41-1057. B. Rules that are exempt pursuant to section 41-1057 shall not be filed with the secretary of state unless the attorney general approves the rule as: 1. To form. 2. Clear, concise and understa…

A. The administrative rules oversight committee is established. The committee has oversight over any rules except those rules exempted by section 41-1005. B. The committee consists of the following eleven members: 1. Five members of the house of representatives who are appointed …

The committee may review any proposed or final rule, expedited rule, agency practice alleged to constitute a rule or substantive policy statement for conformity with statute and legislative intent. The committee may hold hearings on whether a proposed or final rule, expedited rul…

A. The committee shall receive complaints concerning statutes, rules, agency practices alleged to constitute rules and substantive policy statements that are alleged to be duplicative or onerous. The committee may review any statutes, rules, agency practices alleged to constitute…

A. The governor's regulatory review council is established consisting of four members who are appointed by the governor, one member who is not a legislator and who is appointed by the president of the senate, one member who is not a legislator and who is appointed by the speaker …

A. Before filing a final rule subject to this section with the secretary of state, an agency shall prepare, transmit to the council and the committee and obtain the council's approval of the rule and its preamble and economic, small business and consumer impact statement that mee…

A. After receipt of the expedited rule package from the agency, the council shall place the expedited rule on its consent agenda for approval unless a member of the council or the committee requests a hearing. B. If a hearing is requested, the council shall act on the expedited r…

A. The economic, small business and consumer impact summary in the preamble shall include: 1. An identification of the proposed rule making, including all of the following: (a) The conduct and its frequency of occurrence that the rule is designed to change. (b) The harm resulting…

A. At least once every five years, each agency shall review all of its rules, including rules made pursuant to an exemption from this chapter or any part of this chapter, to determine whether any rule should be amended or repealed. The agency shall prepare and obtain council appr…

A. Within two years after a rule is finalized, a person who is or may be affected by the rule may file a written petition with an agency objecting to all or part of a rule on any of the following grounds: 1. The actual economic, small business or consumer impact significantly exc…

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. …