AS Legal Services
1526 K Street
Lincoln, NE 68508
In the 2016 Legislative Session, the Nebraska Legislature passed LB867 (2016) that requires state agencies to publish an index of the substantive standards created by state agencies that impact the public, and by which the public is expected to abide when interacting with the state agencies. The bill defines what types of information must be provided to the public, the procedures that state agencies must follow to provide the notice, and the public’s right to be involved in the process.
LB867 defines a rule or regulation as any standard of general application adopted by an agency in accordance with the authority conferred by statute and includes, but is not limited to, the amendment or repeal of a rule or regulation. Rule or regulation shall not include: (a) internal procedural documents used to guide agency staff on organization and operations, (b) guidance documents and (c) forms and their instructions.
Pursuant to the bill, guidance document shall mean any statement developed by an agency which lacks the force of law but provides information or direction of general application to the public to interpret or implement statutes or such agency’s rules or regulations. A guidance document is binding on an agency until amended by the agency. A guidance document shall not give rise to any legal right or duty or be treated as authority for any standard, requirement, or policy.
LB867 also allows the public to request in writing that an agency revise or repeal a guidance document or convert a guidance document into a rule or regulation. The agency then has 60 calendar days after receiving such a request to advise the requestor in writing of its decision to (a) revise or repeal the guidance document (b) initiate a proceeding to consider a revision or repeal of a guidance document, (c) initiate the rulemaking or regulation making process to convert the guidance document into a rule or regulation, or (d) deny the request and state the reason for the denial.
The Guidance Documents and Rules and Regulations of the Department of Administrative Services are listed below along with a summary of the document and links to any decisions issued regarding such documents.
Chapter 20 - Rules of Practice and Procedure
Chapter 1 - Approval of Contracts for Personal Services
These rules and regulations were adopted pursuant to Materiel Division statutory authority regarding procurement. The rules provide detail on the State Purchasing Bureau Bidder’s List, methods of procurement, standard conditions and terms of competitive bid solicitations and offers, awarding of contracts, and the execution of contracts.
Chapter 1 – State Purchasing Bureau Bidders List
Chapter 2 – Method of Procurement
Chapter 3 – Standard Conditions and Terms of Competitive Bid Solicitation and Offer
Chapter 4 – Awarding of Contract
Chapter 5 - Execution of Contract
The Standard Protest/Grievance Procedures for Vendors details the procedures and instructions for vendors to protest a commodity or service contract awarded through DAS – Materiel Division – State Purchasing Bureau. Such instructions include deadlines, contact information for where to submit protests/grievances and what to include in any protest/grievance.
The Vendor Manual provides guidance to vendors with basic information regarding how to bid on solicitations for the State of Nebraska. The Manual provides detail on various procurement methods used by State Purchasing Bureau, provides a general overview of the processes for procuring goods and services, and discusses the process for awarding a contract, as well as protests/grievances and Vendor Performance Reports. This document is not an all-inclusive manual.
The Vendor Application and Instructions details for vendors the process and the form necessary for inclusion on the State Purchasing Bureau’s Bidders List, along with instruction on how to become a registered vendor. It also provides instruction on how to change vendor information such as an address change or any additions/deletions in provided commodities.
These rules and regulations govern the use of public spaces of the State Capitol and Grounds.
Guidelines for conducting political campaign activities at the Nebraska State Capitol.
Guidelines for use of drones and Unmanned Aerial Vehicles at the Nebraska State Capitol.
Guidelines for lighting the exterior of the Nebraska State Capitol.
Guidelines for photography of family groups in the Nebraska State Capitol.
Guidelines for groups wishing to place displays in the first floor rotunda of the Nebraska State Capitol.
Guidelines for in person distribution of printed materials at the Nebraska State Capitol.
Guidelines for groups wishing to hold a news conference or rally at the Nebraska State Capitol.
Guidelines for the passive distribution of printed material in the Nebraska State Capitol.
Guidelines for public access to the Capitol Promenade Deck.
Guidelines for groups wishing to hold programs or ceremonies in the 2nd floor rotunda of the Nebraska State Capitol.
Guidelines for smoking and the use of tobacco products at the Nebraska State Capitol.
Guidelines for holding a wedding in the Nebraska State Capitol.
Guidelines for photography of wedding groups in the Nebraska State Capitol.
These rules and regulations govern the State Claims Board and how claims against the State are required to be filed, verified, approved, denied, awarded, etc. as well as the rules governing the meetings of the State Claims Board.
This form is used by Parents involved in the Foster Parent Program through the Dept. of Health and Human Services to make a claim against the State.
This form is used by individuals making a tort claim or a miscellaneous claim against the State.
This form is used by individuals who require the reissuance of an uncashed warrant by the State.
This Affidavit is used in conjunction with the Uncashed Warrant Claim Form in making a claim for a lost or missing state warrant.
This form is used by individuals/entities making a claim of breach of contract against the State.
Chapter 1 - Election Official Exclusion
Chapter 2 - Student Exclusion
Chapter 3 - Due Dates
Chapter 4 - Record Inspection
Chapter 1 – Rules and Regulations Governing the Parking of Motor Vehicles on Approaches to the Capitol Grounds and on the Lands Adjacent to the Capitol Grounds
Chapter 3 – Regulations Governing the Standards and Specifications to Make All Applicable Buildings and Facilities Accessible to and Functional for the Physically Handicapped
Chapter 4 – Policies Governing the Installation and Operation of Concessions, Vending Machines, and Cafeterias
Chapter 5 – Rules and Regulations Governing Use of the State Capitol Building, Lincoln, Nebraska
Chapter 6 – Rules and Regulations Governing the use of State Office Building, 301 Centennial mall South, Lincoln, Nebraska
Chapter 7 – Rules and Regulations Governing Procedures for Facility Construction Projects
The External Leasing Manual outlays the guidelines and process for code agencies for the planning and procurement of leased space.
Manual outlaying external parking process, policy, pertinent statutes and parking forms used for such processes and policies and policies.
This Manual is designed to assist State agencies, State Building Division, the professional consultants and building construction industry in understanding and implementing procedures required for successfully processing a capital construction project for the State of Nebraska.
The Classified System Personnel Rules & Regulations are intended to establish the necessary procedures to assure reasonably uniform and consistent personnel practices throughout State government, and to meet statutory requirements. Items addressed include topics related to employment practices and the management of personnel, such as employee recruitment and selection, employment policies, classification and compensation of positions, probationary periods, performance management, work schedules, leave, reduction in force, discipline, and grievances.
Chapter 4 – Employee Recruitment and Selection
Chapter 5 - Temporary Employment
Applicant’s instructions on how to apply for jobs/positions with the State of Nebraska.
The Classification & Pay Plan provides, on a yearly basis, the updated job classifications currently utilized within the State Classified Personnel System, including classification titles, classification codes, minimum hourly hiring rate, minimum permanent, mid-point, and maximum hourly rates. The job titles and class codes not covered under the Classified Personnel System are also published.
The Options Guide explains eligibility and enrollment details, featured services, and cost/benefit comparisons of medical plans, dental plans, vision plans, life insurance plans, the Employee Assistance Program, and the Wellness Program. This information is designed for active employees, retirees, and former eligible employees, but may also include dependents. This document also provides legal information regarding: Women’s Health and Cancer Rights Act of 1998 (WHRCA); Mental Health Parity Act; Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP); and Prescription Drug Coverage and Medicare.
The Summary Plan Description for the State of Nebraska Wellness Plan describes the health benefits available to employees and eligible enrolled dependents while covered by the Wellness Health Plan for the current plan year. The Wellness Health Plan provides certain incentives to covered employees and spouses who complete certain requirement of the Wellness Program.
The Summary Plan Description for the State of Nebraska Regular Health Plan describes the health benefits available to employees and eligible enrolled dependents while covered by the Regular Health Plan during the current plan year.
The Summary Plan Description for the State of Nebraska Consumer Focused Health Plan describes the health benefits available to employees and eligible enrolled dependents while covered by the Consumer Focused Health Plan during the current plan year. The Consumer Focused Health Plan is a lower premium cost/higher deductible insurance plan alternative.
The Dental Basic Plan Certificate of Coverage describes the dental benefits available to employees and eligible enrolled dependents while covered by the insurance plan during the current plan year. The Basic Plan offers a lower level of benefits and has a lower premium than the Premium Plan.
The Dental Premium Plan Certificate of Coverage describes the dental benefits available to employees and eligible enrolled dependents while covered by the insurance plan during the current plan year.
The Vision Basic Plan Certificate of Coverage describes the vision benefits available to employees and eligible enrolled dependents while covered by the insurance plan during the current plan year. The Basic Plan offers a lower level of benefits and has a lower premium than the Premium Plan.
The Vision Premium Plan Certificate of Coverage describes the vision benefits available to employees and eligible enrolled dependents while covered by the insurance plan during the current plan year. The Premium Plan offers a higher level of coverage and has a higher premium than the Basic Plan.
The COBRA Rights Notification defines a former employee’s/dependent’s rights and qualifying scenarios to continue elected insurance coverage after they no longer qualify for the group insurance plans – as directed by the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA).
Chapter 1 – Rules and Regulations Governing Use of State-Owned and Personal Vehicles for Official State Business