41-1081

41-1081. Standards for delegation

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 standards of performance required to fulfill the agreement.

3. The types of fees that will be imposed on regulated parties and the legal
authority for imposing any such fees.

4. The qualifications of the personnel of the political subdivision responsible for
exercising the delegated functions, powers or duties.

5. Record keeping and reporting requirements.

6. Auditing requirements if the delegation agreement includes the transfer of funds
from the delegating agency to the political subdivision.

7. A definition of the enforcement role if enforcement authority is being
delegated.

8. Procedures for resolving conflicts between the parties to the delegation
agreement.

9. Procedures for amending the delegation agreement.

10. The names and addresses of primary contact persons at both the delegating agency
and the political subdivision.

B. An agency that seeks to delegate functions, powers or duties shall file with the
secretary of state a summary of the proposed delegation agreement. The summary shall
provide the name of a person to contact in the agency with questions or comments and
shall state that a copy of the proposed delegation agreement may be obtained upon request
from the agency. The secretary of state shall publish the summary in the next register.

C. For at least thirty days after publication of the notice of the proposed
delegation agreement in the register, the agency shall provide persons the opportunity to
submit in writing statements, arguments, data and views on the proposed delegation
agreement and shall provide an opportunity for a public hearing if there is sufficient
public interest.

D. A public hearing on the delegation agreement shall not be held earlier than
thirty days after the notice of its location and time is published in the register. The
agency shall determine a location and time for the public hearing that affords a
reasonable opportunity for persons to participate. At that public hearing persons may
present oral argument, data and views on the proposed delegation agreement.

E. After the conclusion of the public comment period and hearing, if any, the
agency shall prepare a written summary, responding to the comments received, whether oral
or written. The agency shall consider the comments received from the public in
determining whether to enter into the proposed delegation agreement. The agency shall
give written notice to those persons who submitted comments of the agency's decision on
whether to enter into the proposed delegation agreement. The delegation agreement is
effective thirty days after written notice of the agency's final decision is given unless
an appeal is filed and pending before the council pursuant to subsection F.

F. A person who filed written comments with the delegating agency objecting to all
or part of the proposed delegation agreement may appeal to the council the delegating
agency's decision to enter into the delegation agreement within thirty days after the
agency gives written notice to enter into the delegation agreement pursuant to subsection
E. The council shall place the appeal of the delegation agreement on its next meeting
agenda if at least three council members make such a request of the council chairman
within two weeks of the filing of the appeal.

G. Delegation agreements that are appealed to and considered by the council shall
become effective upon council approval of the delegation agreement. Delegation
agreements that are appealed to the council and not considered by the council are
effective either thirty days after written notice of the agency's final decision is given
pursuant to subsection E, or two weeks after an appeal is filed if at least three council
members do not request council consideration of the delegation agreement pursuant to
subsection F, whichever date is later.

H. The council shall not approve the delegation agreement if it does not meet the
provisions set forth in subsection A or if the agency has not provided adequate notice
and an opportunity for comment to the public.