This article is a critical analysis of the Nebraska Administrative Procedure Act (APA). The analysis demonstrates that the Act has been rendered obsolete. This obsolescence is not accounted for solely by tho existence of legislative indecision or by the legislature's ill-advised decisions over the past thirty-six years, although those have certainly been contributing factors. In addition, Nebraska's administrative superstructure has greatly increased in size and complexity since 1945; there has been considerable experience at the state legislative level with administrative procedures; and there has been a veritable explosion of scholarly work in the area. The time for change is at hand. It is hoped that this article will not only provide the catalyst for that change, but will also provide guidance on the nature of the necessary change.
I. An Analysis of the Nebraska APA … A. Coverage … B. Rules and Contested Cases: Definitional Issues … C. Rule-Making Procedure … D. Contested Case Procedures … E. Legislative Review of Agency Rules … F. Judicial Review of Rules and Contested Cases
Steven L. Willborn,
A Time for Change: A Critical Analysis of the Nebraska Administrative Procedure Act,
60 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol60/iss1/2