41-1021

41-1021. Public rule making docket;
notice

A. Each agency shall establish and maintain a current, public rule making docket
for each pending rule making proceeding. A rule making proceeding is pending from the
time the agency begins to consider proposing the rule under section 41-1022 until any one
of the following occurs:

1. The time the rule making proceeding is terminated by the agency indicating in
the rule making docket that the agency is no longer actively considering proposing the
rule.

2. One year after the notice of rule making docket opening is published in the
register if the agency has not filed a notice of the proposed rule making with the
secretary of state pursuant to section 41-1022.

3. The rule becomes effective.

4. One year after the notice of the proposed rule making is published in the
register if the agency has not submitted the rule to the council for review and approval.

5. Publication of a notice of termination.

B. For each rule making proceeding, the docket shall indicate all of the following:

1. The subject matter of the proposed rule.

2. A citation to all published notices relating to the proceeding.

3. The name and address of agency personnel with whom persons may communicate
regarding the rule.

4. Where written submissions on the proposed rule may be inspected.

5. The time during which written submissions may be made and the time and place
where oral comments may be made.

6. Where a copy of the economic, small business and consumer impact statement and
the minutes of the pertinent council meeting may be inspected.

7. The current status of the proposed rule.

8. Any known timetable for agency decisions or other action in the proceeding.

9. The date the rule was sent to the council.

10. The date of the rule's filing and publication.

11. The date the rule was approved by the council.

12. When the rule will become effective.

C. The agency shall provide public notice of the establishment of a rule making
docket by causing a notice of docket opening to be published in the register, including
the information set forth in subsection B, paragraphs 1, 2, 3, 5 and 8 of this section.

D. An agency may appoint formal advisory committees to comment, before publication
of a notice of proposed rule making under section 41-1022, on the subject matter of a
possible rule making under active consideration within the agency. The membership of
these committees shall be published at the time of formation and annually thereafter in
the register. Members of these committees are not eligible to receive compensation
except as otherwise provided by law.