Rule 68: Rules and Regulations

A. The adoption, amendment, or repeal of the rules and regulations necessary to carry out the intent and purpose of the Nebraska Workers’ Compensation Act shall be controlled by the procedures set out in this rule.

B. For purposes of this rule, quorum shall mean a majority of the judges of the Nebraska Workers’ Compensation Court.

C. Adoption and promulgation of rules and regulations:

1. No rule or regulation shall be adopted, amended, or repealed except after public hearing on the question of adopting, amending, or repealing such rule or regulation. Any such hearing shall be open to the public. A quorum of the judges of the court shall be present and conduct such hearing.

2. Notice of any such public hearing shall be given at least 30 days prior to the date of the hearing.

a. Notice shall be given by publication in a newspaper having general circulation in the state.

b. Notice shall be given in the manner requested to those subscribers whose names are on a list maintained by the court.

c. Notice shall be given in the manner requested to the news media requesting notice of such hearings.

3. Draft copies or working copies of all rules and regulations proposed to be adopted, amended, or repealed shall be available to the public in the office of the court at the time of giving notice of the public hearing.

4. The adoption, amendment or repeal of any rule or regulation shall be accomplished at a public meeting held after a public hearing as provided in this rule, and after reasonable advance publicized notice of the time and place of such public meeting. No rule or regulation shall be adopted, amended, or repealed except upon the affirmative vote of a majority of the judges of the court and, with respect to rules or regulations relating to the court’s adjudicatory function, only upon approval of the Supreme Court. A roll call vote is to be taken at such public meeting and the record shall state the vote of each judge or if a judge was absent or not voting. The effective date of the adoption, amendment, or repeal of any rule or regulation shall be established at the time of the public meeting, except that rules or regulations relating to the court’s adjudicatory function shall become effective upon approval of the Supreme Court.

5. The proceedings of any public hearing or public meeting held pursuant to this rule shall be recorded and made available within 10 working days after the hearing or meeting.

D. Publication and distribution of rules and regulations:

1. Copies of the rules and regulations in force and effect shall be published by the court and made available to the public, upon request, at a fee established by the court. Rules and regulations relating to the court’s adjudicatory function shall be published in the Nebraska Advance Sheets upon approval of the Supreme Court, and copies of such rules and regulations shall be filed with the Clerk of the Supreme Court and Court of Appeals.

2. A current copy of the rules and regulations in force and effect and any updates to those rules and regulations, once adopted, shall be distributed, at no cost, by the court to the State Library and to each county law library or the largest public library in each county.