Chapter 6. ADMINISTRATIVE PROCEDURE  


Article 1. General Provisions
Sec 41-1001. Definitions
Sec 41-1001.01. Regulatory bill of rights; small businesses
Sec 41-1001.02. Clarification of interpretation or application; exemption
Sec 41-1002. Applicability and relation to other law
Sec 41-1003. Required rule making
Sec 41-1004. Waiver
Sec 41-1005. Exemptions
Sec 41-1006. Employees providing agency assistance; identification and publication
Sec 41-1007. Award of costs and fees against a department in administrative hearings; exceptions; definitions
Sec 41-1008. Fees; specific statutory authority
Sec 41-1009. Inspections and audits; applicability; exceptions
Sec 41-1010. Complaints; public record
Article 2. Publication of Agency Rules
Sec 41-1011. Publication and distribution of code and register
Sec 41-1012. Code; publication of rules; distribution
Sec 41-1013. Register
Article 3. Rule Making
Sec 41-1021. Public rule making docket; notice
Sec 41-1021.01. Permissive examples
Sec 41-1021.02. State agencies; annual regulatory agenda
Sec 41-1022. Notice of proposed rule making, amendment or repeal; contents of notice
Sec 41-1023. Public participation; written statements; oral proceedings
Sec 41-1024. Time and manner of rule making
Sec 41-1025. Variance between rule and published notice of proposed rule
Sec 41-1026. Emergency rule making, amendment or repeal
Sec 41-1026.01. Emergency adoption, amendment or termination of delegation agreements; definition
Sec 41-1027. Expedited rule making
Sec 41-1028. Incorporation by reference
Sec 41-1029. Agency rule making record
Sec 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice
Sec 41-1031. Filing rules and preamble with secretary of state; permanent record
Sec 41-1032. Effective date of rules
Sec 41-1033. Petition for a rule or review of a practice or policy
Sec 41-1034. Declaratory judgment
Sec 41-1035. Rules affecting small businesses; reduction of rule impact
Sec 41-1036. Preamble; justifications for rule making
Sec 41-1037. General permits; issuance of traditional permit
Sec 41-1038. Rules; restrictions; affirmative defense; exceptions; definition
Article 4. Attorney General Review of Rule Making
Sec 41-1044. Attorney general review of certain exempt rules
Article 4.1. Administrative Rules Oversight Committee
Sec 41-1046. Administrative rules oversight committee; membership; appointment; staffing; meetings
Sec 41-1047. Committee review of rules; practices alleged to constitute rules; substantive policy statements
Sec 41-1048. Committee review of duplicative or onerous statutes, rules, practices alleged to constitute rules and substantive policy statements
Article 5. Governor's Regulatory Review Council
Sec 41-1051. Governor's regulatory review council; membership; terms; compensation; powers
Sec 41-1052. Council review and approval
Sec 41-1053. Council review of expedited rules
Sec 41-1055. Economic, small business and consumer impact statement
Sec 41-1056. Review by agency
Sec 41-1056.01. Impact statements; appeals
Sec 41-1057. Exemptions
Article 6. Adjudicative Proceedings
Sec 41-1061. Contested cases; notice; hearing; records
Sec 41-1062. Hearings; evidence; official notice; power to require testimony and records; rehearing
Sec 41-1063. Decisions and orders
Sec 41-1064. Licenses; renewal; revocation; suspension; annulment; withdrawal
Sec 41-1065. Hearing on denial of license or permit
Sec 41-1066. Compulsory testimony; privilege against self-incrimination
Sec 41-1067. Applicability of article
Article 7. Military Administrative Relief
Sec 41-1071. Military relief from administrative procedures; process
Article 7.1. Licensing Time Frames
Sec 41-1072. Definitions
Sec 41-1073. Time frames; exception
Sec 41-1074. Compliance with administrative completeness review time frame
Sec 41-1075. Compliance with substantive review time frame
Sec 41-1076. Compliance with overall time frame
Sec 41-1077. Consequence for agency failure to comply with overall time frame; refund; penalty
Sec 41-1079. Information required to be provided
Article 7.2. Licensing Eligibility
Sec 41-1080. Licensing eligibility; authorized presence; documentation; applicability; definitions
Article 8. Delegation of Functions, Powers or Duties
Sec 41-1081. Standards for delegation
Sec 41-1082. Existing delegation agreements
Sec 41-1083. No presumption of funding authority
Sec 41-1084. Prohibition on subdelegation
Article 9. Substantive Policy Statements
Sec 41-1091. Substantive policy statements; directory
Sec 41-1091.01. Posting substantive policy statement and rules
Article 10. Uniform Administrative Hearing Procedures
Sec 41-1092. Definitions
Sec 41-1092.01. Office of administrative hearings; director; powers and duties; fund
Sec 41-1092.02. Appealable agency actions; application of procedural rules; exemption from article
Sec 41-1092.03. Notice of appealable agency action or contested case; hearing; informal settlement conference; applicability
Sec 41-1092.04. Service of documents
Sec 41-1092.05. Scheduling of hearings; prehearing conferences
Sec 41-1092.06. Appeals of agency actions and contested cases; informal settlement conferences; applicability
Sec 41-1092.07. Hearings
Sec 41-1092.08. Final administrative decisions; review
Sec 41-1092.09. Rehearing or review
Sec 41-1092.10. Compulsory testimony; privilege against self-incrimination
Sec 41-1092.11. Licenses; renewal; revocation; suspension; annulment; withdrawal
Sec 41-1092.12. Private right of action; recovery of costs and fees; definitions