41-1025. Variance between rule and published
notice of proposed rule
A. An agency may not submit a rule to the council that is substantially different
from the proposed rule contained in the notice of proposed rule making or a supplemental
notice filed with the secretary of state pursuant to section 41-1022. However, an agency
may terminate a rule making proceeding and commence a new rule making proceeding for the
purpose of making a substantially different rule.
B. In determining whether a rule is substantially different from the published
proposed rule on which it is required to be based, all of the following must be
considered:
1. The extent to which all persons affected by the rule should have understood that
the published proposed rule would affect their interests.
2. The extent to which the subject matter of the rule or the issues determined by
that rule are different from the subject matter or issues involved in the published
proposed rule.
3. The extent to which the effects of the rule differ from the effects of the
published proposed rule if it had been made instead.
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