Neb. Rev. Stat. § 75-131 — NE Code / Chapter 75 / Section 75-131
View Statute 75-131
Status: in_force

Any person who complains of anything done or omitted to be done by any common or contract carrier or jurisdictional utility may request that the commission investigate and impose sanctions on such carrier or jurisdictional utility by filing a petition which briefly states the facts constituting the complaint. Notice of the complaint shall be served upon the respondent carrier or utility as in civil cases in district court, and the respondent shall be required to answer or satisfy the complaint within a reasonable time fixed by the commission. This section shall not prevent any person from proceeding against any common or contract carrier or utility under the laws of this state for such cases made and provided.

Laws 1963, c. 425, art. I, § 31, p. 1366;

Laws 1994, LB 414, § 44;

Laws 2003, LB 790, § 70.
Neb. Rev. Stat. § 75-394 — NE Code / Chapter 75 / Section 75-394
View Statute 75-394
Status: in_force

(1) No foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder shall operate any motor vehicle on a highway of this state or in interstate commerce without first being registered in this state or another jurisdiction pursuant to the unified carrier registration plan and agreement and having paid all fees required under the unified carrier registration plan and agreement for such registration. A motor carrier, private carrier, leasing company, broker, or freight forwarder with its principal place of business in this state shall register in this state with and pay its required registration fees to the division. The division shall remit the fees to the State Treasurer for credit to the General Fund.

(2) The division may accept the registration of and fees required from a foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder that maintains an office in this state but does not have its principal place of business in the United States or that maintains an office in this state but has its principal place of business in another jurisdiction that does not participate in the unified carrier registration plan and agreement. The division shall remit the fees to the State Treasurer for credit to the General Fund.

Laws 2007, LB358, § 3;

Laws 2009, LB331, § 20.
Neb. Rev. Stat. § 75-364 — NE Code / Chapter 75 / Section 75-364
View Statute 75-364
Status: in_force

The parts, subparts, and sections of Title 49 of the Code of Federal Regulations listed below, or any other parts, subparts, and sections referred to by such parts, subparts, and sections, in existence and effective as of the date specified in section 75-365 , are adopted as part of Nebraska law and shall be applicable to all motor carriers whether engaged in interstate or intrastate commerce, drivers of such motor carriers, and vehicles of such motor carriers:

(1) Part 107 - HAZARDOUS MATERIALS PROGRAM PROCEDURES, subpart F - Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying Engineers;

(2) Part 107 - HAZARDOUS MATERIALS PROGRAM PROCEDURES, subpart G - Registration of Persons Who Offer or Transport Hazardous Materials;

(3) Part 171 - GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS;

(4) Part 172 - HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS;

(5) Part 173 - SHIPPERS - GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS;

(6) Part 177 - CARRIAGE BY PUBLIC HIGHWAY;

(7) Part 178 - SPECIFICATIONS FOR PACKAGINGS; and

(8) Part 180 - CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS.

Laws 1986, LB 301, § 2;

Laws 1987, LB 538, § 1;

Laws 1988, LB 884, § 2;

Laws 1990, LB 980, § 30;

Laws 1991, LB 854, § 4;

Laws 1993, LB 410, § 2;

Laws 1994, LB 1061, § 6;

Laws 1995, LB 461, § 2;

Laws 1996, LB 938, § 5;

Laws 1997, LB 722, § 2;

Laws 1998, LB 1056, § 9;

Laws 1999, LB 161, § 2;

Laws 2000, LB 1361, § 12;

Laws 2001, LB 375, § 2;

Laws 2002, LB 499, § 6;

Laws 2003, LB 480, § 3;

Laws 2004, LB 878, § 2;

Laws 2005, LB 83, § 2;

Laws 2006, LB 1007, § 15;

Laws 2007, LB239, § 9;

Laws 2008, LB756, § 29;

Laws 2009, LB48, § 2;

Laws 2009, LB331, § 16;

Laws 2010, LB805, § 14;

Laws 2011, LB178, § 22;

Laws 2011, LB212, § 8;

Laws 2012, LB751, § 50;

Laws 2013, LB35, § 7;

Laws 2014, LB983, § 62;

Laws 2015, LB313, § 8;

Laws 2016, LB929, § 12;

Laws 2017, LB263, § 89;

Laws 2018, LB909, § 122;

Laws 2019, LB79, § 23;

Laws 2020, LB944, § 79;

Laws 2021, LB149, § 22;

Laws 2022, LB750, § 80;

Laws 2023, LB138, § 52;

Laws 2024, LB1200, § 61;

Laws 2025, LB398, § 58.
Neb. Rev. Stat. § 75-389 — NE Code / Chapter 75 / Section 75-389
View Statute 75-389
Status: in_force

The Division of Motor Carrier Services shall adopt and promulgate rules and regulations necessary to carry out its powers and duties.

Laws 1996, LB 1218, § 5.
Neb. Rev. Stat. § 75-153 — NE Code / Chapter 75 / Section 75-153
View Statute 75-153
Status: in_force

Where transportation is involved in the sale of personal property and the price at which such property is sold is determined f.o.b. shipping point, the consignee may determine the means of transportation to be used and the routing of the shipment, except that if the consignor has not received written shipping instructions from the consignee designating a specific carrier a reasonable time prior to the making of the shipment, the consignor may determine the means of transportation to be used and the routing of the shipment.

Laws 1965, c. 444, § 2, p. 1413;

Laws 1994, LB 414, § 64.
Neb. Rev. Stat. § 75-1002 — NE Code / Chapter 75 / Section 75-1002
View Statute 75-1002
Status: in_force

For purposes of the Water Service Regulation Act:

(1) Commission shall mean the Public Service Commission; and

(2) Private water company shall mean a privately owned entity organized for the purpose of furnishing water for domestic use or sewer services or both to the public, cities, villages, special districts, or other political subdivisions but shall not include (a) any entity that furnishes water for domestic use or sewer services to a mobile home park, (b) bottled water suppliers, or (c) any group of property owners who cooperatively own a water well for the sole purpose of providing water for domestic use to their property if each owner has an equal vote in determining the rates charged for the water.

Laws 1994, LB 1002, § 2.
Neb. Rev. Stat. § 75-109 — NE Code / Chapter 75 / Section 75-109
View Statute 75-109
Status: in_force

Except as provided in the Agricultural Suppliers Lease Protection Act and sections 86-124 and 86-143 , the commission shall regulate and exercise general control as provided by law over all common and contract carriers engaged in the transportation of freight or passengers for hire or furnishing telecommunications services for hire in Nebraska intrastate commerce.

Laws 1963, c. 425, art. I, § 9, p. 1357;

Laws 1965, c. 446, § 1, p. 1415;

Laws 1986, LB 835, § 12;

Laws 1989, LB 95, § 4;

Laws 1994, LB 414, § 31;

Laws 1995, LB 424, § 2;

Laws 1997, LB 660, § 2;

Laws 1999, LB 150, § 12;

Laws 2000, LB 1285, § 1;

Laws 2002, LB 435, § 9;

Laws 2002, LB 1105, § 483;

Laws 2003, LB 790, § 62.

Agricultural Suppliers Lease Protection Act, see section 2-5501 .

The phrase "provided by law" means prescribed or provided by statute, and thus, the Nebraska Public Service Commission's statutory authority over any particular common or contract carrier must be derived from some statute other than this section. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).

The phrase "provided by law" means prescribed or provided by statute, and thus, the Nebraska Public Service Commission's statutory authority over any particular common or contract carrier must be derived from some statute other than this section. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).

The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).

The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).

Tacking is an extension of the authorized service under regulation of the Nebraska State Railway Commission, and the right to tack does not exist unless granted by the commission. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Tacking is an extension of the authorized service under regulation of the Nebraska State Railway Commission, and the right to tack does not exist unless granted by the commission. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Powers of Railway Commission hereunder are not limited by statute authorizing enforcement by injunction in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).

Powers of Railway Commission hereunder are not limited by statute authorizing enforcement by injunction in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).

A mutual or cooperative company furnishing intrastate communication services for benefit of its stockholders held, under circumstances, to be a common carrier subject to jurisdiction of railway commission. American Communication Co., Inc. v. Buntemeyer, 184 Neb. 220, 166 N.W.2d 116 (1969).

A mutual or cooperative company furnishing intrastate communication services for benefit of its stockholders held, under circumstances, to be a common carrier subject to jurisdiction of railway commission. American Communication Co., Inc. v. Buntemeyer, 184 Neb. 220, 166 N.W.2d 116 (1969).
Neb. Rev. Stat. § 75-320 — NE Code / Chapter 75 / Section 75-320
View Statute 75-320
Status: in_force

No transfer, assignment, or sale of stock or change of stock ownership or any interest therein which will directly or indirectly result in a transfer, assignment, sale, or change in the control of the corporation holding a certificate or permit, and no change of one or more of the partners or members, when the certificate holder is a partnership or a limited liability company, will be effective or valid, unless the carrier or person seeking to acquire control of the corporation or unless the applicant seeking to effect a change in one or more of the partners or members in a partnership or limited liability company holding a certificate or permit, respectively, obtains approval of the commission under such rules and regulations as the commission may prescribe. Approval of the proposed transaction, either in whole or in part, may be given, after notice and hearing, only upon findings by the commission that such transaction will be consistent with the public interest, that it will not unduly restrict competition, and that the applicant is fit, willing, and able to properly perform the proposed service.

Laws 1963, c. 425, art. III, § 20, p. 1386;

Laws 1993, LB 121, § 465.

Mere absence of applicant does not constitute failure of evidence of fitness, willingness, and ability. Abler v. Herman Bros., Inc., 187 Neb. 530, 192 N.W.2d 410 (1971).

Mere absence of applicant does not constitute failure of evidence of fitness, willingness, and ability. Abler v. Herman Bros., Inc., 187 Neb. 530, 192 N.W.2d 410 (1971).
Neb. Rev. Stat. § 75-330 — NE Code / Chapter 75 / Section 75-330
View Statute 75-330
Status: in_force

A transportation network company shall not require a participating driver to sign an agreement not to compete with the company in order to be matched with passengers through the company's online-enabled application or platform.

Laws 2015, LB629, § 9.
Neb. Rev. Stat. § 75-201 — NE Code / Chapter 75 / Section 75-201
View Statute 75-201
Status: in_force

Any person who transports passengers or property for the public in intrastate commerce by any airborne vehicle shall not be a common carrier subject to commission regulation.

Laws 1963, c. 425, art. II, § 1, p. 1374;

Laws 1993, LB 121, § 463;

Laws 1994, LB 414, § 67.

Intrastate air carrier regulations are preempted by federal regulations. Pioneer Airways, Inc. v. City of Kearney, 199 Neb. 12, 256 N.W.2d 324 (1977).

Intrastate air carrier regulations are preempted by federal regulations. Pioneer Airways, Inc. v. City of Kearney, 199 Neb. 12, 256 N.W.2d 324 (1977).
Neb. Rev. Stat. § 75-1008 — NE Code / Chapter 75 / Section 75-1008
View Statute 75-1008
Status: in_force

(1) After the conclusion of any hearing held pursuant to section 75-1005 or 75-1007 , the commission shall grant or deny the rates or charges that were considered at the hearing and, if other rates or charges are to be adopted, shall decide on any modifications to the rates or charges that the commission considers necessary based on the evidence adduced at the hearing.

(2) The commission shall issue a written order setting out its findings and reasoning for its decision. The commission's order may be appealed by a party to the proceeding. Such appeal shall be in accordance with section 75-136 .

(3) If the hearing is held pursuant to a petition filed pursuant to section 75-1007 , if the proposed rates or charges become effective before the decision of the commission, and if the decision denies the proposed rates or charges, then the proposed rates or charges shall be denied retroactively and any amounts collected under the proposed rates or charges shall be refunded by the private water company. If the hearing is held pursuant to a petition filed pursuant to section 75-1005 and if the decision of the commission modifies the established rates or charges, then the established rates or charges shall be modified as of the date of the decision and shall not be retroactive.

Laws 1994, LB 1002, § 8;

Laws 2003, LB 187, § 25.
Neb. Rev. Stat. § 75-319 — NE Code / Chapter 75 / Section 75-319
View Statute 75-319
Status: in_force

(1) Pending the determination of an application filed under section 75-318 , the commission may, in its discretion, after not less than five days' notice to interested carriers, and without hearings or other proceedings, grant temporary approval, for a period not exceeding ninety days, of a lease of the regulated motor carrier properties and of the certificates or permits sought to be acquired to the person filing the application, if it shall appear that failure to grant such temporary approval may result in destruction of or injury to such regulated motor carrier properties, and certificates or permits sought to be acquired, or interfere substantially with their future usefulness in the performance of adequate and continuous service to the public.

(2) Transportation service rendered under such temporary authority shall be subject to the provisions of sections 75-101 to 75-801 and to the rules, regulations, and requirements of the commission.

(3) The grant of temporary authority and the operations thereunder shall not be admissible in evidence to establish or prove the present or future public convenience and necessity.

(4) No renewal or extension of the period of ninety days provided for in this section shall be granted.

Laws 1963, c. 425, art. III, § 19, p. 1386;

Laws 1995, LB 424, § 43.
Neb. Rev. Stat. § 75-391 — NE Code / Chapter 75 / Section 75-391
View Statute 75-391
Status: in_force

(1) A provision, a clause, a covenant, or an agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless or has the effect of indemnifying, defending, or holding harmless the motor carrier transportation contract's promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the motor carrier transportation contract's promisee or any agents, employees, servants, or independent contractors who are directly responsible to the motor carrier transportation contract's promisee, is against the public policy of this state and is unenforceable.

(2) Nothing contained in this section affects a provision, a clause, a covenant, or an agreement in which a motor carrier indemnifies or holds harmless a motor carrier transportation contract's promisee against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier or its agents, employees, servants, or independent contractors who are directly responsible to the motor carrier.

(3) As used in this section:

(a) Motor carrier means any person who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport goods over any public highway in this state, whether in intrastate or interstate commerce;

(b) Motor carrier transportation contract means a contract, agreement, or understanding covering:

(i) The transportation of property for compensation or hire by a motor carrier;

(ii) The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or

(iii) A service incidental to activity described in subdivision (i) or (ii) of this subdivision, including, but not limited to, storage of property.

A motor carrier transportation contract does not include provisions of the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other provision, clause, covenant, or agreement providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment; and

(c) Promisee means the party to a motor carrier transportation contract who or which is not a motor carrier or, if the promisee is a motor carrier, is not the motor carrier actually doing the transporting.

Laws 2006, LB 1007, § 21.
Neb. Rev. Stat. § 75-396 — NE Code / Chapter 75 / Section 75-396
View Statute 75-396
Status: in_force

The director may adopt and promulgate rules and regulations to carry out the unified carrier registration plan and agreement.

Laws 2007, LB358, § 5;

Laws 2009, LB331, § 21.
Neb. Rev. Stat. § 75-106 — NE Code / Chapter 75 / Section 75-106
View Statute 75-106
Status: in_force

Any person who is eligible to hold the office of commissioner shall also be eligible to hold the office of executive director. The salary of the executive director shall be fixed by the commission, payable monthly. The executive director shall take the same oath as the commissioners. The executive director shall keep full and correct minutes of all transactions and proceedings of the commission, and it shall be his or her duty to, upon request and being paid the lawful fees therefor, furnish a transcript, duly authenticated by the commission, of any public record of the commission and to perform such duties as may be required by the commission. The executive director shall charge such fees for furnishing a transcript as are allowed by law on appeal from the district court to the Court of Appeals and shall turn such fees into the fund provided for the expenses of the commission.

Laws 1963, c. 425, art. I, § 6, p. 1356;

Laws 1965, c. 445, § 1, p. 1414;

Laws 1967, c. 478, § 1, p. 1474;

Laws 1991, LB 732, § 128;

Laws 1994, LB 414, § 29.
Neb. Rev. Stat. § 75-130 — NE Code / Chapter 75 / Section 75-130
View Statute 75-130
Status: in_force

In case any witness shall fail or refuse to obey any subpoena issued by the commission, or to produce before the commission such books, papers, documents or records as shall have been enumerated and required in any subpoena, or shall fail or refuse, when before the commission, to give testimony lawfully required by it, or fail or refuse to answer such questions as may be propounded by it which such witness would be required to answer if in court, he shall be guilty of a misdemeanor, and upon conviction thereof, for each offense, shall be fined in any sum not exceeding five thousand dollars. The claim that any such testimony may tend to incriminate the witness shall not excuse the witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Testimony may be taken by deposition as in suits at law. Witness fees shall be paid as provided by law in attendance at any district court in this state. The sheriff or constable executing any process of the commission shall receive such compensation as is provided by law for performing similar services.

Laws 1963, c. 425, art. I, § 30, p. 1366.
Neb. Rev. Stat. § 75-318 — NE Code / Chapter 75 / Section 75-318
View Statute 75-318
Status: in_force

It shall be lawful, only under the conditions specified in this section, for any regulated motor carrier or person or for two or more regulated motor carriers to:

(1) Consolidate or merge their properties or any part thereof or certificates of public convenience and necessity or permits, or any part thereof, into one ownership, management, or operation of the properties, certificates, or permits theretofore in separate ownership;

(2) Purchase, lease, or contract to operate the properties or any part thereof or the certificates or permits, or any part thereof, of another regulated motor carrier; or

(3) Acquire control of another regulated motor carrier or carriers through purchase of stock.

Whenever a consolidation, merger, purchase, lease, operating contract, or acquisition of control of the properties, certificates, or permits is proposed, the carrier or carriers or person seeking authority therefor shall present an application to the commission, and thereupon the commission shall notify such carriers and other parties known to have an interest of the time and place for a public hearing in accordance with the rules of the commission. If, after such hearing, the commission finds that the transaction proposed will be consistent with the public interest and does not unduly restrict competition and that the applicant is fit, willing, and able to properly perform the proposed service, it may enter an order approving and authorizing such consolidation, merger, purchase, lease, operating contract, or acquisition of control of the properties, or any part thereof, or certificates or permits of the whole, or any part thereof, upon such terms and conditions as it deems just and reasonable. If any of the certificates or permits proposed to be merged, consolidated, transferred, or leased are dormant, the commission may approve an application for consolidation, merger, transfer, or lease only upon proof of and a finding that such merger, consolidation, transfer, or lease is or will be required by the present and future public convenience and necessity, in the same manner as provided in section 75-311 . If the proposed merger, consolidation, transfer, or lease of the certificates or permits will permit or result in a new or different service or operation as to territorial scope than that which is or may be rendered or engaged in by the respective parties or, as to passenger motor carriers, will tend to enlarge competition over that then existing, the commission may approve an application for merger, consolidation, transfer, or lease only upon proof of and a finding that the proposed merger, consolidation, transfer, or lease is or will be required by the present and future public convenience and necessity, in the same manner as provided in section 75-311 . Any restrictions, qualifications, or conditions applicable to and contained in a particular certificate of public convenience and necessity or a permit at the time of the issuance thereof or thereafter made a part of such certificate or permit, excluding any restrictions, qualifications, or conditions of general application applicable to all regulated motor carriers or a segment thereof as a class and imposed by regulation of the commission, proposed to be merged, consolidated, transferred, or leased shall not be changed, altered, or removed without the proof required in section 75-311 for certificates and permits.

When authority is transferred as provided in this section, the commission shall simultaneously cancel the authority of the transferor which is transferred.

Laws 1963, c. 425, art. III, § 18, p. 1384;

Laws 1965, c. 446, § 4, p. 1416;

Laws 1967, c. 479, § 18, p. 1483;

Laws 1994, LB 414, § 75;

Laws 1995, LB 424, § 42.

ed without the proof required in section 75-311 for certificates and permits.

When authority is transferred as provided in this section, the commission shall simultaneously cancel the authority of the transferor which is transferred.

Laws 1963, c. 425, art. III, § 18, p. 1384;

Laws 1965, c. 446, § 4, p. 1416;

Laws 1967, c. 479, § 18, p. 1483;

Laws 1994, LB 414, § 75;

Laws 1995, LB 424, § 42.

The court determined that the certificate of authority held by the appellant could not be transferred to another trucking company because the certificate was dormant. Under the facts of the case, the only traffic conducted under the certificate of authority was made pursuant to leases which violated the rules and regulations of the Nebraska Public Service Commission. Herman Bros., Inc. v. Spector Industries, Inc., 209 Neb. 513, 308 N.W.2d 720 (1981).

The court determined that the certificate of authority held by the appellant could not be transferred to another trucking company because the certificate was dormant. Under the facts of the case, the only traffic conducted under the certificate of authority was made pursuant to leases which violated the rules and regulations of the Nebraska Public Service Commission. Herman Bros., Inc. v. Spector Industries, Inc., 209 Neb. 513, 308 N.W.2d 720 (1981).

Held improper to deny request for transfer of active authority merely because the transfer may enlarge competition. Spector Freight System, Inc. v. Herman Bros., Inc., 197 Neb. 835, 251 N.W.2d 376 (1977).

Held improper to deny request for transfer of active authority merely because the transfer may enlarge competition. Spector Freight System, Inc. v. Herman Bros., Inc., 197 Neb. 835, 251 N.W.2d 376 (1977).

Where commission approval of a transfer of authority hereunder and an issue of dormancy is properly raised, the Nebraska Public Service Commission must determine both the fact of dormancy and on the basis of the evidence whether the public convenience and necessity require the transfer. Dahlsten v. Harris, 191 Neb. 714, 217 N.W.2d 813 (1974).

Where commission approval of a transfer of authority hereunder and an issue of dormancy is properly raised, the Nebraska Public Service Commission must determine both the fact of dormancy and on the basis of the evidence whether the public convenience and necessity require the transfer. Dahlsten v. Harris, 191 Neb. 714, 217 N.W.2d 813 (1974).

Transfer of operating rights may be permitted without restrictions if after notice and hearing Railway Commission finds requirements herein have been met. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).

Transfer of operating rights may be permitted without restrictions if after notice and hearing Railway Commission finds requirements herein have been met. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).

The reference in this section to an enlargement of competition over that then existing means a substantial or material increase in competition. Hunt Transportation, Inc. v. Yellow Cab, Inc., 186 Neb. 518, 184 N.W.2d 651 (1971).

The reference in this section to an enlargement of competition over that then existing means a substantial or material increase in competition. Hunt Transportation, Inc. v. Yellow Cab, Inc., 186 Neb. 518, 184 N.W.2d 651 (1971).

Evidence established that certificate to be transferred was dormant. Ace Gas, Inc. v. Peake, Inc., 184 Neb. 448, 168 N.W.2d 373 (1969).

Evidence established that certificate to be transferred was dormant. Ace Gas, Inc. v. Peake, Inc., 184 Neb. 448, 168 N.W.2d 373 (1969).
Neb. Rev. Stat. § 75-303.03 — NE Code / Chapter 75 / Section 75-303.03
View Statute 75-303.03
Status: in_force

(1) The commission, in consultation with the Department of Health and Human Services, shall adopt and promulgate rules and regulations governing minimum liability insurance requirements, equipment standards, driver qualification requirements, and the issuance and filing of notice for any contractor utilized by the department or any agency organized under the Nebraska Community Aging Services Act pursuant to section 75-303.02 .

(2) The Department of Health and Human Services or any agency organized under the Nebraska Community Aging Services Act shall reimburse common and contract carriers for transportation of passengers at a rate not to exceed the rate of reimbursement pursuant to section 81-1176 multiplied by three. The maximum reimbursement rate provided for in this subsection shall not apply when the carrier (a) transports such person wholly within the corporate limits of the city or village where the transportation of the person originated, (b) transports a disabled person as defined by the federal Americans with Disabilities Act of 1990 in a vehicle that is compliant with the regulations providing for the transportation of such disabled person, or (c) provides nonemergency medical transportation of medicaid clients pursuant to subsection (3) of section 75-311 .

(3) Rates for nonemergency medical transportation service providers with a designation of authority issued pursuant to subsection (3) of section 75-311 are not subject to commission regulation, and regulated motor carriers with such a designation reimbursed under this section are not subject to commission rate regulation for such reimbursement rates.

(4)(a) The Department of Health and Human Services may reimburse an individual for the costs incurred by such individual in the transportation of a person eligible to receive transportation services through the department if:

(i) The individual is under contract with the department and provides transportation to the eligible person; and

(ii) The eligible person has chosen the individual to provide the transportation.

(b) The department shall reimburse for the costs incurred in the transportation at a rate no greater than that provided for reimbursement of state employees pursuant to section 81-1176 .

(c) Transportation provided to an eligible person by an individual pursuant to this section does not constitute transportation for hire.

(d) The department may adopt and promulgate rules and regulations to implement this subsection.

Laws 2006, LB 1069, § 2;

Laws 2007, LB296, § 699;

Laws 2017, LB263, § 84.

Nebraska Community Aging Services Act, see section 81-2201 .
Neb. Rev. Stat. § 75-1012 — NE Code / Chapter 75 / Section 75-1012
View Statute 75-1012
Status: in_force

(1) Notwithstanding section 75-156 , whenever it appears that a private water company has violated, is violating, or is threatening to violate any provision of the Water Service Regulation Act or any rule, regulation, or order of the commission, the commission may institute a civil suit in the district court of Lancaster County for (a) injunctive relief to restrain the private water company from continuing the violation or threat of violation, (b) the assessment and recovery of a civil penalty as provided in section 75-1011 , or (c) both injunctive relief and civil penalty.

(2) On application for injunctive relief and a finding that a private water company is violating or threatening to violate any provisions of the act or any rule, regulation, or order of the commission, the district court shall grant the injunctive relief as the facts may warrant.

(3) At the request of the commission, the county attorney shall institute and pursue a suit in the name of the state for injunctive relief or to recover the civil penalty, or both, as authorized in subsection (1) of this section.

Laws 1994, LB 1002, § 12;

Laws 2008, LB755, § 5.
Neb. Rev. Stat. § 75-369.04 — NE Code / Chapter 75 / Section 75-369.04
View Statute 75-369.04
Status: in_force

Any order issued by the Superintendent of Law Enforcement and Public Safety under section 75-369.03 shall include at least (1) the date of the order, (2) a description of each act or omission upon which the violation is based, (3) the manner in which and the place where the respondent may pay the civil penalty or request a hearing within fifteen business days after receipt of the order, and (4) a notice that if the respondent fails to respond to the order within fifteen business days after receipt of the order, the order shall automatically become final and the civil penalty may be collected by civil action in the district court of Lancaster County.

Laws 1994, LB 358, § 4.
Neb. Rev. Stat. § 74-1340 — NE Code / Chapter 75 / Section 74-1340
74-1340
Status: in_force

When the owner of railroad tracks fails, neglects, or refuses promptly to comply with any order of the Department of Transportation issued under sections 74-1332 to 74-1339 or fails, refuses, or neglects to comply with such sections after the department has issued an order, the owner shall be guilty of a Class V misdemeanor and shall be fined in any sum not more than one hundred dollars for each such offense. Each week of such neglect, refusal, or failure shall constitute a separate offense.

Laws 1963, c. 425, art. IV, § 18, p. 1404;

Laws 1994, LB 414, § 92;

R.S.1943, (1996), § 75-418;

Laws 1997, LB 255, § 12;

Laws 2017, LB339, § 262.
Neb. Rev. Stat. § 75-146 — NE Code / Chapter 75 / Section 75-146
View Statute 75-146
Status: in_force

The capital stock of any common carrier other than a railroad shall not be increased for any purpose except after public notice for sixty days. No common carrier other than a railroad shall consolidate its stock, property, franchise, or earnings, in whole or in part, with any other competing common carrier without permission of the commission, and in no case shall any consolidation take place except on public notice of at least thirty days to all stockholders as provided in the rules of the commission.

Laws 1963, c. 425, art. I, § 46, p. 1371;

Laws 1994, LB 414, § 59.
Neb. Rev. Stat. § 75-715 — NE Code / Chapter 75 / Section 75-715
View Statute 75-715
Status: in_force

The Director of Aeronautics shall notify the owners of and persons operating upon any licensed airport affected by any application filed pursuant to section 75-713 and in the notice shall state the time and place of the hearing. The director may appear at the hearing and make objections to the granting of permission for the construction of any overhead wires, cable, or pipelines when, in his or her opinion, the construction would result in danger to the life, limb, or property of any person carried by and operating aircraft in the vicinity of the licensed airport.

Laws 1963, c. 425, art. VII, § 15, p. 1426;

Laws 1980, LB 611, § 3;

Laws 1994, LB 414, § 126.

A party is precluded from objecting to the order of the Public Service Commission if he fails to act in accordance with the time limits prescribed in the statutes governing the procedure to obtain a reversal, modification, or vacation of the order. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979).

A party is precluded from objecting to the order of the Public Service Commission if he fails to act in accordance with the time limits prescribed in the statutes governing the procedure to obtain a reversal, modification, or vacation of the order. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979).

An order of the Public Service Commission granting authority to the public power district to construct a transmission line becomes final thirty days after the mailing of a copy of the order, and it may not be revoked after that time. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979).

An order of the Public Service Commission granting authority to the public power district to construct a transmission line becomes final thirty days after the mailing of a copy of the order, and it may not be revoked after that time. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979).
Neb. Rev. Stat. § 75-127 — NE Code / Chapter 75 / Section 75-127
View Statute 75-127
Status: in_force

Any common carrier, shipper, or consignee who willfully violates any provision of section 75-126 shall be guilty of a Class I misdemeanor. Any officer, agent, or employee who, for or on behalf of any common carrier, shipper, or consignee, willfully violates any provision of section 75-126 shall be guilty of a Class II misdemeanor. Each day of violation shall constitute a separate offense.

Laws 1963, c. 425, art. I, § 27, p. 1365;

Laws 1971, LB 843, § 1;

Laws 1977, LB 39, § 198;

Laws 1994, LB 414, § 42.
Neb. Rev. Stat. § 75-302 — NE Code / Chapter 75 / Section 75-302
View Statute 75-302
Status: in_force

For purposes of sections 75-301 to 75-343 and in all rules and regulations adopted and promulgated by the commission pursuant to such sections, unless the context otherwise requires:

(1) Attended services means an attendant or caregiver accompanying a minor or a person who has a physical, mental, or developmental disability and is unable to travel or wait without assistance or supervision;

(2) Carrier enforcement division means the carrier enforcement division of the Nebraska State Patrol or the Nebraska State Patrol;

(3) Certificate means a certificate of public convenience and necessity issued under Chapter 75, article 3, to common carriers by motor vehicle;

(4) Civil penalty means any monetary penalty assessed by the commission or carrier enforcement division due to a violation of Chapter 75, article 3, or section 75-126 as such section applies to any person or carrier specified in Chapter 75, article 3; any term, condition, or limitation of any certificate or permit issued pursuant to Chapter 75, article 3; or any rule, regulation, or order of the commission, the Division of Motor Carrier Services, or the carrier enforcement division issued pursuant to Chapter 75, article 3;

(5) Commission means the Public Service Commission;

(6) Common carrier means any person who or which undertakes to transport passengers or, until July 1, 2021, household goods, for the general public in intrastate commerce by motor vehicle for hire, whether over regular or irregular routes, upon the highways of this state. Beginning July 1, 2021, common carrier does not include a motor carrier operating under a license issued pursuant to section 75-304.03 ;

(7) Contract carrier means any motor carrier which transports passengers or, until July 1, 2021, household goods, for hire other than as a common carrier designed to meet the distinct needs of each individual customer or a specifically designated class of customers without any limitation as to the number of customers it can serve within the class. Beginning on January 1, 2021, contract carrier does not include a motor carrier operating under a license issued pursuant to section 75-304.04 ;

(8) Division of Motor Carrier Services means the Division of Motor Carrier Services of the Department of Motor Vehicles;

(9) Highway means the roads, highways, streets, and ways in this state;

(10) Household goods means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property as the commission may provide by regulation if the transportation of such effects or property, is:

(a) Arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with the intent to use in his or her dwelling; or

in a dwelling, when a part of the equipment or supply of such dwelling, and similar property as the commission may provide by regulation if the transportation of such effects or property, is:

(a) Arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with the intent to use in his or her dwelling; or

(b) Arranged and paid for by another party;

(11) Intrastate commerce means commerce between any place in this state and any other place in this state and not in part through any other state;

(12) License means a license issued to a motor carrier engaged in the for-hire, intrastate transportation of (a) household goods under section 75-304.03 or (b) employees of a railroad carrier engaged in interstate commerce to or from their work locations under section 75-304.04 ;

(13) Licensed care transportation services means transportation provided by an entity licensed by the Department of Health and Human Services as a residential child-caring agency as defined in section 71-1926 or child-placing agency as defined in section 71-1926 or a child care facility licensed under the Child Care Licensing Act to a client of the entity or facility when the person providing transportation services also assists and supervises the passenger or, if the client is a minor, to a family member of a minor when it is necessary for agency or facility staff to accompany or facilitate the transportation in order to provide necessary services and support to the minor. Licensed care transportation services must be incidental to and in furtherance of the social services provided by the entity or facility to the transported client;

(14) Motor carrier means any person other than a regulated motor carrier who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport passengers or property over any public highway in this state;

(15) Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails;

(16) Permit means a permit issued under Chapter 75, article 3, to contract carriers by motor vehicle;

(17) Person means any individual, firm, partnership, limited liability company, corporation, company, association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof;

(18) Private carrier means any motor carrier which owns, controls, manages, operates, or causes to be operated a motor vehicle to transport passengers or property to or from its facility, plant, or place of business or to deliver to purchasers its products, supplies, or raw materials (a) when such transportation is within the scope of and furthers a primary business of the carrier other than transportation and (b) when not for hire. Nothing in sections 75-301 to 75-322 shall apply to private carriers;

(19) Regulated motor carrier means any person who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport passengers, other than those excepted under section 75-303 , or, until July 1, 2021, household goods, over any public highway in this state. Beginning July 1, 2021, regulated motor carrier does not include a motor carrier operating under a license issued pursuant to section 75-304.03 . Beginning on January 1, 2021, regulated motor carrier does not include a motor carrier operating under a license issued pursuant to section 75-304.04 ;

under section 75-303 , or, until July 1, 2021, household goods, over any public highway in this state. Beginning July 1, 2021, regulated motor carrier does not include a motor carrier operating under a license issued pursuant to section 75-304.03 . Beginning on January 1, 2021, regulated motor carrier does not include a motor carrier operating under a license issued pursuant to section 75-304.04 ;

(20) Residential care means care for a minor or a person who is physically, mentally, or developmentally disabled who resides in a residential home or facility regulated by the Department of Health and Human Services, including, but not limited to, a foster home, treatment facility, residential child-caring agency, or shelter;

(21) Residential care transportation services means transportation services to persons in residential care when such residential care transportation services and residential care are provided as part of a services contract with the Department of Health and Human Services or pursuant to a subcontract entered into incident to a services contract with the department;

(22) Supported transportation services means transportation services to a minor or for a person who is physically, mentally, or developmentally disabled when the person providing transportation services also assists and supervises the passenger or transportation services to a family member of a minor when it is necessary for provider staff to accompany or facilitate the transportation in order to provide necessary services and support to the minor. Supported transportation services must be provided as part of a services contract with the Department of Health and Human Services or pursuant to a subcontract entered into incident to a services contract with the department, and the driver must meet department requirements for (a) training or experience working with minors or persons who are physically, mentally, or developmentally disabled, (b) training with regard to the specific needs of the client served, (c) reporting to the department, and (d) age. Assisting and supervising the passenger shall not necessarily require the person providing transportation services to stay with the passenger after the transportation services have been provided; and

(23) Transportation network company has the definition found in section 75-323 . A transportation network company shall not own, control, operate, or manage drivers' personal vehicles.

Laws 1963, c. 425, art. III, § 2, p. 1375;

Laws 1969, c. 606, § 1, p. 2467;

Laws 1972, LB 1370, § 1;

Laws 1989, LB 78, § 18;

Laws 1990, LB 980, § 25;

Laws 1993, LB 121, § 464;

Laws 1993, LB 412, § 2;

Laws 1995, LB 424, § 22;

Laws 1996, LB 1218, § 43;

Laws 1999, LB 594, § 66;

Laws 2006, LB 1069, § 3;

Laws 2007, LB358, § 12;

Laws 2011, LB112, § 1;

Laws 2013, LB265, § 45;

Laws 2015, LB629, § 23;

Laws 2020, LB461, § 6.

Child Care Licensing Act, see section 71-1908 .

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

In considering an application for a permit as a contract carrier, the Nebraska State Railway Commission is required to weigh the special needs of shippers desiring contract service against the adequacy of existing common carrier service. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).

Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

In considering an application for a permit as a contract carrier, the Nebraska State Railway Commission is required to weigh the special needs of shippers desiring contract service against the adequacy of existing common carrier service. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).

In considering an application for a permit as a contract carrier, the Nebraska State Railway Commission is required to weigh the special needs of shippers desiring contract service against the adequacy of existing common carrier service. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).
Neb. Rev. Stat. § 75-150 — NE Code / Chapter 75 / Section 75-150
View Statute 75-150
Status: in_force

No order authorizing the issuance of securities shall become operative until the applicant pays to the commission fees as follows: Upon applications totaling not more than twenty-five thousand dollars, the fee shall be twenty-five dollars; and upon applications totaling more than twenty-five thousand dollars, the fee shall be twenty-five dollars for the first twenty-five thousand dollars, one dollar per one thousand dollars for the next seventy-five thousand dollars, and twenty-five cents per one thousand dollars for all amounts in excess of one hundred thousand dollars, except that the total fee shall in no case exceed the sum of two thousand five hundred dollars. The fee shall be computed on the par value principal amount of the stock, or in the case of no par stock, on the declared or offering price, whichever is greater. The commission shall remit the fees received to the State Treasurer for credit to the General Fund. The actual and necessary expenses of the commission incurred in investigating the application to sell securities shall be paid by the applicant, who may be required by the commission to deposit in advance a sum sufficient therefor. Any balance thereof shall be returned to the applicant.

Laws 1963, c. 425, art. I, § 50, p. 1373;

Laws 1969, c. 605, § 1, p. 2466;

Laws 1982, LB 928, § 57;

Laws 1994, LB 414, § 61.
Neb. Rev. Stat. § 75-309 — NE Code / Chapter 75 / Section 75-309
View Statute 75-309
Status: in_force

Except for operations pursuant to a contract authorized by sections 75-303.02 and 75-303.03 , it shall be unlawful for any common or contract carrier by motor vehicle subject to the provisions of sections 75-101 to 75-155 and 75-301 to 75-322 to engage in any intrastate operations on any public highway in Nebraska unless there is in force with respect to such common carrier a certificate of public convenience and necessity, a permit to such contract carrier, or a permit to a transportation network company under section 75-324 , issued by the commission which authorizes such operations.

Laws 1963, c. 425, art. III, § 9, p. 1381;

Laws 1967, c. 479, § 15, p. 1482;

Laws 1989, LB 78, § 24;

Laws 1993, LB 412, § 9;

Laws 1994, LB 414, § 72;

Laws 1995, LB 424, § 36;

Laws 2015, LB629, § 28;

Laws 2017, LB263, § 86.

The Public Service Commission has original jurisdiction and sole power to grant, amend, deny, revoke, or transfer common carrier certificates of public convenience and necessity, and such proceedings are administrative and legislative in character. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991).

The Public Service Commission has original jurisdiction and sole power to grant, amend, deny, revoke, or transfer common carrier certificates of public convenience and necessity, and such proceedings are administrative and legislative in character. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991).

Applicant's fitness and his claimed violation hereof are to be judged by the commission on the record before it. Robinson v. National Trailer Convoy, Inc., 188 Neb. 474, 197 N.W.2d 633 (1972).

Applicant's fitness and his claimed violation hereof are to be judged by the commission on the record before it. Robinson v. National Trailer Convoy, Inc., 188 Neb. 474, 197 N.W.2d 633 (1972).

Carrier has no right to tack authorities unless that right is granted in certificate. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Carrier has no right to tack authorities unless that right is granted in certificate. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
Neb. Rev. Stat. § 75-322 — NE Code / Chapter 75 / Section 75-322
View Statute 75-322
Status: in_force

If a trustee, receiver, assignee, custodian, or similar officer or officers, shall be appointed by a court of competent jurisdiction, or shall be selected by creditors in accordance with provisions of law, with authority to take or retain possession and to operate the property and business of a certificate or permit holder, such officer or officers shall have authority to perform the service authorized in the certificate or permit of the debtor carrier for a period of ninety days from his or their appointment or selection. Such officer or officers may petition the commission for authority to conduct the operations for an additional period of time, and the commission may, for good cause shown, grant such authority. If such petition is filed within ninety days of the appointment or selection of the petitioner or petitioners, he or they shall have the authority to continue such operations pending decision by the commission on the petition. In considering such petitions, pertinent orders or decrees of the court having jurisdiction may be deemed cause for the granting thereof.

Laws 1963, c. 425, art. III, § 22, p. 1387.

A trustee in bankruptcy, receiver, or custodian in possession under a bankruptcy arrangement, of a carrier, has the rights in the certificate of convenience and necessity of the carrier which are provided by this section, and these rights must be respected by the Nebraska Public Service Commission. Neb. Public Service Commission v. Grand Island Mov. & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

A trustee in bankruptcy, receiver, or custodian in possession under a bankruptcy arrangement, of a carrier, has the rights in the certificate of convenience and necessity of the carrier which are provided by this section, and these rights must be respected by the Nebraska Public Service Commission. Neb. Public Service Commission v. Grand Island Mov. & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
Neb. Rev. Stat. § 75-905 — NE Code / Chapter 75 / Section 75-905
View Statute 75-905
Status: in_force

(1) No seller shall have recourse to the grain dealer's security unless the seller:

(a) Demands payment from the grain dealer within fifteen days after the date of the last shipment of any contract;

(b) Negotiates any negotiable instrument issued as payment for grain by the grain dealer within fifteen days after its issuance; and

(c) Notifies the commission within fifteen days after any apparent loss to be covered under the terms of the grain dealer's security.

(2) The grain dealer's security shall provide security for direct delivery grain until any post-direct delivery storage position is created for a period not to exceed fifteen days after the date of the last shipment of the contract.

Laws 1985, LB 389, § 7;

Laws 1986, LB 1007, § 4;

Laws 1996, LB 1123, § 3;

Laws 2005, LB 52, § 3;

Laws 2005, LB 439, § 3;

Laws 2015, LB183, § 4.

Grain sellers claims on grain dealer's bond denied because claims were not filed with the Public Service Commission within 10 days of apparent loss. Fecht v. Quality Processing, 244 Neb. 522, 508 N.W.2d 236 (1993).

Grain sellers claims on grain dealer's bond denied because claims were not filed with the Public Service Commission within 10 days of apparent loss. Fecht v. Quality Processing, 244 Neb. 522, 508 N.W.2d 236 (1993).

A buyer's failure to give the seller a proper receipt as required by section 75-904 does not render null and void the time requirements of this section to preserve a claim against the buyer's security pursuant to section 75-906. Fecht v. The Bunnell Co., 243 Neb. 1, 497 N.W.2d 50 (1993).

A buyer's failure to give the seller a proper receipt as required by section 75-904 does not render null and void the time requirements of this section to preserve a claim against the buyer's security pursuant to section 75-906. Fecht v. The Bunnell Co., 243 Neb. 1, 497 N.W.2d 50 (1993).
Neb. Rev. Stat. § 75-118 — NE Code / Chapter 75 / Section 75-118
View Statute 75-118
Status: in_force

The commission shall:

(1) Until July 1, 2021, fix all necessary rates, charges, and regulations governing and regulating the transportation, storage, or handling of household goods by any common carrier in Nebraska intrastate commerce;

(2) Fix all necessary rates, charges, and regulations governing and regulating the transportation of passengers by any common carrier in Nebraska intrastate commerce;

(3) Until July 1, 2021, make all necessary classifications of household goods that may be transported, stored, or handled by any common carrier in Nebraska intrastate commerce, such classifications applying to and being the same for all common carriers;

(4) Authorize the transportation of (a) household goods under a license issued pursuant to section 75-304.03 or (b) employees of a railroad carrier under a license issued pursuant to section 75-304.04 ;

(5) Prevent and correct the unjust discriminations set forth in section 75-126 ;

(6) Enforce all statutes and commission regulations pertaining to rates and, if necessary, institute actions in the appropriate court of any county in which the common carrier involved operates except actions instituted pursuant to sections 75-140 and 75-156 to 75-158 . All suits shall be brought and penalties recovered in the name of the state by or under the direction of the Attorney General; and

(7) Enforce the Major Oil Pipeline Siting Act and the State Natural Gas Regulation Act.

Laws 1963, c. 425, art. I, § 18, p. 1360;

Laws 1989, LB 78, § 8;

Laws 1994, LB 414, § 36;

Laws 1995, LB 424, § 10;

Laws 2003, LB 790, § 66;

Laws 2011, First Spec. Sess., LB1, § 17;

Laws 2020, LB461, § 2.

Major Oil Pipeline Siting Act, see section 57-1401 .

State Natural Gas Regulation Act, see section 66-1801 .

Evidence of the existing rates for services as established by the Interstate Commerce Commission constitutes prima facie evidence of the reasonableness of the rates for the same services when performed in intrastate commerce in this state. Nebraska Railroads of Omaha v. Nebco, Inc., 194 Neb. 322, 231 N.W.2d 505 (1975).

Evidence of the existing rates for services as established by the Interstate Commerce Commission constitutes prima facie evidence of the reasonableness of the rates for the same services when performed in intrastate commerce in this state. Nebraska Railroads of Omaha v. Nebco, Inc., 194 Neb. 322, 231 N.W.2d 505 (1975).

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

This section referred to in decision to the effect that the State Railway Commission is empowered to fix joint line rates. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).

This section referred to in decision to the effect that the State Railway Commission is empowered to fix joint line rates. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).

Railway Commission has a duty to prescribe necessary rates and classification of freight. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).

Railway Commission has a duty to prescribe necessary rates and classification of freight. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
Neb. Rev. Stat. § 75-329 — NE Code / Chapter 75 / Section 75-329
View Statute 75-329
Status: in_force

(1) The commission or the employees or duly authorized agents of the commission may, in a mutually agreed-upon setting, inspect any records held by a transportation network company which the commission determines are necessary to review to ensure public safety, including information obtained pursuant to section 75-326 . Such inspection of records shall occur no more than once each calendar quarter unless the commission finds it necessary pursuant to rules and regulations adopted and promulgated by the commission. Such inspection shall be conducted on an audit basis rather than a comprehensive basis.

(2) In response to a specific complaint, the commission may inspect any records held by a transportation network company which the commission determines are necessary to investigate and resolve the complaint, including information obtained pursuant to section 75-326 .

(3) Any records obtained or inspected pursuant to this section shall not be considered public records subject to sections 84-712 to 84-712.09 and shall not be subject to disclosure by the commission except when publicly disclosed as evidence in a civil penalty proceeding pursuant to section 75-156 or in a criminal proceeding prosecuted by the state.

Laws 2015, LB629, § 8.
Neb. Rev. Stat. § 75-113 — NE Code / Chapter 75 / Section 75-113
View Statute 75-113
Status: in_force

The commission may prescribe the forms of any and all accounts and records to be kept by a regulated motor carrier as defined in section 75-302 or common carriers subject to its jurisdiction, including the accounts, records, and memoranda of the movement of traffic as well as the receipts and expenditures of money. The commission shall not prohibit any such carrier from capitalizing on its balance sheet the value of any certificate or permit held by such carrier. The commission shall at all times have access to all accounts, records, and memoranda kept by such carriers, and it shall be unlawful for such carriers to keep any other accounts, records, or memoranda than those prescribed or approved by the commission, except as provided in this section.

Laws 1963, c. 425, art. I, § 13, p. 1358;

Laws 1989, LB 78, § 3;

Laws 1994, LB 414, § 34;

Laws 1995, LB 424, § 5.
Neb. Rev. Stat. § 75-119 — NE Code / Chapter 75 / Section 75-119
View Statute 75-119
Status: in_force

When any common carrier or other interested person petitions the commission alleging that a rate, rule, or regulation should be prescribed when none exists or alleging that an existing rule, regulation, or rate is unreasonably high or low, unjust, or discriminatory, notice shall be given to the common carriers affected in accordance with the commission's rules for notice and hearing. The minimum notice to be given under this section shall be ten days. The order granting or denying the petition or application shall be mailed to the parties of record. If a petition or application is not opposed after notice has been given, the commission may act upon such petition or application without a hearing.

Laws 1963, c. 425, art. I, § 19, p. 1361;

Laws 1967, c. 479, § 4, p. 1476;

Laws 1994, LB 414, § 37.

The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).

The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).

Common carriers are entitled to be heard in rate case. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).

Common carriers are entitled to be heard in rate case. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).

The State Railway Commission is without authority to fix or change a schedule and classification of rates without notice and hearing. Chicago, B. & Q. R.R. Co. v. Nebraska State Railway Commission, 180 Neb. 587, 144 N.W.2d 432 (1966).

The State Railway Commission is without authority to fix or change a schedule and classification of rates without notice and hearing. Chicago, B. & Q. R.R. Co. v. Nebraska State Railway Commission, 180 Neb. 587, 144 N.W.2d 432 (1966).
Neb. Rev. Stat. § 75-902 — NE Code / Chapter 75 / Section 75-902
View Statute 75-902
Status: in_force

For purposes of the Grain Dealer Act, unless the context otherwise requires:

(1) Commission means the Public Service Commission;

(2) Direct delivery grain has the same meaning as in section 88-526 ;

(3) Direct delivery obligation has the same meaning as in section 88-526 ;

(4)(a) Grain means, but is not limited to, all unprocessed beans, whole corn, milo and other sorghum, wheat, rye, barley, oats, millet, safflower seed and processed plant pellets, alfalfa pellets, and any other bulk pelleted agricultural storable commodity, except grain which has been processed or packaged for distribution as seed.

(b) Grain includes all commodities described in subdivision (4)(a) of this section whether grown and marketed as fungible commodities or within segregated marketing channels, including, but not limited to, certified organic commodities;

(5)(a) Grain dealer means any person, partnership, limited liability company, corporation, or association that (i) buys grain from the producer of the grain within this state for purposes of selling such grain or (ii) acts as an employee or agent of a buyer or seller for purposes of collective bargaining in the marketing of grain.

(b) Grain dealer does not include (i) a feeder or custom feeder of livestock or poultry or (ii) a warehouse licensee under the Grain Warehouse Act or a warehouse licensee under the United States Warehouse Act of a warehouse located in Nebraska if the warehouse licensee does not buy, sell, or transport grain other than grain that is received at its licensed warehouse facilities;

(6) In-store transfer has the same meaning as in section 88-526 ;

(7) Post-direct delivery storage position has the same meaning as in section 88-526 ; and

(8) Producer means the owner, tenant, or operator of land in this state who has an interest in and receives all or part of the proceeds from the sale of grain produced on that land.

Laws 1985, LB 389, § 4;

Laws 1987, LB 507, § 2;

Laws 1996, LB 1123, § 1;

Laws 2003, LB 735, § 3;

Laws 2005, LB 439, § 1;

Laws 2015, LB183, § 1;

Laws 2024, LB262, § 24.

Grain Warehouse Act, see section 88-525 .
Neb. Rev. Stat. § 75-110.01 — NE Code / Chapter 75 / Section 75-110.01
View Statute 75-110.01
Status: in_force

A summary of the authority or relief sought in an application or petition shall be set out in the notice given according to the rules the commission shall adopt. After notice of an application or petition has been given as provided by the rules for notice, the commission may process the application or petition without a hearing by use of affidavits if the application or petition is not opposed. The commission shall not deny an application or petition of a common carrier, pipeline carrier, or jurisdictional utility until after it has either given the applicant a hearing thereon, or received the applicant's affidavits and made them a part of the record.

Laws 1967, c. 479, § 2, p. 1476;

Laws 2003, LB 790, § 64;

Laws 2011, First Spec. Sess., LB1, § 15.

Railway Commission is required to hold a hearing on an application on a petition unless it is not opposed and its disposition is made by use of affidavits. Allen v. Omaha Transit Co., Inc., 187 Neb. 156, 187 N.W.2d 760 (1971).

Railway Commission is required to hold a hearing on an application on a petition unless it is not opposed and its disposition is made by use of affidavits. Allen v. Omaha Transit Co., Inc., 187 Neb. 156, 187 N.W.2d 760 (1971).
Neb. Rev. Stat. § 86-140 — NE Code / Chapter 75 / Section 86-140
86-140
Status: in_force

(1) Access charges imposed by telecommunications companies for access to a local exchange network for interexchange service shall be negotiated by the telecommunications companies involved. Any affected telecommunications company may apply for review of such charges by the commission, or the commission may make a motion to review such charges. Upon such application or motion and unless otherwise agreed to by all parties thereto, the commission shall, upon proper notice, hold and complete a hearing thereon within ninety days of the filing. The commission may, within sixty days after the close of the hearing, enter an order setting access charges which are fair and reasonable. The commission shall set an access charge structure for each local exchange carrier but may order discounts where there is not available access of equal type and quality for all interexchange carriers, except that the commission shall not order access charges which would cause the annual revenue to be realized by the local exchange carrier from all interexchange carriers to be less than the annual costs, as determined by the commission based upon evidence received at hearing, incurred or which will be incurred by the local exchange carrier in providing such access services. Any actions taken pursuant to this subsection shall be substantially consistent with the federal act and federal actions taken under its authority.

(2) Reductions made to access charges pursuant to subsection (1) of this section shall be passed on to the customers of interexchange service carriers in Nebraska whose payment of charges has been reduced. The commission shall have the power and authority to (a) ensure that any access charge reductions made pursuant to subsection (1) of this section are passed on in a manner that is fair and reasonable and (b) review actions taken by any telecommunications company to ensure that this subsection is carried out.

(3) For purposes of this section, access charges means the charges paid by telecommunications companies to local exchange carriers in order to originate and terminate calls using local exchange facilities.

Laws 1963, c. 425, art. VI, § 9, p. 1420;

Laws 1982, LB 573, § 1;

Laws 1986, LB 835, § 14;

Laws 1994, LB 414, § 104;

Laws 1999, LB 514, § 2;

Laws 2000, LB 1285, § 11;

R.S.Supp.,2000, § 75-609;

Laws 2002, LB 1105, § 39;

Laws 2007, LB661, § 2.

This section places no limitation on the right to negotiate or review access charges. AT&T Communications v. Nebraska Public Serv. Comm., 283 Neb. 204, 811 N.W.2d 666 (2012).

This section places no limitation on the right to negotiate or review access charges. AT&T Communications v. Nebraska Public Serv. Comm., 283 Neb. 204, 811 N.W.2d 666 (2012).
Neb. Rev. Stat. § 75-308 — NE Code / Chapter 75 / Section 75-308
View Statute 75-308
Status: in_force

It is unlawful for a regulated motor carrier to engage in the transportation of passengers or, until July 1, 2021, household goods, in intrastate commerce unless the motor carrier has filed, published, and kept open for inspection its tariff schedule as provided in section 75-124 in the manner prescribed by the commission pursuant to such section. Until July 1, 2021, no regulated motor carrier shall engage in the transportation of household goods in intrastate commerce unless it has obtained a copy of the most current applicable tariff, or a tariff prepared by a tariff publishing bureau or an individual, which conforms with the rates and charges prescribed by the commission.

Laws 1963, c. 425, art. III, § 8, p. 1380;

Laws 1983, LB 309, § 1;

Laws 1995, LB 424, § 34;

Laws 2020, LB461, § 11.
Neb. Rev. Stat. § 74-1337 — NE Code / Chapter 75 / Section 74-1337
74-1337
Status: in_force

Whenever railroad tracks cross a public highway at grade, outside of incorporated cities and villages, the owner of the railroad tracks and the county board of the county in which such crossing is located may agree upon any change, alteration, or construction of any crossing as will promote the public convenience or safety, and they may also agree upon the relocation of any highway so as to eliminate such crossings entirely or so as to carry them over or under such railroad and upon the apportionment of the expenses incident to any such change, alteration, relocation, or construction between the owner of the railroad tracks and the county or other public authority in interest.

Laws 1963, c. 425, art. IV, § 15, p. 1403;

Laws 1994, LB 414, § 90;

R.S.1943, (1996), § 75-415;

Laws 1997, LB 255, § 9.
Neb. Rev. Stat. § 75-301 — NE Code / Chapter 75 / Section 75-301
View Statute 75-301
Status: in_force

(1) It is the policy of the Legislature to comply with the laws of the United States, to promote uniformity of regulation, to prevent motor vehicle accidents, deaths, and injuries, to protect the public safety, to reduce redundant regulation, to promote financial responsibility on the part of all motor carriers operating in and through the state, and to foster the development, coordination, and preservation of a safe, sound, adequate, and productive motor carrier system which is vital to the economy of the state.

(2) It is the policy of the Legislature to (a) regulate transportation by motor carriers of passengers and household goods in intrastate commerce upon the public highways of Nebraska in such manner as to recognize and preserve the inherent advantages of and foster sound economic conditions in such transportation and among such carriers, in the public interest, (b) authorize upon the public highways of Nebraska the transportation in intrastate commerce of (i) household goods by motor carriers under licenses issued pursuant to section 75-304.03 and (ii) employees of railroad carriers engaged in interstate commerce to or from their work locations under licenses issued pursuant to section 75-304.04 , (c) promote adequate economical and efficient service by motor carriers and reasonable charges therefor without unjust discrimination, undue preferences or advantages, and unfair or destructive competitive practices, (d) improve the relations between and coordinate transportation by and regulation of such motor carriers and other carriers, (e) develop and preserve a highway transportation system properly adapted to the needs of the commerce of Nebraska, (f) cooperate with the several states and the duly authorized officials thereof, and (g) cooperate with the United States Government in the administration and enforcement of the unified carrier registration plan and agreement.

The commission, the Division of Motor Carrier Services, and the carrier enforcement division shall enforce all provisions of section 75-126 and Chapter 75, article 3, so as to promote, encourage, and ensure a safe, dependable, responsive, and adequate transportation system for the public as a whole.

Laws 1963, c. 425, art. III, § 1, p. 1374;

Laws 1989, LB 78, § 14;

Laws 1995, LB 424, § 21;

Laws 1996, LB 1218, § 42;

Laws 2009, LB331, § 14;

Laws 2020, LB461, § 5.

1. Public interest factors

1. Public interest factors

2. Jurisdiction

2. Jurisdiction

3. Miscellaneous

3. Miscellaneous

1. Public interest factors

1. Public interest factors

Denial of an application for authority to provide charter service in Nebraska because such a grant would endanger or impair operations of existing carriers, contrary to the public interest, found to be appropriate. In re Application of Crusader Coach Lines, 213 Neb. 53, 327 N.W.2d 98 (1982).

Denial of an application for authority to provide charter service in Nebraska because such a grant would endanger or impair operations of existing carriers, contrary to the public interest, found to be appropriate. In re Application of Crusader Coach Lines, 213 Neb. 53, 327 N.W.2d 98 (1982).

Where there is evidence to sustain the factors for and against the issuance of a permit to a contract carrier, required to be considered by the Nebraska State Railway Commission, the determination of the public interest is for the commission and not the courts. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).

Where there is evidence to sustain the factors for and against the issuance of a permit to a contract carrier, required to be considered by the Nebraska State Railway Commission, the determination of the public interest is for the commission and not the courts. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).

., 188 Neb. 584, 198 N.W.2d 195 (1972).

Where there is evidence to sustain the factors for and against the issuance of a permit to a contract carrier, required to be considered by the Nebraska State Railway Commission, the determination of the public interest is for the commission and not the courts. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 188 Neb. 584, 198 N.W.2d 195 (1972).

Purpose of Nebraska Motor Carrier Act was not to stifle legitimate competition but to permit it where public convenience and necessity requires. Petroleum Transport Service, Inc. v. Wheeler Transport Service, Inc., 188 Neb. 400, 197 N.W.2d 8 (1972).

Purpose of Nebraska Motor Carrier Act was not to stifle legitimate competition but to permit it where public convenience and necessity requires. Petroleum Transport Service, Inc. v. Wheeler Transport Service, Inc., 188 Neb. 400, 197 N.W.2d 8 (1972).

A permit which at best would merely allow one carrier to gain a competitive advantage over another in performing substantially the same service will not be granted. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 186 Neb. 261, 182 N.W.2d 648 (1971).

A permit which at best would merely allow one carrier to gain a competitive advantage over another in performing substantially the same service will not be granted. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 186 Neb. 261, 182 N.W.2d 648 (1971).

Meaning of word necessary has been shaped by policy of act. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).

Meaning of word necessary has been shaped by policy of act. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).

2. Jurisdiction

2. Jurisdiction

The primary consideration of Public Service Commission control is benefit to the public rather than to the individual. Ruan Transp. Corp. v. Herman Bros., Inc., 192 Neb. 343, 220 N.W.2d 245 (1974); Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).

The primary consideration of Public Service Commission control is benefit to the public rather than to the individual. Ruan Transp. Corp. v. Herman Bros., Inc., 192 Neb. 343, 220 N.W.2d 245 (1974); Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

3. Miscellaneous

3. Miscellaneous

A litigant may not request a certificate of public convenience and necessity and in the same action and at the same time challenge the constitutionality of sections 75-301 through 75-322. In re Application of Nebraskaland Leasing & Assocs., 254 Neb. 583, 578 N.W.2d 28 (1998).

A litigant may not request a certificate of public convenience and necessity and in the same action and at the same time challenge the constitutionality of sections 75-301 through 75-322. In re Application of Nebraskaland Leasing & Assocs., 254 Neb. 583, 578 N.W.2d 28 (1998).

Commission had right to adopt rule prohibiting tacking of certain authorities and regulating tacking of other authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Commission had right to adopt rule prohibiting tacking of certain authorities and regulating tacking of other authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

king of certain authorities and regulating tacking of other authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Commission had right to adopt rule prohibiting tacking of certain authorities and regulating tacking of other authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Purpose of Nebraska Motor Carrier Act stated. Poulson v. Hargleroad Van & Storage Co., 183 Neb. 201, 159 N.W.2d 302 (1968).

Purpose of Nebraska Motor Carrier Act stated. Poulson v. Hargleroad Van & Storage Co., 183 Neb. 201, 159 N.W.2d 302 (1968).
Neb. Rev. Stat. § 75-909 — NE Code / Chapter 75 / Section 75-909
View Statute 75-909
Status: in_force

Any person or partner, limited liability company member, officer, or agent of any person who knowingly and intentionally violates any of the provisions of the Grain Dealer Act shall be guilty of a Class IV felony and, in addition, shall be liable for any damages suffered as a result of such violation.

Laws 1985, LB 389, § 11;

Laws 1987, LB 507, § 8;

Laws 1989, LB 35, § 1;

Laws 1993, LB 121, § 475;

Laws 1994, LB 884, § 88.
Neb. Rev. Stat. § 75-903 — NE Code / Chapter 75 / Section 75-903
View Statute 75-903
Status: in_force

All grain dealers doing business in this state shall be licensed by the commission. If the applicant is an individual, the application shall include the applicant's social security number. To procure and maintain a license, each grain dealer shall:

(1) Pay an annual fee of one hundred dollars which shall be due on or before the date established by the commission for each license. Such fees shall be paid to the State Treasurer and credited to the General Fund;

(2) File security which may be a bond issued by a corporate surety company and payable to the commission, an irrevocable letter of credit, or a certificate of deposit, subject to the approval of the commission, for the benefit of any producer who files a valid claim arising from a sale to a grain dealer. The security shall be in an amount set by the commission of not less than thirty-five thousand dollars and not more than one million dollars. Amounts used in the calculation of the security shall include all direct delivery grain purchases and exchanges valued on the date delivery is made. Amounts used in the calculation of the security shall not include any transactions in which direct delivery grain is exchanged for a post-direct delivery storage position and the post-direct delivery storage position is created by an in-store transfer on the same date as the delivery of the direct delivery grain. Such security shall be furnished on the condition that the licensee will pay for any grain purchased upon demand, not later than fifteen days after the date of the last shipment of any contract. The liability of the surety shall cover purchases made by the grain dealer during the time the bond is in force. A grain dealer's bond filed with the commission shall be in continuous force and effect until canceled by the surety. The liability of the surety on any bond required by this section shall not accumulate for each successive license period during which the bond is in force; and

(3) File a reviewed or audited fiscal year-end financial statement prepared by an independent certified public accounting firm. If licensing as an individual, the financial statement shall be prepared in accordance with Other Comprehensive Basis of Accountancy, as filed with the board, for a personal financial statement, using historical cost and accrual basis of accounting. If licensing as a partnership, corporation, or limited liability company, the financial statement shall be prepared in accordance with accounting principles generally accepted. The financial statement shall include: (a) A statement of income showing profit or loss; (b) a balance sheet; (c) a statement of cash flow; (d) a statement of proprietor's capital or retained earnings; (e) the volume and dollar value of the grain purchases the licensee made in Nebraska during the fiscal year; (f) the volume and dollar value of transactions in which direct delivery grain is exchanged for a post-direct delivery storage position and the post-direct delivery storage position is not created by an in-store transfer on the same date as the delivery of the direct delivery grain; and (g) the accounting firm's certification, assurances, opinions, and comments and the notes with respect to the financial statement. If the volume and dollar value of the grain purchases is not reported, the grain dealer shall file the maximum grain dealer security as required by the Grain Dealer Act.

created by an in-store transfer on the same date as the delivery of the direct delivery grain; and (g) the accounting firm's certification, assurances, opinions, and comments and the notes with respect to the financial statement. If the volume and dollar value of the grain purchases is not reported, the grain dealer shall file the maximum grain dealer security as required by the Grain Dealer Act.

(4) If an applicant for a grain dealer license is a wholly owned subsidiary of a parent company and such a financial statement is not prepared for the subsidiary, the parent company shall submit its reviewed or audited fiscal year-end financial statement and shall execute an unconditional guarantee agreement as prescribed by the commission.

Laws 1985, LB 389, § 5;

Laws 1987, LB 507, § 3;

Laws 1996, LB 1123, § 2;

Laws 1997, LB 752, § 201;

Laws 2003, LB 187, § 24;

Laws 2003, LB 735, § 4;

Laws 2005, LB 52, § 1;

Laws 2005, LB 439, § 2;

Laws 2015, LB183, § 2;

Laws 2024, LB262, § 25.

Pursuant to the former subsection (4) of this section, the warehouse bond and the dealer bond cannot be combined, because the activity covered by each bond is unique and the requirements for bond protection under each bond are different. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).

Pursuant to the former subsection (4) of this section, the warehouse bond and the dealer bond cannot be combined, because the activity covered by each bond is unique and the requirements for bond protection under each bond are different. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).
Neb. Rev. Stat. § 75-334 — NE Code / Chapter 75 / Section 75-334
View Statute 75-334
Status: in_force

(1) Beginning on September 1, 2015, the following requirements shall apply to transportation network company insurance during the application open stage:

(a) Transportation network company insurance shall be primary and in the amount of at least twenty-five thousand dollars for death and personal injury per person, fifty thousand dollars for death and personal injury per incident, and twenty-five thousand dollars for property damage; and

(b) Uninsured motorist coverage pursuant to the Uninsured and Underinsured Motorist Insurance Coverage Act.

(2) The requirements for the coverage required by this section may be satisfied by any of the following:

(a) Transportation network company insurance maintained by a participating driver;

(b) Transportation network company insurance maintained by a transportation network company; or

(c) Any combination of subdivisions (2)(a) and (b) of this section.

(3) The insurer providing transportation network company insurance under this section shall have the duty to defend and indemnify the insured.

Laws 2015, LB629, § 13.

Uninsured and Underinsured Motorist Insurance Coverage Act, see section 44-6401 .
Neb. Rev. Stat. § 75-139 — NE Code / Chapter 75 / Section 75-139
View Statute 75-139
Status: in_force

(1) Except as otherwise provided in this section, the effective date of a rate order that is appealed shall be the first Monday following the date of the appellate court's mandate if the order is affirmed, except that (a) a shipper may make effective a rate order reducing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate appealed and the original rate to the carrier entitled thereto if the order appealed is reversed and (b) a common carrier may make effective a rate order increasing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate finally approved and the rate appealed to shippers or subscribers entitled thereto if the order appealed is reversed.

(2) A supersedeas bond may be filed by any affected shipper or common carrier, including shippers or common carriers that were not parties to the rate proceeding, at any time prior to the issuance of the appellate court's mandate. Only the shipper or common carrier filing a supersedeas bond shall benefit from such filing.

(3) The commission shall approve a supersedeas bond which meets the requirements of this section within seven days after a written request therefor has been made, and failure to disapprove the bond within the time specified shall be deemed to be an approval.

(4) A carrier may put into effect rate increases granted by a commission order while appealing that portion of the commission's order denying a part of an application of the carrier.

(5) This section does not apply to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838 .

Laws 1963, c. 425, art. I, § 39, p. 1369;

Laws 1967, c. 479, § 14, p. 1481;

Laws 1976, LB 426, § 2;

Laws 1991, LB 732, § 135;

Laws 2013, LB545, § 6.

State Natural Gas Regulation Act, see section 66-1801 .

The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).

The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).
Neb. Rev. Stat. § 74-1332 — NE Code / Chapter 75 / Section 74-1332
74-1332
Status: in_force

The Department of Transportation shall have jurisdiction over all crossings outside of incorporated villages, towns, and cities, both public and private, across, over, or under all railroads in the state, except as provided in sections 74-1338 to 74-1340 , and shall adopt and promulgate such rules and regulations for the construction, repair, and maintenance of the crossings as the department deems adequate and sufficient for the protection and necessity of the public.

Laws 1963, c. 425, art. IV, § 10, p. 1401;

R.S.1943, (1996), § 75-410;

Laws 1997, LB 255, § 4;

Laws 2017, LB339, § 256.

The Nebraska Public Service Commission has no authority to order a railroad company to construct a crossing over its railroad at a point within the limits of a city or village where no street has been opened. The Nebraska Public Service Commission does not have jurisdiction over questions of law arising out of contract or title to real estate. The Nebraska Public Service Commission has no jurisdiction over crossings of railroads within incorporated villages, towns, and cities, except to provide regulations for the safety and convenience of the public. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).

The Nebraska Public Service Commission has no authority to order a railroad company to construct a crossing over its railroad at a point within the limits of a city or village where no street has been opened. The Nebraska Public Service Commission does not have jurisdiction over questions of law arising out of contract or title to real estate. The Nebraska Public Service Commission has no jurisdiction over crossings of railroads within incorporated villages, towns, and cities, except to provide regulations for the safety and convenience of the public. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).
Neb. Rev. Stat. § 75-112 — NE Code / Chapter 75 / Section 75-112
View Statute 75-112
Status: in_force

(1) For purposes of carrying out the powers and duties of the commission related to the subjects under its jurisdiction enumerated in section 75-109.01 , each commissioner and examiner of the commission may:

(a) Administer oaths;

(b) Compel the attendance of witnesses;

(c) Examine any of the books, papers, documents, and records of any motor carrier or regulated motor carrier as defined in section 75-302 or common, contract, or pipeline carrier subject to the jurisdiction of the commission under section 75-109.01 or any jurisdictional utility or have such examination made by any person that the commission may employ for that purpose;

(d) Compel the production of such books, papers, documents, and records; or

(e) Examine under oath or otherwise any officer, director, agent, or employee of any such carrier or jurisdictional utility or any other person.

(2) Any person employed by the commission to examine such books, papers, documents, or records shall produce his or her authority, under the hand and seal of the commission, to make such examination.

(3) The commissioners may certify to all official acts of the commission.

Laws 1963, c. 425, art. I, § 12, p. 1358;

Laws 1989, LB 78, § 2;

Laws 1994, LB 414, § 33;

Laws 1995, LB 424, § 4;

Laws 2003, LB 790, § 65;

Laws 2004, LB 1004, § 1;

Laws 2011, First Spec. Sess., LB1, § 16.
Neb. Rev. Stat. § 75-908 — NE Code / Chapter 75 / Section 75-908
View Statute 75-908
Status: in_force

The commission, county and municipal law enforcement agencies, and the Attorney General shall enforce the Grain Dealer Act.

Laws 1985, LB 389, § 10;

Laws 1987, LB 507, § 7;

Laws 2015, LB183, § 5.
Neb. Rev. Stat. § 75-132.01 — NE Code / Chapter 75 / Section 75-132.01
View Statute 75-132.01
Status: in_force

(1) Notwithstanding the provisions of section 75-131 , the commission shall have exclusive original jurisdiction over any action concerning a violation of any provision of (a) the Automatic Dialing-Announcing Devices Act, the Intrastate Pay-Per-Call Regulation Act, the Nebraska Telecommunications Regulation Act, the Nebraska Telecommunications Universal Service Fund Act, the Telecommunications Relay System Act, the Telephone Consumer Slamming Prevention Act, or the 911 Service System Act by any person providing telecommunications service for a fee in Nebraska intrastate commerce pursuant to such acts or (b) sections 86-574 to 86-578 by an agency or political subdivision of the state.

(2) If the commission enters an order declining jurisdiction under subsection (1) of this section, any interested person may petition the district court of the county in which such alleged violation has occurred. If it appears to the court, after a hearing, that a provision of such acts or sections has been violated, the court may issue an injunction or other proper process to restrain the telecommunications company and its directors, officers, employees, or agents or the agency or political subdivision of the state from continuing such violation and may order additional relief. Any party to the case shall have the right to appeal the decision of the district court to the Court of Appeals under the rules provided by law for appeals in civil cases.

Laws 2000, LB 1285, § 6;

Laws 2001, LB 827, § 18;

Laws 2002, LB 1105, § 488;

Laws 2003, LB 187, § 18;

Laws 2025, LB362, § 3.

Automatic Dialing-Announcing Devices Act, see section 86-236 .

Intrastate Pay-Per-Call Regulation Act, see section 86-258 .

Nebraska Telecommunications Regulation Act, see section 86-101 .

Nebraska Telecommunications Universal Service Fund Act, see section 86-316 .

911 Service System Act, see section 86-1032 .

Telecommunications Relay System Act, see section 86-301 .

Telephone Consumer Slamming Prevention Act, see section 86-201 .
Neb. Rev. Stat. § 75-369.07 — NE Code / Chapter 75 / Section 75-369.07
View Statute 75-369.07
Status: in_force

(1) If no hearing is requested and none is ordered by the Superintendent of Law Enforcement and Public Safety, the summary order shall automatically become a final order after fifteen business days after receipt of the order pursuant to section 75-369.05 .

(2) If a hearing is requested or ordered, the superintendent shall appoint as hearing officer an attorney licensed to practice law in Nebraska. Every hearing pursuant to sections 75-369.01 to 75-369.07 shall be conducted in accordance with the Administrative Procedure Act.

(3) Every hearing in an administrative proceeding under this section shall be public unless the hearing officer grants a request joined in by all the respondents that the hearing be conducted privately.

(4) Upon agreement by all the parties any time before or during the hearing under this section, the hearing officer may compromise, mitigate, or aggravate any civil penalty. In determining the amount of the civil penalty, the hearing officer shall consider the appropriateness of the civil penalty in light of the gravity of the violation and the good faith of such violator in attempting to achieve compliance after notification of the violation.

(5) The hearing officer, within ten days after the conclusion of the hearing, shall make written findings of fact and conclusions of law to the superintendent. Such findings of fact and conclusions of law shall not be binding upon the superintendent.

(6) If a hearing is requested or ordered, the superintendent, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination.

(7) No final order or order after hearing may be returned by the superintendent without (a) appropriate notice to all interested persons, (b) opportunity for hearing to all interested persons, and (c) entry of written findings of fact and conclusions of law. Any order or decision of the superintendent may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.

Laws 1994, LB 358, § 7.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 75-1011 — NE Code / Chapter 75 / Section 75-1011
View Statute 75-1011
Status: in_force

Notwithstanding section 75-156 , any private water company that violates any provision of the Water Service Regulation Act or any rule, regulation, or order of the commission shall be subject to a civil penalty of not less than fifty dollars nor more than one thousand dollars for each act of violation and for each day of violation to be recovered as provided in section 75-1012 .

Laws 1994, LB 1002, § 11;

Laws 2008, LB755, § 4.
Neb. Rev. Stat. § 75-132 — NE Code / Chapter 75 / Section 75-132
View Statute 75-132
Status: in_force

If a carrier or jurisdictional utility does not satisfy a complaint filed pursuant to section 75-131 within the time allowed and there appears to be a reasonable ground for investigation of the complaint upon its merits, the commission shall convene a hearing on the matters complained of pursuant to its rules of procedure and shall give the parties written notice of the time and place for such hearing. After the hearing, the commission shall make such order with respect to the complaint as it deems just and reasonable. Such order must be consistent with the statutory authority that formed the basis for the complaint.

Laws 1963, c. 425, art. I, § 32, p. 1367;

Laws 1994, LB 414, § 45;

Laws 2003, LB 790, § 71.
Neb. Rev. Stat. § 86-132 — NE Code / Chapter 75 / Section 86-132
86-132
Status: in_force

Whenever any competing telephone plant or exchange has been consolidated with or absorbed by another so that the remaining plant or exchange has a monopoly of or exclusive telephone business of any city or village, the telecommunications company operating the exclusive exchange or plant shall cause all toll or trunk lines formerly terminating in the eliminated exchange to be placed on or connected to its exclusive exchange, shall make and keep such connection in a good and efficient manner, and shall maintain an interchange of business with such trunk or toll lines the same as its own, in a fair and impartial manner, upon the terms set forth in this section and sections 86-131 , 86-140 , and 86-153 . During the period intervening between the time when the first subscribers are taken from the eliminated exchange until the time all have been removed, if such period is more than thirty days, a temporary trunk line shall be established between the two exchanges so that calls may come into both exchanges from the trunk or toll lines of the exchange so absorbed or eliminated and that calls from both exchanges may go out over the lines.

Laws 1963, c. 425, art. VI, § 8, p. 1420;

Laws 1994, LB 414, § 103;

R.S.1943, (1996), § 75-608;

Laws 2002, LB 1105, § 31.
Neb. Rev. Stat. § 75-341 — NE Code / Chapter 75 / Section 75-341
View Statute 75-341
Status: in_force

A participating driver shall carry proof of transportation network company insurance coverage with him or her at all times during his or her use of a vehicle in connection with a transportation network company's online-enabled application or platform. In the event of an accident, a participating driver shall, upon request, provide this insurance coverage information to any other party involved in the accident and to a law enforcement officer.

Laws 2015, LB629, § 20.
Neb. Rev. Stat. § 75-503 — NE Code / Chapter 75 / Section 75-503
View Statute 75-503
Status: in_force

Upon written application of any person who operates or proposes to operate any refinery in this state, after hearing, if in the judgment of the commission the public good shall require, the commission shall enter an order authorizing the tapping of any pipeline at or near any point where the refinery is established or is proposed to be established. In the order, the commission shall provide for the reimbursement of the owner of the pipeline for any expense incident to the tapping thereof for the purposes provided in this section.

Laws 1963, c. 425, art. V, § 3, p. 1417;

Laws 1994, LB 414, § 99.
Neb. Rev. Stat. § 75-151 — NE Code / Chapter 75 / Section 75-151
View Statute 75-151
Status: in_force

Any common carrier which violates any of the provisions of sections 75-146 to 75-150 or which fails, omits, or neglects to obey, observe, or comply with any order, direction, or requirement of the commission under the provisions of such sections shall forfeit to the State of Nebraska a sum not to exceed five thousand dollars for each and every offense. Each violation of any such order or direction or requirement of such sections shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. Each officer and agent of any common carrier who violates or procures, aids, or abets any violation by any such common carrier of any of the provisions of sections 75-146 to 75-150 , who fails to obey, observe, and comply with any order of the commission or any provision of an order of the commission under the terms of such sections, or who procures, aids, or abets any such common carrier in its failure to obey, observe, and comply with any such order or provision shall be guilty of a Class III felony.

Laws 1963, c. 425, art. I, § 51, p. 1373;

Laws 1977, LB 39, § 199;

Laws 1994, LB 414, § 62.
Neb. Rev. Stat. § 75-903.01 — NE Code / Chapter 75 / Section 75-903.01
View Statute 75-903.01
Status: in_force

The commission may, upon complaint filed by it or any person and after a hearing, suspend or revoke the license of any grain dealer for failure to comply with the requirements of the Grain Dealer Act or any rule or regulation adopted and promulgated pursuant to such act. The complaint shall state the grounds for suspension or revocation and shall be filed with the commission pursuant to the commission's rules of procedure. The commission shall serve the grain dealer with a copy of the complaint and a copy of the order of the commission stating the time for hearing, which shall be at least twenty days from the date of service. If the commission determines that the public good requires it, the commission may, upon the filing of a complaint and without hearing, temporarily suspend a grain dealer's license pending the determination of the complaint.

Laws 1987, LB 507, § 4.
Neb. Rev. Stat. § 75-140 — NE Code / Chapter 75 / Section 75-140
View Statute 75-140
Status: in_force

Whenever any person violates or disobeys an order issued by the commission which has been finally established, the commission or any person interested in such order may petition to the district court of Lancaster County alleging violation or disobedience thereof. The court may determine the matter on such notice to the person complained of as the court deems reasonable. The notice may be served on such person as the court directs.

Laws 1963, c. 425, art. I, § 40, p. 1369;

Laws 1989, LB 78, § 12;

Laws 1993, LB 42, § 12;

Laws 1994, LB 414, § 53.
Neb. Rev. Stat. § 75-1006 — NE Code / Chapter 75 / Section 75-1006
View Statute 75-1006
Status: in_force

A private water company which proposes to change any of its rates or charges shall provide sixty days' notice to its customers and the commission of the proposed rates or charges.

Laws 1994, LB 1002, § 6.
Neb. Rev. Stat. § 75-701 — NE Code / Chapter 75 / Section 75-701
View Statute 75-701
Status: in_force

The commission shall have no jurisdiction over the rates, tolls, rents, and charges of districts organized under sections 70-601 to 70-672 .

Laws 1963, c. 425, art. VII, § 1, p. 1422;

Laws 1987, LB 28, § 1;

Laws 1994, LB 414, § 113.
Neb. Rev. Stat. § 75-398 — NE Code / Chapter 75 / Section 75-398
View Statute 75-398
Status: in_force

Any foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder operating any motor vehicle in violation of sections 75-392 to 75-3,100 , any rule or regulation adopted and promulgated pursuant to such sections, or any order of the division issued pursuant to such sections is guilty of a Class IV misdemeanor and shall also be subject to section 75-369.03 . Each day of the violation constitutes a separate offense.

Laws 2007, LB358, § 7;

Laws 2009, LB331, § 23;

Laws 2020, LB944, § 85.
Neb. Rev. Stat. § 75-367 — NE Code / Chapter 75 / Section 75-367
View Statute 75-367
Status: in_force

Any person who violates any of the provisions adopted under section 75-363 or 75-364 shall be guilty of a Class III misdemeanor.

Laws 1986, LB 301, § 5;

Laws 1994, LB 414, § 79.
Neb. Rev. Stat. § 75-366 — NE Code / Chapter 75 / Section 75-366
View Statute 75-366
Status: in_force

For the purpose of enforcing Chapter 75, article 3, any officer of the Nebraska State Patrol may, upon demand, inspect the accounts, records, and equipment of any motor carrier or shipper. Any officer of the Nebraska State Patrol shall have the authority to enforce the federal motor carrier safety regulations, as such regulations existed on the date specified in section 75-365 , and federal hazardous materials regulations, as such regulations existed on the date specified in section 75-365 , and is authorized to enter upon, inspect, and examine any and all lands, buildings, and equipment of any motor carrier, any shipper, and any other person subject to the federal Interstate Commerce Act, the federal Department of Transportation Act, and other related federal laws and to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of a motor carrier, a shipper, and any other person subject to Chapter 75, article 3, for the purposes of enforcing Chapter 75, article 3. To promote uniformity of enforcement, the carrier enforcement division of the Nebraska State Patrol shall cooperate and consult with the Public Service Commission and the Division of Motor Carrier Services.

Laws 1986, LB 301, § 4;

Laws 1987, LB 538, § 2;

Laws 1990, LB 980, § 31;

Laws 1995, LB 424, § 48;

Laws 1996, LB 1218, § 60;

Laws 2002, LB 93, § 18;

Laws 2003, LB 480, § 4;

Laws 2012, LB751, § 51;

Laws 2013, LB35, § 8;

Laws 2014, LB983, § 63;

Laws 2015, LB313, § 9;

Laws 2016, LB929, § 13;

Laws 2017, LB263, § 90;

Laws 2018, LB909, § 123;

Laws 2019, LB79, § 24;

Laws 2020, LB944, § 80;

Laws 2021, LB149, § 23;

Laws 2022, LB750, § 81;

Laws 2023, LB138, § 53;

Laws 2024, LB1200, § 62;

Laws 2025, LB398, § 60.
Neb. Rev. Stat. § 75-401 — NE Code / Chapter 75 / Section 75-401
View Statute 75-401
Status: in_force

The commission shall exercise jurisdiction over the service, facilities, and equipment of all railroad carriers in this state. This jurisdiction shall extend and apply to the general public, as well as those having business relations with the railroad carrier. Sections 75-401 to 75-430 shall not be construed as giving the commission jurisdiction or control over the relations between any railroad carrier and its employees, or its employees' order, union, or other bargaining agent, either contractual or otherwise, except as provided in sections 75-419 to 75-426 .

The commission shall enforce the standards of railroad safety set forth in 49 C.F.R. parts 213, 215, 223, 229, 231, and 232.

Laws 1963, c. 425, art. IV, § 1, p. 1398;

Laws 1994, LB 414, § 82.

Powers of Railway Commission hereunder are not limited by statute authorizing enforcement by injunction in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).

Powers of Railway Commission hereunder are not limited by statute authorizing enforcement by injunction in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).
Neb. Rev. Stat. § 75-305 — NE Code / Chapter 75 / Section 75-305
View Statute 75-305
Status: in_force

(1) Every regulated motor carrier subject to sections 75-301 to 75-322 other than transportation network companies shall pay an annual fee not exceeding the sum of eighty dollars for each motor vehicle operated, which fee shall be fixed by the commission and shall not exceed the amount actually necessary to sustain the administration and enforcement of such sections. When the applicant has registered his or her motor vehicles under section 60-3,198 , such fee shall be payable on whichever shall be the lesser of (a) the proportion of his or her fleet so registered or (b) the number of motor vehicles owned by him or her and actually used in intrajurisdiction business within this state, except that such annual fee for any truck-trailer or tractor-trailer combination shall be one hundred twenty dollars. In the case of a truck-trailer or tractor-trailer combination, only one license plate shall be required for such combination.

(2) Every transportation network company shall pay an annual fee. The company may choose to pay either twenty-five thousand dollars or not to exceed eighty dollars for each personal vehicle operated by a driver of the transportation network company. The commission shall establish the amount per vehicle so that the amount collected does not exceed the amount actually necessary to sustain the administration and enforcement of laws, rules, and regulations governing transportation network companies.

(3) Such annual fees shall be due and payable on or before January 1 and shall be delinquent on March 1 of each year after such permit or certificate has been issued. If the initial certificate or permit is issued to a motor carrier on or after July 1, the fee shall be fifty percent of the annual fee. Such fees shall be paid to and collected by the commission and remitted to the State Treasurer within thirty days of receipt. The State Treasurer shall credit fees received pursuant to subsection (2) of this section to the Transportation Network Company Regulation Cash Fund for enforcement of laws, rules, and regulations governing transportation network companies. The State Treasurer shall credit fees received pursuant to subsection (1) of this section to the General Fund.

Laws 1963, c. 425, art. III, § 5, p. 1378;

Laws 1969, c. 606, § 4, p. 2470;

Laws 1982, LB 928, § 58;

Laws 1989, LB 78, § 21;

Laws 1993, LB 412, § 7;

Laws 1995, LB 424, § 28;

Laws 1996, LB 1218, § 46;

Laws 2003, LB 187, § 23;

Laws 2003, LB 563, § 40;

Laws 2005, LB 274, § 270;

Laws 2015, LB629, § 25.
Neb. Rev. Stat. § 75-155 — NE Code / Chapter 75 / Section 75-155
View Statute 75-155
Status: in_force

Unless a more specific criminal penalty is provided, any person who knowingly and willfully violates Chapter 75 or 86, any rule, regulation, or order of the commission, or any term or condition of any permit or certificate issued by the commission is guilty of a Class IV misdemeanor. Each day of such violation constitutes a separate offense.

Laws 1965, c. 446, § 2, p. 1416;

Laws 1977, LB 39, § 200;

Laws 1989, LB 78, § 13;

Laws 1994, LB 414, § 66;

Laws 2002, LB 1105, § 492.
Neb. Rev. Stat. § 75-704 — NE Code / Chapter 75 / Section 75-704
View Statute 75-704
Status: in_force

It shall be unlawful for any person to place any wire across any railroad track in this state at public highway crossings except in such manner as may be prescribed by the commission as provided in section 75-703 .

Laws 1963, c. 425, art. VII, § 4, p. 1422;

Laws 1994, LB 414, § 116.
Neb. Rev. Stat. § 75-1009 — NE Code / Chapter 75 / Section 75-1009
View Statute 75-1009
Status: in_force

(1) No rate or charge determined by the commission pursuant to the Water Service Regulation Act may yield more than a fair return on the fair value of property used and useful in rendering service to the public.

(2) The commission shall not include in the basis for establishment of the rate or charge any amounts spent by the private water company for advertising or other public relations expenses.

Laws 1994, LB 1002, § 9.
Neb. Rev. Stat. § 75-502 — NE Code / Chapter 75 / Section 75-502
View Statute 75-502
Status: in_force

Pipeline carriers which are declared common carriers under section 75-501 , pipeline carriers approved under the Major Oil Pipeline Siting Act, and pipeline carriers for which the Governor approves a route under section 57-1503 may store, transport, or convey any liquid or gas, or the products thereof, and make reasonable charges therefor, may lay down, construct, maintain, and operate pipelines, tanks, pump stations, connections, fixtures, storage plants, and such machinery, apparatus, devices, and arrangement as may be necessary to operate such pipes or pipelines between different points in this state, and may use and occupy such lands, rights-of-way, easements, franchises, buildings, and structures as may be necessary to construct and maintain them.

Laws 1963, c. 425, art. V, § 2, p. 1416;

Laws 1994, LB 414, § 98;

Laws 2011, First Spec. Sess., LB1, § 20.

Major Oil Pipeline Siting Act, see section 57-1401 .
Neb. Rev. Stat. § 75-303 — NE Code / Chapter 75 / Section 75-303
View Statute 75-303
Status: in_force

Sections 75-301 to 75-322 shall apply to transportation by a motor carrier or the transportation of passengers and, until July 1, 2021, household goods, by a regulated motor carrier for hire in intrastate commerce except for the following:

(1) A motor carrier for hire in the transportation of school children and teachers to and from school;

(2) A motor carrier for hire operated in connection with a part of a streetcar system;

(3) A motor carrier for hire providing transportation services for passengers in vehicles with a rated seating capacity of eight or more passengers when (a) such services are incidental to agritourism activities as defined in section 82-603 , (b) the destination for such agritourism activities is outside any incorporated city or village, and (c) the point of origination and termination is outside a county that includes a city of the metropolitan class or primary class;

(4) An ambulance, ambulance owner, hearse, or automobile used exclusively as an incident to conducting a funeral;

(5) A motor carrier exempt by subdivision (1) of this section which hauls for hire (a) persons of a religious, fraternal, educational, or charitable organization, (b) pupils of a school to athletic events, (c) players of American Legion baseball teams when the point of origin or termination is within five miles of the domicile of the carrier, and (d) the elderly as defined in section 13-1203 and their spouses and dependents under a contract with a municipality or county authorized in section 13-1208 ;

(6) A motor carrier operated by a city and engaged in the transportation of passengers, and such exempt operations shall be no broader than those authorized in intrastate commerce at the time the city or other political subdivision assumed ownership of the operation;

(7) A motor vehicle owned and operated by a nonprofit organization which is exempt from payment of federal income taxes, as provided by section 501(c)(4), Internal Revenue Code, transporting solely persons over age sixty, persons who are spouses and dependents of persons over age sixty, and handicapped persons;

(8) A motor carrier engaged in the transportation of passengers operated by a transit authority or regional metropolitan transit authority established under and acting pursuant to the laws of the State of Nebraska;

(9) Except as provided in section 75-304.03 , a motor carrier engaged in the transportation of household goods;

(10) Except as provided in section 75-304.04 , a motor carrier engaged in the transportation of employees of a railroad carrier engaged in interstate commerce to or from their work locations;

(11) A motor carrier operated by a municipality or county, as authorized in section 13-1208 , in the transportation of elderly persons;

(12) A motor vehicle having a seating capacity of twenty or less which is operated by a governmental subdivision or a qualified public-purpose organization as defined in section 13-1203 engaged in the transportation of passengers in the state;

(13) A motor vehicle owned and operated by a nonprofit entity organized for the purpose of furnishing electric service;

(14) A motor carrier engaged in attended services under contract or subcontract with the Department of Health and Human Services or with any agency organized under the Nebraska Community Aging Services Act;

(15) A motor carrier engaged in residential care transportation services if the motor carrier complies with the requirements of the Department of Health and Human Services adopted, promulgated, and enforced to protect the safety and well-being of the passengers, including insurance, training, and age requirements;

(16) A motor carrier engaged in supported transportation services if the motor carrier complies with the requirements of the Department of Health and Human Services adopted, promulgated, and enforced to protect the safety and well-being of the passengers, including insurance, training, and age requirements; and

and well-being of the passengers, including insurance, training, and age requirements;

(16) A motor carrier engaged in supported transportation services if the motor carrier complies with the requirements of the Department of Health and Human Services adopted, promulgated, and enforced to protect the safety and well-being of the passengers, including insurance, training, and age requirements; and

(17) A motor carrier engaged in licensed care transportation services if the motor carrier files a certificate with the commission that such provider meets the minimum driver standards, insurance requirements, and equipment standards prescribed by the commission. Insurance requirements established by the commission shall be consistent with the insurance requirements established by the Department of Health and Human Services for attended services, residential care transportation services, and supported transportation services.

Laws 1963, c. 425, art. III, § 3, p. 1376;

Laws 1969, c. 606, § 2, p. 2468;

Laws 1972, LB 1178, § 1;

Laws 1973, LB 54, § 1;

Laws 1973, LB 70, § 1;

Laws 1973, LB 345, § 2;

Laws 1974, LB 762, § 1;

Laws 1981, LB 85, § 2;

Laws 1981, LB 144, § 8;

Laws 1983, LB 98, § 1;

Laws 1989, LB 78, § 19;

Laws 1993, LB 412, § 3;

Laws 1993, LB 413, § 3;

Laws 1995, LB 424, § 23;

Laws 1996, LB 1218, § 44;

Laws 1999, LB 594, § 67;

Laws 2011, LB112, § 2;

Laws 2019, LB492, § 41;

Laws 2020, LB461, § 7.

Nebraska Community Aging Services Act, see section 81-2201 .

The entitlement to an exemption under this section will deny the Public Service Commission its jurisdiction over a qualified exempt carrier. In re Application of Hunt Transportation, 214 Neb. 236, 333 N.W.2d 883 (1983).

The entitlement to an exemption under this section will deny the Public Service Commission its jurisdiction over a qualified exempt carrier. In re Application of Hunt Transportation, 214 Neb. 236, 333 N.W.2d 883 (1983).

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).
Neb. Rev. Stat. § 75-801 — NE Code / Chapter 75 / Section 75-801
View Statute 75-801
Status: repealed

No license, certificate, permit, or other authorization in force on October 19, 1963, shall be invalidated by the passage of sections 75-101 to 75-801 , but all such shall remain in force until their expiration under the terms of the law in effect at the time of their original issuance or until their renewal, surrender, suspension, or revocation under the provisions of sections 75-101 to 75-801 . No rights, privileges, or immunities vested or accrued by and under prior statutes repealed by sections 75-101 to 75-801 , no suits pending, no proceedings pending before the commission, no rights of action conferred, and no duties, restrictions, liabilities, or penalties imposed or required by and under such statutes shall be impaired, diminished, or affected by the repeal thereof.

Laws 1963, c. 425, art. VIII, § 1, p. 1429.
Neb. Rev. Stat. § 75-363 — NE Code / Chapter 75 / Section 75-363
View Statute 75-363
Status: in_force

(1) The parts, subparts, and sections of Title 49 of the Code of Federal Regulations listed below, as modified in this section, or any other parts, subparts, and sections referred to by such parts, subparts, and sections, in existence and effective as of the date specified in section 75-365 , are adopted as Nebraska law.

(2) Except as otherwise provided in this section, the regulations shall be applicable to:

(a) All motor carriers, drivers, and vehicles to which the federal regulations apply; and

(b) All motor carriers transporting persons or property in intrastate commerce to include:

(i) All vehicles of such motor carriers with a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight over ten thousand pounds;

(ii) All vehicles of such motor carriers designed or used to transport more than eight passengers, including the driver, for compensation, or designed or used to transport more than fifteen passengers, including the driver, and not used to transport passengers for compensation;

(iii) All vehicles of such motor carriers transporting hazardous materials required to be placarded pursuant to section 75-364 ; and

(iv) All drivers of such motor carriers if the drivers are operating a commercial motor vehicle as defined in section 60-465 which requires a commercial driver's license.

(3) The Legislature hereby adopts, as modified in this section, the following parts of Title 49 of the Code of Federal Regulations:

(a) Part 382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING;

(b) Part 385 - SAFETY FITNESS PROCEDURES;

(c) Part 386 - RULES OF PRACTICE FOR FMCSA PROCEEDINGS;

(d) Part 387 - MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS;

(e) Part 390 - FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL;

(f) Part 391 - QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS;

(g) Part 392 - DRIVING OF COMMERCIAL MOTOR VEHICLES;

(h) Part 393 - PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION;

(i) Part 395 - HOURS OF SERVICE OF DRIVERS;

(j) Part 396 - INSPECTION, REPAIR, AND MAINTENANCE;

(k) Part 397 - TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES; and

(l) Part 398 - TRANSPORTATION OF MIGRANT WORKERS.

(4) The provisions of subpart E - Physical Qualifications and Examinations of 49 C.F.R. part 391 - QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS shall not apply to any driver subject to this section who: (a) Operates a commercial motor vehicle exclusively in intrastate commerce; and (b) holds, or has held, a commercial driver's license issued by this state prior to July 30, 1996.

(5) The regulations adopted in subsection (3) of this section shall not apply to farm trucks registered pursuant to section 60-3,146 with a gross weight of sixteen tons or less. The following parts and sections of 49 C.F.R. chapter III shall not apply to drivers of farm trucks registered pursuant to section 60-3,146 and operated solely in intrastate commerce:

(a) All of part 391;

(b) Section 395.8 of part 395; and

(c) Section 396.11 of part 396.

(6) The following parts and subparts of 49 C.F.R. chapter III shall not apply to the operation of covered farm vehicles:

(a) Part 382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING;

(b) Part 391, subpart E - Physical Qualifications and Examinations;

(c) Part 395 - HOURS OF SERVICE OF DRIVERS; and

e:

(a) All of part 391;

(b) Section 395.8 of part 395; and

(c) Section 396.11 of part 396.

(6) The following parts and subparts of 49 C.F.R. chapter III shall not apply to the operation of covered farm vehicles:

(a) Part 382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING;

(b) Part 391, subpart E - Physical Qualifications and Examinations;

(c) Part 395 - HOURS OF SERVICE OF DRIVERS; and

(d) Part 396 - INSPECTION, REPAIR, AND MAINTENANCE.

(7) Part 393 - PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION and Part 396 - INSPECTION, REPAIR, AND MAINTENANCE shall not apply to fertilizer and agricultural chemical application and distribution equipment transported in units with a capacity of three thousand five hundred gallons or less.

(8) For purposes of this section, intrastate motor carriers shall not include any motor carrier or driver excepted from 49 C.F.R. chapter III by section 390.3(f) of part 390.

(9)(a) Part 395 - HOURS OF SERVICE OF DRIVERS shall apply to motor carriers and drivers who engage in intrastate commerce as defined in section 75-362 , except that no motor carrier who engages in intrastate commerce shall permit or require any driver used by it to drive nor shall any driver drive:

(i) More than twelve hours following ten consecutive hours off duty; or

(ii) For any period after having been on duty sixteen hours following ten consecutive hours off duty.

(b) No motor carrier who engages in intrastate commerce shall permit or require a driver of a commercial motor vehicle, regardless of the number of motor carriers using the driver's services, to drive, nor shall any driver of a commercial motor vehicle drive, for any period after:

(i) Having been on duty seventy hours in any seven consecutive days if the employing motor carrier does not operate every day of the week; or

(ii) Having been on duty eighty hours in any period of eight consecutive days if the employing motor carrier operates motor vehicles every day of the week.

(10) Part 395 - HOURS OF SERVICE OF DRIVERS, as adopted in subsections (3) and (9) of this section, shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes during planting and harvesting season when:

(a) The transportation of such agricultural commodities is from the source of the commodities to a location within a one-hundred-fifty-air-mile radius of the source of the commodities;

(b) The transportation of such farm supplies is from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used which is within a one-hundred-fifty-air-mile radius of the wholesale or retail distribution point; or

(c) The transportation of such farm supplies is from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies which is within a one-hundred-fifty-air-mile radius of the wholesale distribution point.

(11) 49 C.F.R. 390.21 - Marking of self-propelled CMVs and intermodal equipment shall not apply to farm trucks and farm truck-tractors registered pursuant to section 60-3,146 and operated solely in intrastate commerce.

(12) 49 C.F.R. 392.9a - Operating authority shall not apply to Nebraska motor carriers operating commercial motor vehicles solely in intrastate commerce.

esale distribution point.

(11) 49 C.F.R. 390.21 - Marking of self-propelled CMVs and intermodal equipment shall not apply to farm trucks and farm truck-tractors registered pursuant to section 60-3,146 and operated solely in intrastate commerce.

(12) 49 C.F.R. 392.9a - Operating authority shall not apply to Nebraska motor carriers operating commercial motor vehicles solely in intrastate commerce.

(13) No motor carrier shall permit or require a driver of a commercial motor vehicle to violate, and no driver of a commercial motor vehicle shall violate, any out-of-service order.

Laws 1986, LB 301, § 1;

Laws 1987, LB 224, § 23;

Laws 1988, LB 884, § 1;

Laws 1989, LB 285, § 140;

Laws 1990, LB 980, § 29;

Laws 1991, LB 854, § 3;

Laws 1993, LB 410, § 1;

Laws 1994, LB 1061, § 5;

Laws 1995, LB 461, § 1;

Laws 1996, LB 938, § 4;

Laws 1997, LB 722, § 1;

Laws 1998, LB 1056, § 8;

Laws 1999, LB 161, § 1;

Laws 1999, LB 704, § 49;

Laws 2000, LB 1361, § 11;

Laws 2001, LB 375, § 1;

Laws 2002, LB 499, § 5;

Laws 2003, LB 480, § 2;

Laws 2004, LB 878, § 1;

Laws 2005, LB 83, § 1;

Laws 2005, LB 274, § 271;

Laws 2006, LB 1007, § 13;

Laws 2007, LB239, § 8;

Laws 2008, LB756, § 28;

Laws 2008, LB845, § 1;

Laws 2009, LB48, § 1;

Laws 2009, LB331, § 15;

Laws 2010, LB725, § 3;

Laws 2010, LB805, § 13;

Laws 2011, LB178, § 21;

Laws 2011, LB212, § 7;

Laws 2012, LB751, § 49;

Laws 2013, LB35, § 6;

Laws 2014, LB983, § 61;

Laws 2015, LB313, § 7;

Laws 2016, LB929, § 11;

Laws 2017, LB263, § 88;

Laws 2018, LB909, § 121;

Laws 2019, LB79, § 22;

Laws 2020, LB944, § 78;

Laws 2021, LB149, § 21;

Laws 2022, LB750, § 79;

Laws 2023, LB138, § 51;

Laws 2024, LB1200, § 60;

Laws 2025, LB398, § 57.

Violation of section, penalty, see section 75-367 .

A motor carrier may combine more than one policy, and use more than one method, to meet the minimum financial responsibility requirements. Shelter Ins. Co. v. Gomez, 306 Neb. 607, 947 N.W.2d 92 (2020).

A motor carrier may combine more than one policy, and use more than one method, to meet the minimum financial responsibility requirements. Shelter Ins. Co. v. Gomez, 306 Neb. 607, 947 N.W.2d 92 (2020).

Compliance with the minimum financial responsibility requirements in this section is the responsibility of the motor carrier, not the insurer. Shelter Ins. Co. v. Gomez, 306 Neb. 607, 947 N.W.2d 92 (2020).

Compliance with the minimum financial responsibility requirements in this section is the responsibility of the motor carrier, not the insurer. Shelter Ins. Co. v. Gomez, 306 Neb. 607, 947 N.W.2d 92 (2020).

This section does not regulate the terms and conditions of insurance policies. Shelter Ins. Co. v. Gomez, 306 Neb. 607, 947 N.W.2d 92 (2020).

This section does not regulate the terms and conditions of insurance policies. Shelter Ins. Co. v. Gomez, 306 Neb. 607, 947 N.W.2d 92 (2020).
Neb. Rev. Stat. § 75-712 — NE Code / Chapter 75 / Section 75-712
View Statute 75-712
Status: in_force

Notwithstanding any provisions of sections 75-709 to 75-711 , whenever electric lines which parallel or intersect one-wire ground return telephone lines are constructed, maintained and operated in accordance with recognized standard engineering specifications, the owner of the electric lines shall not be liable for any inductive electrical interference which the use and operation of the electric lines may cause to the one-wire ground return telephone lines, and no application for authority to construct, operate and maintain such electric lines shall be denied because such lines will create inductive interference in any existing one-wire ground return telephone lines.

Laws 1963, c. 425, art. VII, § 12, p. 1424.
Neb. Rev. Stat. § 86-156 — NE Code / Chapter 75 / Section 86-156
86-156
Status: in_force

Whenever any telecommunications company files a specific tariff for any new equipment, new telecommunications service feature of existing equipment, or rate not previously offered and the commission has not finally determined the tariff within sixty days thereafter, it shall become effective as filed. The tariff shall remain in effect until the commission determines an appropriate interim tariff or finally determines the matter. This section shall not apply to services of a type offered only by regulated telecommunications companies.

Laws 1976, LB 768, § 1;

Laws 1994, LB 414, § 112;

R.S.1943, (1996), § 75-616;

Laws 2002, LB 1105, § 55.
Neb. Rev. Stat. § 75-402 — NE Code / Chapter 75 / Section 75-402
View Statute 75-402
Status: in_force

As used in sections 75-401 to 75-430 , and in all rules and regulations prescribed by the commission, unless the context otherwise requires:

(1) Railroad carrier shall mean any common carrier engaged in the carrying of freight or passengers over any line of railroad, or part thereof, within the State of Nebraska; and

(2) Railroad shall mean any line of railroad track, or part thereof, located within the State of Nebraska.

Laws 1963, c. 425, art. IV, § 2, p. 1398;

Laws 1994, LB 414, § 84.
Neb. Rev. Stat. § 75-1003 — NE Code / Chapter 75 / Section 75-1003
View Statute 75-1003
Status: in_force

The rates and charges of a private water company shall be regulated by the commission as provided in the Water Service Regulation Act. On or before July 1 each year, each private water company shall file a schedule of its rates and charges with the commission and shall also certify to the commission the number of customers it serves.

Laws 1994, LB 1002, § 3.
Neb. Rev. Stat. § 75-501 — NE Code / Chapter 75 / Section 75-501
View Statute 75-501
Status: in_force

Any person who transports, transmits, conveys, or stores liquid or gas by pipeline for hire in Nebraska intrastate commerce shall be a common carrier subject to commission regulation. The commission shall adopt, promulgate, and enforce reasonable rules and regulations establishing minimum state safety standards for the design, construction, maintenance, and operation of pipelines which transport liquefied petroleum gas or anhydrous ammonia in intrastate commerce by common carriers. Such rules and regulations, and the interpretations thereof, shall conform with the rules, regulations, and interpretations of the appropriate federal agencies with authority to regulate pipeline common carriers in interstate commerce. Any person may determine the validity of any such rule or regulation in such manner as provided by law.

Laws 1963, c. 425, art. V, § 1, p. 1416;

Laws 1969, c. 608, § 1, p. 2474;

Laws 1994, LB 414, § 97.
Neb. Rev. Stat. § 75-340 — NE Code / Chapter 75 / Section 75-340
View Statute 75-340
Status: in_force

(1) In a claims coverage investigation, a transportation network company or its insurer shall cooperate with insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of dates and times at which an accident occurred that involved a participating driver and the precise times that the participating driver logged on and off the transportation network company's online-enabled application or platform in the twenty-four-hour period preceding the accident.

(2) All records, including electronic records, showing the time when a driver has logged in as active or logged out as inactive on the transportation network company's online-enabled application or platform, and any data or reports with information about the personal vehicle's involvement in a motor vehicle accident, that are maintained by the transportation network company shall be maintained for a minimum of five years after the date the loss is reported to the transportation network company.

Laws 2015, LB629, § 19.
Neb. Rev. Stat. § 75-314 — NE Code / Chapter 75 / Section 75-314
View Statute 75-314
Status: in_force

A common carrier by motor vehicle operating under any certificate issued under section 75-311 may occasionally deviate from the route over which or the fixed termini between which it is authorized to operate under the certificate under such general or special rules and regulations as the commission may prescribe. Any common carrier by motor vehicle who transports passengers under its certificate may operate in intrastate commerce to any place carrying special or charter parties under such rules and regulations as prescribed by the commission.

Laws 1963, c. 425, art. III, § 14, p. 1382;

Laws 1995, LB 424, § 39.
Neb. Rev. Stat. § 75-386 — NE Code / Chapter 75 / Section 75-386
View Statute 75-386
Status: in_force

The Division of Motor Carrier Services shall:

(1) Foster, promote, and preserve the motor carrier industry of the State of Nebraska;

(2) Protect and promote the public health and welfare of the citizens of the state by ensuring that the motor carrier industry is operated in an efficient and safe manner;

(3) Promote and provide for efficient and uniform governmental oversight of the motor carrier industry;

(4) Promote financial responsibility on the part of motor carriers operating in and through the State of Nebraska;

(5) Administer all provisions of the International Fuel Tax Agreement Act, the International Registration Plan Act, and the unified carrier registration plan and agreement pursuant to sections 75-392 to 75-3,100 ;

(6) Provide for the issuance of certificates of title to apportioned registered motor vehicles as provided for by subsection (6) of section 60-144 ; and

(7) Carry out such other duties and responsibilities as directed by the Legislature.

Laws 1996, LB 1218, § 2;

Laws 2003, LB 563, § 41;

Laws 2005, LB 276, § 110;

Laws 2005, LB 284, § 4;

Laws 2007, LB358, § 17;

Laws 2009, LB331, § 18;

Laws 2020, LB944, § 82.

International Fuel Tax Agreement Act, see section 66-1401 .

International Registration Plan Act, see section 60-3,192 .
Neb. Rev. Stat. § 75-327 — NE Code / Chapter 75 / Section 75-327
View Statute 75-327
Status: in_force

(1) A participating driver shall not provide a ride unless it is a prearranged ride. No person shall be a participating driver for a period of more than twelve hours during each twenty-four-hour period.

(2)(a) A transportation network company may offer service for compensation, no charge, or suggested compensation.

(b) Except as provided in this section, transportation network companies shall not be subject to rate regulation by the commission and shall not be subject to provisions relating to rates and charges prescribed in sections 75-101 to 75-158 .

(c) A transportation network company shall file with the commission the rates it uses to determine any compensation or suggested compensation on its online-enabled application or platform, including any use of dynamic pricing. The transportation network company shall keep the rate filing current and shall charge rates consistent with the rates it files with the commission.

(d) The following requirements apply if the transportation network company uses dynamic pricing through its online-enabled application or platform:

(i) The transportation network company's online-enabled application or platform shall provide clear visible indication that dynamic pricing is in effect prior to the passenger requesting a ride;

(ii) The transportation network company's online-enabled application or platform shall include a feature that requires the passenger to expressly confirm that he or she understands that dynamic pricing will be used in order for the ride request to be completed;

(iii) The transportation network company's online-enabled application or platform shall provide a fare estimator that enables the passenger to estimate the cost under dynamic pricing prior to requesting the ride; and

(iv) Dynamic pricing shall not be permitted during any state of emergency declared by the Governor.

(3) Upon completion of a prearranged ride, a transportation network company shall transmit an electronic receipt to the passenger's email address or online-enabled application documenting the following:

(a) The point of origin and destination of the prearranged ride;

(b) The total duration and distance of the prearranged ride;

(c) The total amount paid, if any, including the base fare and any additional charges incurred for distance traveled or duration of the prearranged ride; and

(d) The driver's first name.

Laws 2015, LB629, § 6.
Neb. Rev. Stat. § 86-138 — NE Code / Chapter 75 / Section 86-138
86-138
Status: in_force

If the commission refuses to grant an application made pursuant to section 86-135 , no new application for the same advanced telecommunications capability service shall be filed or shall be considered by the commission until one year has elapsed after the date of mailing of the commission order.

Laws 1969, c. 601, § 4, p. 2458;

Laws 1994, LB 414, § 111;

R.S.1943, (1996), § 75-615;

Laws 2002, LB 1105, § 37;

Laws 2012, LB715, § 7.
Neb. Rev. Stat. § 75-370 — NE Code / Chapter 75 / Section 75-370
View Statute 75-370
Status: in_force

Enforcement of sections 75-307 and 75-309 shall be carried out by the carrier enforcement division of the Nebraska State Patrol or the Nebraska State Patrol pursuant to the rules and regulations adopted and promulgated by the commission to enforce such sections. Any violation of such sections by any regulated motor carrier, motor carrier, or private carrier shall be referred to the commission for disposition under section 75-156 , and the commission may take any other action provided by section 75-133 .

Laws 1990, LB 980, § 32;

Laws 1994, LB 414, § 80;

Laws 1995, LB 424, § 49;

Laws 1996, LB 1218, § 63;

Laws 2006, LB 1069, § 4;

Laws 2007, LB358, § 15.
Neb. Rev. Stat. § 75-306 — NE Code / Chapter 75 / Section 75-306
View Statute 75-306
Status: in_force

Receipt for the payment of annual fees shall be issued by the commission. The commission shall issue sufficient license plates and renewal tabs to any regulated motor carrier who is in compliance with sections 75-301 to 75-322 and the rules and regulations of the commission, except contractors operating pursuant to section 75-303.02 and transportation network companies, for the purpose of identification of regulated motor carriers subject to sections 75-301 to 75-322 and to distinguish those regulated motor carriers from other commercial motor carriers not subject to such sections. The Director of Motor Vehicles shall prepare a form of license plate and renewal tab for such regulated motor carriers and furnish a sufficient supply of them to the commission.

Laws 1963, c. 425, art. III, § 6, p. 1379;

Laws 1969, c. 606, § 5, p. 2471;

Laws 1989, LB 78, § 22;

Laws 1993, LB 412, § 8;

Laws 1994, LB 414, § 70;

Laws 1995, LB 424, § 29;

Laws 1996, LB 1218, § 47;

Laws 2015, LB629, § 26;

Laws 2017, LB263, § 85.
Neb. Rev. Stat. § 75-134.01 — NE Code / Chapter 75 / Section 75-134.01
75-134.01
Status: in_force

Except as otherwise provided in sections 75-132.01 , 75-134 , 75-144 , and 75-1012 and the State Natural Gas Regulation Act, the district courts shall have jurisdiction to enjoin a commission order only when the order was not entered (1) in accordance with Chapter 75 or 86 and the commission's rules and regulations adopted and promulgated pursuant to such chapters or (2) in accordance with other statutory authority underlying the commission's order.

Laws 1967, c. 479, § 6, p. 1477;

Laws 2000, LB 1285, § 2;

Laws 2002, LB 1105, § 485;

R.S.Supp.,2002, § 75-122.01;

Laws 2003, LB 187, § 20;

Laws 2003, LB 790, § 67.

State Natural Gas Regulation Act, see section 66-1801 .
Neb. Rev. Stat. § 75-338 — NE Code / Chapter 75 / Section 75-338
View Statute 75-338
Status: in_force

Nothing in sections 75-323 to 75-343 shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage during the period of time from the moment a participating driver logs on to a transportation network company's online-enabled application or platform until the driver logs off the online-enabled application or platform or the passenger exits the personal vehicle, whichever is later.

Laws 2015, LB629, § 17.
Neb. Rev. Stat. § 75-321 — NE Code / Chapter 75 / Section 75-321
View Statute 75-321
Status: in_force

Upon the death of an individual holder of a certificate or permit, or upon an individual certificate or permit holder being legally declared mentally incompetent, the authority conferred by such certificate shall continue with the legal representative of the deceased or mentally incompetent holder thereof for a period of one year from the date of the holder's death or the declaration of mental incompetency, after which the authority conferred thereby shall cease and the certificate or permit be revoked and canceled without further order of the commission, unless application has been made to transfer such authority, in which case the authority shall continue with the legal representative until there has been a final determination of the application. In the event that application is made by the legal representative not less than thirty days prior to the end of such period of one year, the commission may, at its discretion and for cause shown, allow the transfer of the authority to the executors, administrators, guardians, trustees, or other legal representatives of the deceased holder for a period to be fixed by the commission. In considering such application, pertinent orders or decrees of the court having jurisdiction over the estate of the decedent or mentally incompetent person may be deemed cause for the granting thereof. When the individual holder of a certificate or permit dies or is declared legally incompetent and an application is made to transfer the authority issued under the certificate or permit to his or her legal representative, the commission may dispose of the application without hearing, if notice is given to all interested parties.

Laws 1963, c. 425, art. III, § 21, p. 1387;

Laws 1986, LB 1177, § 31.

This section is not applicable after order authorizing permanent transfer. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).

This section is not applicable after order authorizing permanent transfer. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).
Neb. Rev. Stat. § 75-102 — NE Code / Chapter 75 / Section 75-102
View Statute 75-102
Status: in_force

Before entering upon the duties of office, each of the commissioners shall take and subscribe to the oath of office prescribed in the Constitution of Nebraska and shall, in addition thereto, swear that he or she is not directly or indirectly interested in any common carrier or jurisdictional utility, subject to the provisions of Chapter 75, nor in the bonds, stock, mortgages, securities, contracts, or earnings of any such common carrier or jurisdictional utility, and that he or she will, to the best of his or her ability, faithfully and justly execute and enforce the duties devolving upon him or her as such commissioner, which oath shall be filed with the Secretary of State.

Laws 1963, c. 425, art. I, § 2, p. 1355;

Laws 2003, LB 790, § 61.
Neb. Rev. Stat. § 86-135 — NE Code / Chapter 75 / Section 86-135
86-135
Status: in_force

(1) For purposes of sections 86-135 to 86-138 , advanced telecommunications capability service means high-speed, broadband service at a minimum download speed of one hundred megabits per second and a minimum upload speed of twenty megabits per second provided by a local exchange carrier that enables users to originate and receive high-quality voice, data, graphics, and video communications using any technology.

(2) Any person may file an application with the commission to obtain advanced telecommunications capability service furnished by a telecommunications company in the local exchange area adjacent to the local exchange area in which the applicant resides.

(3) The commission shall serve upon each telecommunications company directly affected a copy of the application and notice of the hearing at least thirty days prior to the hearing on the application, which shall be held if all of the telecommunications companies involved do not consent to the application.

(4) If an application for the revision of an exchange service area includes more than one customer in a particular exchange, the commission shall consider the circumstances of each customer and the impact to the obligations of any affected telecommunications company which has not consented to the application.

Laws 1969, c. 601, § 1, p. 2457;

Laws 1993, LB 121, § 471;

Laws 1994, LB 414, § 108;

R.S.1943, (1996), § 75-612;

Laws 2002, LB 1105, § 34;

Laws 2012, LB715, § 4;

Laws 2021, LB338, § 2.

Applicants are required, irrespective of whether phone company currently providing service participates, to present evidence to establish their case. In re Application of Jantzen, 245 Neb. 81, 511 N.W.2d 504 (1994).

Applicants are required, irrespective of whether phone company currently providing service participates, to present evidence to establish their case. In re Application of Jantzen, 245 Neb. 81, 511 N.W.2d 504 (1994).

An order of the Public Service Commission will be affirmed if it acted within the scope of its authority, if its order is reasonable and not arbitrary, and if there is evidence to support its findings. In re Application of The Mickow Corp., 210 Neb. 580, 316 N.W.2d 66 (1982).

An order of the Public Service Commission will be affirmed if it acted within the scope of its authority, if its order is reasonable and not arbitrary, and if there is evidence to support its findings. In re Application of The Mickow Corp., 210 Neb. 580, 316 N.W.2d 66 (1982).

Intent of statute is to permit users to petition for telephone service outside the exchange of residence. Hartman v. Glenwood Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).

Intent of statute is to permit users to petition for telephone service outside the exchange of residence. Hartman v. Glenwood Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).

Subsection (1) of this section permits a person to file an application with the Public Service Commission to seek service from a telecommunications company in the local exchange area adjacent to the local exchange area in which the applicant resides, which, in this instance, meant the Public Service Commission necessarily interpreted the words "the local exchange area in which the applicant resides" to include property an applicant presently owns and on which the applicant does not presently reside, but has demonstrated an intent to reside on such property in the future. In re Application No. C-4981, 27 Neb. App. 773, 936 N.W.2d 365 (2019).

s, which, in this instance, meant the Public Service Commission necessarily interpreted the words "the local exchange area in which the applicant resides" to include property an applicant presently owns and on which the applicant does not presently reside, but has demonstrated an intent to reside on such property in the future. In re Application No. C-4981, 27 Neb. App. 773, 936 N.W.2d 365 (2019).

Subsection (1) of this section permits a person to file an application with the Public Service Commission to seek service from a telecommunications company in the local exchange area adjacent to the local exchange area in which the applicant resides, which, in this instance, meant the Public Service Commission necessarily interpreted the words "the local exchange area in which the applicant resides" to include property an applicant presently owns and on which the applicant does not presently reside, but has demonstrated an intent to reside on such property in the future. In re Application No. C-4981, 27 Neb. App. 773, 936 N.W.2d 365 (2019).
Neb. Rev. Stat. § 74-1335 — NE Code / Chapter 75 / Section 74-1335
74-1335
Status: in_force

(1) For purposes of this section, successor in interest includes any agent, successor, assignee, trustee, receiver, or other person acquiring interests or rights in railroad land, including the owner or holder of any servient estate or right of reversion relating to railroad land.

(2) Whenever any person owns land on both sides of the right-of-way of any railroad or its successor in interest, such railroad or its successor in interest shall provide and keep in repair at least one adequate means for such landowner to cross the right-of-way. Any interested landowner with land on both sides of the right-of-way of any railroad or its successor in interest may file written complaint with the Department of Transportation against any such railroad or its successor in interest that the crossing is not adequate or is unsafe and dangerous to the life and property of those who use it, and the department thereupon shall make such investigation, hold such hearing, and issue such orders as it deems necessary, proper, and adequate. If circumstances warrant, the department may require overhead, underground, or grade crossings and wing fences at underground crossings or may require existing crossings to be relocated so as to be safe to those who use them, but when a special crossing involves an expenditure of more than one thousand five hundred dollars, the landowner shall bear one-half the expenses in excess of one thousand five hundred dollars.

Laws 1963, c. 425, art. IV, § 13, p. 1402;

Laws 1994, LB 414, § 88;

R.S.1943, (1996), § 75-413;

Laws 1997, LB 255, § 7;

Laws 2017, LB339, § 259;

Laws 2025, LB398, § 56.

Railroad was under duty to deceased truck driver, a member of crew repairing gas pipelines on farm property, to exercise reasonable care at private farm road crossing being used by decedent with permission of landowner. Kloewer v. Burlington Northern, Inc., 512 F.2d 300 (8th Cir. 1975).

Railroad was under duty to deceased truck driver, a member of crew repairing gas pipelines on farm property, to exercise reasonable care at private farm road crossing being used by decedent with permission of landowner. Kloewer v. Burlington Northern, Inc., 512 F.2d 300 (8th Cir. 1975).
Neb. Rev. Stat. § 75-105 — NE Code / Chapter 75 / Section 75-105
View Statute 75-105
Status: in_force

The commissioners shall be known collectively as the Public Service Commission and shall have a seal, which may be either an engraved or ink stamp seal, similar to the seal of this state, with the words Public Service Commission of Nebraska included thereon. They shall be furnished with offices and with necessary furniture, stationery, and supplies. Immediately after a newly elected member of the commission has taken the oath of office prescribed in section 75-102 , the commission shall meet at Lincoln and organize. The commission shall also appoint employees as may be necessary to perform the duties which may be required of the commission.

Laws 1963, c. 425, art. I, § 5, p. 1356;

Laws 1971, LB 653, § 7;

Laws 1994, LB 414, § 28.
Neb. Rev. Stat. § 75-371 — NE Code / Chapter 75 / Section 75-371
View Statute 75-371
Status: in_force

Any person, private carrier, common carrier, or contract carrier which operates any motor vehicle in violation of section 75-307 or any rule, regulation, or order of the commission pertaining to such section shall be guilty of a Class IV misdemeanor. Each day of such violation shall constitute a separate offense.

Laws 1990, LB 980, § 33;

Laws 1994, LB 414, § 81;

Laws 1995, LB 424, § 50;

Laws 1996, LB 1218, § 64;

Laws 2006, LB 1069, § 5;

Laws 2007, LB358, § 16.
Neb. Rev. Stat. § 75-313 — NE Code / Chapter 75 / Section 75-313
View Statute 75-313
Status: in_force

(1) Except as provided in subsection (2) of this section, each certificate shall specify the service to be rendered, the routes, the fixed termini, if any, and the intermediate and off-route points, if any, and in case of operations not over specified routes or between fixed termini, the territory within which such carrier is authorized to operate. Each permit shall specify the business of the contract carrier covered thereby and the scope thereof. There shall, at the time of issuance, and from time to time thereafter, be attached to the exercise of the privileges granted by the certificate or permit such reasonable terms, conditions, and limitations as the public convenience and necessity, or the character of the holder as a contract carrier, may from time to time require, including terms, conditions, and limitations as to the extension of the route or routes of the carrier, and such terms and conditions as are necessary to carry out, with respect to the operations of the carrier, the requirements established by the commission. No terms, conditions, or limitations shall restrict the right of a contract carrier to substitute or add contracts within the scope of the permit, or to add to the equipment and facilities within the scope of the permit, as the development of the business and the demands of the public may require.

(2) This section does not apply to a transportation network company.

Laws 1963, c. 425, art. III, § 13, p. 1382;

Laws 2015, LB629, § 31.

Willful failure to perform a service and dormancy cannot in all cases be equated. Dahlsten v. Harris, 191 Neb. 714, 217 N.W.2d 813 (1974).

Willful failure to perform a service and dormancy cannot in all cases be equated. Dahlsten v. Harris, 191 Neb. 714, 217 N.W.2d 813 (1974).

Unless carrier's certificate includes right to tack authorities, it has no such right. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Unless carrier's certificate includes right to tack authorities, it has no such right. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
Neb. Rev. Stat. § 75-333 — NE Code / Chapter 75 / Section 75-333
View Statute 75-333
Status: in_force

(1) Beginning on September 1, 2015, a transportation network company and a participating driver shall maintain transportation network company insurance as provided in this section. Unless otherwise specified, the following requirements shall apply to transportation network company insurance during the engaged stage and during the passengers on board stage:

(a) Primary liability coverage in the amount of at least one million dollars for death, personal injury, and property damage; and

(b) Uninsured and underinsured motorist coverage for both the driver and passengers in the amounts required by the Uninsured and Underinsured Motorist Insurance Coverage Act.

(2) The requirements for the coverage required by this section may be satisfied by any of the following:

(a) Transportation network company insurance maintained by a participating driver;

(b) Transportation network company insurance maintained by a transportation network company; or

(c) Any combination of subdivisions (2)(a) and (b) of this section.

(3) The insurer providing transportation network company insurance under this section shall have the duty to defend and indemnify the insured.

(4) An insurance policy required under sections 75-332 to 75-341 shall be placed with an authorized Nebraska insurer or with a surplus-lines insurer pursuant to Chapter 44.

Laws 2015, LB629, § 12.

Uninsured and Underinsured Motorist Insurance Coverage Act, see section 44-6401 .
Neb. Rev. Stat. § 75-108 — NE Code / Chapter 75 / Section 75-108
View Statute 75-108
Status: in_force

The commission may consult the Attorney General with reference to any matter upon which it may require advice, and the Attorney General shall give such advice as the commission may require and perform such other services within the line of duty as the commission may require.

Laws 1963, c. 425, art. I, § 8, p. 1357;

Laws 1994, LB 414, § 30.
Neb. Rev. Stat. § 75-703 — NE Code / Chapter 75 / Section 75-703
View Statute 75-703
Status: in_force

The commission shall adopt and promulgate rules and regulations prescribing the manner in which the wires specified in section 75-702 will cross such railroad tracks in this state at public highway crossings.

Laws 1963, c. 425, art. VII, § 3, p. 1422;

Laws 1994, LB 414, § 115.
Neb. Rev. Stat. § 75-401.01 — NE Code / Chapter 75 / Section 75-401.01
View Statute 75-401.01
Status: in_force

In all applications before the commission to discontinue agency service or to close a railroad station or the substitution therefor of other methods of transacting business with patrons of the carrier, which applications have been protested, the commission shall conduct a hearing within the city or village served by the station sought to be affected at a suitable place meeting the convenience of the public to appear at such hearing or at the county seat of the county in which the station sought to be affected is located. If more than one city or village is included in the application, the hearing shall be held at as centrally located a meeting place as practicable to the cities or villages involved or at the county seat of the most centrally located city or village involved. If the stations involved are situated in more than one county and when the stations involved are more than thirty miles from the point where the hearing is initially held, a hearing shall be held in the seat of each such county unless waived by the affected protestants. When more than one hearing is required under this section, the commission shall designate the first hearing for the taking of testimony of the applicant and such evidence as any protestant may wish to offer. Subsequent hearings shall be for the purpose of taking the testimony of other protestants.

Laws 1967, c. 472, § 1, p. 1467;

Laws 1994, LB 414, § 83.
Neb. Rev. Stat. § 75-326 — NE Code / Chapter 75 / Section 75-326
View Statute 75-326
Status: in_force

(1) A participating driver must possess a valid driver's license, proof of registration, and proof of automobile liability insurance and be at least twenty-one years of age.

(2) Prior to permitting a person to act as a driver, the transportation network company shall obtain and review a national criminal history record information check. The criminal disposition information retrieved by the transportation network company's national criminal history record information check shall be at least as comprehensive as the criminal disposition information retrieved by a national criminal history record information check performed by the Federal Bureau of Investigation pursuant to section 81-6,120 . Nothing in this subsection shall be construed to require fingerprinting as part of the national criminal history record information check.

(3) A person who has four or more moving traffic violations or one or more major traffic violations in the three years prior to the date of the criminal background check shall not serve as a driver. For purposes of this subsection, the following offenses shall constitute major traffic violations:

(a) Failure to stop and report or render aid as required under section 60-696 or 60-697 ;

(b) Reckless driving in violation of any city or village ordinance or of section 60-6,213 , 60-6,214 , or 60-6,217 ;

(c) Speeding of more than thirty-five miles per hour over the speed limit; and

(d) Failure to yield to a pedestrian resulting in bodily injury to a pedestrian.

(4) A person who has been convicted of or pled guilty or nolo contendere to driving under the influence of drugs or alcohol in the previous seven years in this state or any other state or territory prior to the date of the criminal background check shall not serve as a driver.

(5) A person who is required to register as a sex offender or who has been convicted of or pled guilty or nolo contendere to any offense involving fraud, use of a motor vehicle to commit a felony, a crime involving property damage, theft, acts of violence, or acts of terror shall not serve as a driver.

Laws 2015, LB629, § 5.
Neb. Rev. Stat. § 75-724 — NE Code / Chapter 75 / Section 75-724
View Statute 75-724
Status: in_force

The provisions of sections 75-709 to 75-724 shall not apply to any line within the limits of any incorporated city or village.

Laws 1963, c. 425, art. VII, § 24, p. 1429;

Laws 1994, LB 414, § 134.
Neb. Rev. Stat. § 75-133 — NE Code / Chapter 75 / Section 75-133
View Statute 75-133
Status: in_force

Whenever the commission has reason to believe that any motor carrier, regulated motor carrier, other common or contract carrier as described in section 75-109 , competitive natural gas provider as defined in section 66-1848 , or jurisdictional utility as defined in section 66-1802 is in neglect or violation of a statute or rule or regulation under the jurisdiction of the commission, the commission shall at once institute an investigation and fix a time and place for hearing thereon, upon its own motion, and shall make any order as it deems just and reasonable, including, but not limited to, an order revoking, suspending, or modifying the certificate of public convenience and necessity, permit, registration, license, or other authority granted by the commission or a cease and desist order.

Laws 1963, c. 425, art. I, § 33, p. 1367;

Laws 1994, LB 414, § 46;

Laws 1995, LB 424, § 14;

Laws 2002, LB 1105, § 489;

Laws 2005, LB 247, § 1.

The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).

The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).
Neb. Rev. Stat. § 75-428 — NE Code / Chapter 75 / Section 75-428
View Statute 75-428
Status: in_force

Each owner of a railroad may cross, intersect, join, and unite its railroad with any other railroad at any point on its route and upon the grounds of the owner of such other railroad with the necessary turnouts, sidings, and switches and other conveniences in furtherance of the objects of its connection. Each owner of a railroad which is intersected by any new railroad shall unite with the owners of such new railroad to form such intersections and connections and grant the facilities specified in this section. If the two owners cannot agree upon the amount of compensation to be made therefor or the points and manner of such crossings and connections, they shall be ascertained and determined by the commission.

All owners of railroads in this state, at all points of connection, intersection, or crossing at grade of different railroads, where it is practicable, shall provide reasonable, ample, and equal facilities by track connection, passenger platforms, and otherwise, for transferring cars, passengers, and property between their respective roads without unreasonable delay. At any place where the tracks of the two owners are within five hundred feet apart, whether on the same grade or not, when it is practicable and deemed reasonably necessary, the commission, upon application of any interested person, may require such track connection. No owner shall discriminate in its rates or charges between such connecting lines or on freight coming over them, but no such owner shall be required to furnish to another owner its tracks, equipment, or terminal facilities without reasonable compensation. Each of the connecting lines shall pay its proportionate share for the building and maintenance of such track and switches as may be necessary to furnish the transfer facilities required by this section. In case they cannot agree on the amount which each line shall pay, the amount shall, upon application by either party, be determined and adjusted by the commission. When the commission has refused to require track connection as requested by the applicant, if the applicant agrees in writing to pay the cost of making and maintaining the track connection and offers adequate security, the commission shall order such track connection to be made by such owners whether the commission deems the track connection practicable or reasonably necessary or not. The railroad tracks, at the point where the connection is to be made, shall run within one mile of the corporate limits of any city or village.

Any owner of a railroad who fails or neglects to comply with the order within the time fixed shall be guilty of a Class II misdemeanor.

Laws 1963, c. 425, art. IV, § 28, p. 1408;

Laws 1977, LB 39, § 202;

Laws 1994, LB 414, § 94.
Neb. Rev. Stat. § 86-162 — NE Code / Chapter 75 / Section 86-162
86-162
Status: in_force

Any telecommunications company or its agent who fails or neglects to comply with section 86-131 , 86-132 , 86-140 , 86-141 , or 86-153 or who violates any of the provisions of such sections is guilty of a Class IV misdemeanor.

Laws 1963, c. 425, art. VI, § 10, p. 1421;

Laws 1982, LB 573, § 3;

Laws 1994, LB 414, § 106;

Laws 2000, LB 1285, § 12;

R.S.Supp.,2000, § 75-610;

Laws 2002, LB 1105, § 61.
Neb. Rev. Stat. § 2-2709 — NE Code / Chapter 75 / Section 2-2709
2-2709
Status: in_force

Except when a temporary permit has been issued pursuant to subsection (4) of section 2-2701 , tractors shall be tested by the board in the order in which they are presented for such tests, and no discrimination shall be made for or against any person in any manner whatsoever. Complaints alleging a violation of this section shall be heard by the department.

Laws 1963, c. 425, art. III, § 44, p. 1397;

R.R.S.1943, § 75-344;

Laws 1967, c. 480, § 9, p. 1489;

Laws 1971, LB 692, § 9;

Laws 1986, LB 768, § 12;

Laws 2012, LB907, § 4.
Neb. Rev. Stat. § 75-368 — NE Code / Chapter 75 / Section 75-368
View Statute 75-368
Status: repealed

(1) The Nebraska State Patrol or the carrier enforcement division may adopt and promulgate rules and regulations as are necessary to carry out and enforce sections 75-362 to 75-369.07 .

(2) The rules and regulations utilized by the Public Service Commission to administer any function or duty transferred to the Division of Motor Carrier Services on January 1, 1997, shall be administered as if adopted by the Division of Motor Carrier Services and shall remain effective until repealed, amended, modified, or reenacted by the Division of Motor Carrier Services.

Laws 1986, LB 301, § 6;

Laws 1996, LB 1218, § 61;

Laws 2003, LB 480, § 5;

Laws 2006, LB 1007, § 16.
Neb. Rev. Stat. § 2-2710 — NE Code / Chapter 75 / Section 2-2710
2-2710
Status: in_force

Any person selling a current tractor model of one hundred or more horsepower for use in the State of Nebraska without a permit issued by the department for such tractor model shall be required to repurchase any such tractor model sold in Nebraska for which a permit has not been issued. A claim by a purchaser under this section shall be brought within two years from the date of purchase.

Laws 1963, c. 425, art. III, § 45, p. 1397;

R.R.S.1943, § 75-345;

Laws 1967, c. 480, § 10, p. 1489;

Laws 1971, LB 692, § 10;

Laws 1977, LB 40, § 24;

Laws 1986, LB 768, § 13;

Laws 2012, LB907, § 5.
Neb. Rev. Stat. § 75-118.01 — NE Code / Chapter 75 / Section 75-118.01
View Statute 75-118.01
Status: in_force

Except as otherwise provided in the Administrative Procedure Act, the commission shall have original exclusive jurisdiction to determine the validity of a rule or regulation and the scope or meaning of a certificate, permit, tariff, rule, or regulation. Upon petition or complaint by any common carrier or other interested person to determine the validity, scope, or meaning of a certificate, permit, tariff, rule, or regulation, the commission shall cause notice thereof to be given according to its rules and shall proceed to hear evidence and argument on the petition or complaint. After notice and hearing, the commission shall by order render its decision.

Laws 1967, c. 479, § 3, p. 1476.

Administrative Procedure Act, see section 84-920 .

Section 75-136 authorizes appellate courts to review an order of the Public Service Commission interpreting a rule or regulation pursuant to the commission's authority under this section. In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002).

Section 75-136 authorizes appellate courts to review an order of the Public Service Commission interpreting a rule or regulation pursuant to the commission's authority under this section. In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002).

This section gives the Nebraska Public Service Commission original exclusive jurisdiction to determine the scope or meaning of a certificate. In re Petition of G. Kay, Inc., 219 Neb. 24, 361 N.W.2d 182 (1985).

This section gives the Nebraska Public Service Commission original exclusive jurisdiction to determine the scope or meaning of a certificate. In re Petition of G. Kay, Inc., 219 Neb. 24, 361 N.W.2d 182 (1985).

Commission had original exclusive jurisdiction to determine scope and meaning of rule relating to tacking of authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Commission had original exclusive jurisdiction to determine scope and meaning of rule relating to tacking of authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
Neb. Rev. Stat. § 75-369.01 — NE Code / Chapter 75 / Section 75-369.01
View Statute 75-369.01
Status: in_force

Any officer of the Nebraska State Patrol carrier enforcement division may conduct a safety audit or compliance review of a motor carrier.

Laws 1994, LB 358, § 1;

Laws 2006, LB 1007, § 18.
Neb. Rev. Stat. § 75-337 — NE Code / Chapter 75 / Section 75-337
View Statute 75-337
Status: in_force

The owner of any personal vehicle used in connection with a transportation network company shall have the duty to maintain collision physical damage coverage and comprehensive physical damage coverage for transportation network company activity if the vehicle is required to carry such coverage due to a contractual obligation.

Laws 2015, LB629, § 16.
Neb. Rev. Stat. § 74-1333 — NE Code / Chapter 75 / Section 74-1333
74-1333
Status: in_force

The owner of any railroad tracks which are crossed by a public road shall make and keep in good repair good and sufficient crossings for such road over its tracks, including all the grading, bridges, ditches, and culverts that may be necessary within its right-of-way. Such crossings shall be not less than twenty feet wide and shall be solidly constructed with no openings or filled spaces except such as are necessary for the track. The railroad crossings shall be made of durable material equal to the height of the railroad track. The Department of Transportation may, upon proper investigation and hearing, impose additional reasonable requirements as the circumstances may warrant.

Laws 1963, c. 425, art. IV, § 11, p. 1402;

Laws 1994, LB 414, § 86;

R.S.1943, (1996), § 75-411;

Laws 1997, LB 255, § 5;

Laws 2017, LB339, § 257.
Neb. Rev. Stat. § 75-156 — NE Code / Chapter 75 / Section 75-156
View Statute 75-156
Status: in_force

(1) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty of up to ten thousand dollars per day against any person, motor carrier, regulated motor carrier, common carrier, contract carrier, licensee, grain dealer, or grain warehouse operator for each violation of (a) any provision of the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01 , (b) any term, condition, or limitation of any certificate, permit, license, or authority issued by the commission pursuant to the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01 , or (c) any rule, regulation, or order of the commission issued under authority delegated to the commission pursuant to the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01 .

(2) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty not less than one hundred dollars and not more than one thousand dollars against any jurisdictional utility for each violation of (a) any provision of the State Natural Gas Regulation Act, (b) any rule, regulation, order, or lawful requirement issued by the commission pursuant to the act, (c) any final judgment or decree made by any court upon appeal from any order of the commission, or (d) any term, condition, or limitation of any certificate issued by the commission issued under authority delegated to the commission pursuant to the act. The amount of the civil penalty assessed in each case shall be based on the severity of the violation charged. The commission may compromise or mitigate any penalty prior to hearing if all parties agree. In determining the amount of the penalty, the commission shall consider the appropriateness of the penalty in light of the gravity of the violation and the good faith of the violator in attempting to achieve compliance after notification of the violation is given.

(3) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty of up to ten thousand dollars per day against any wireless carrier for each violation of the 911 Service System Act or any rule, regulation, or order of the commission issued under authority delegated to the commission pursuant to the act.

(4) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty of up to one thousand dollars against any person for each violation of the Nebraska Uniform Standards for Modular Housing Units Act or the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or any rule, regulation, or order of the commission issued under the authority delegated to the commission pursuant to either act. Each such violation shall constitute a separate violation with respect to each modular housing unit, manufactured home, or recreational vehicle, except that the maximum penalty shall not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation.

ission issued under the authority delegated to the commission pursuant to either act. Each such violation shall constitute a separate violation with respect to each modular housing unit, manufactured home, or recreational vehicle, except that the maximum penalty shall not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation.

(5) The civil penalty assessed under this section shall not exceed two million dollars per year for each violation except as provided in subsection (4) of this section. The amount of the civil penalty assessed in each case shall be based on the severity of the violation charged. The commission may compromise or mitigate any penalty prior to hearing if all parties agree. In determining the amount of the penalty, the commission shall consider the appropriateness of the penalty in light of the gravity of the violation and the good faith of the violator in attempting to achieve compliance after notification of the violation is given.

(6) Upon notice and hearing in accordance with this section and section 75-157 , the commission may enter an order assessing a civil penalty of up to one hundred dollars against any person, firm, partnership, limited liability company, corporation, cooperative, or association for failure to file an annual report or pay the fee as required by section 75-116 and as prescribed by commission rules and regulations or for failure to register as required by section 86-125 and as prescribed by commission rules and regulations. Each day during which the violation continues after the commission has issued an order finding that a violation has occurred constitutes a separate offense. Any party aggrieved by an order of the commission under this section may appeal. The appeal shall be in accordance with section 75-136 .

(7) When any person or party is accused of any violation listed in this section, the commission shall notify such person or party in writing (a) setting forth the date, facts, and nature of each act or omission upon which each charge of a violation is based, (b) specifically identifying the particular statute, certificate, permit, rule, regulation, or order purportedly violated, (c) that a hearing will be held and the time, date, and place of the hearing, (d) that in addition to the civil penalty, the commission may enforce additional penalties and relief as provided by law, and (e) that upon failure to pay any civil penalty determined by the commission, the penalty may be collected by civil action in the district court of Lancaster County.

Laws 1995, LB 424, § 18;

Laws 1996, LB 1218, § 41;

Laws 2000, LB 1285, § 9;

Laws 2002, LB 1105, § 493;

Laws 2002, LB 1211, § 10;

Laws 2003, LB 187, § 22;

Laws 2003, LB 735, § 1;

Laws 2003, LB 790, § 73;

Laws 2005, LB 319, § 3;

Laws 2008, LB755, § 3;

Laws 2013, LB545, § 8;

Laws 2020, LB461, § 4;

Laws 2024, LB262, § 23;

Laws 2025, LB362, § 4.

Nebraska Uniform Standards for Modular Housing Units Act, see section 71-1555 .

911 Service System Act, see section 86-1032 .

State Natural Gas Regulation Act, see section 66-1801 .

Uniform Standard Code for Manufactured Homes and Recreational Vehicles, see section 71-4601 .

In assessing a penalty under this section, it is appropriate, even under a de novo standard of review, to adhere to the common practice among appellate courts to afford appropriate deference to the findings of the agency before which the record was created. In re Claims Against Banghart Properties, 32 Neb. App. 168, 995 N.W.2d 212 (2023).

In assessing a penalty under this section, it is appropriate, even under a de novo standard of review, to adhere to the common practice among appellate courts to afford appropriate deference to the findings of the agency before which the record was created. In re Claims Against Banghart Properties, 32 Neb. App. 168, 995 N.W.2d 212 (2023).
Neb. Rev. Stat. § 75-304.04 — NE Code / Chapter 75 / Section 75-304.04
View Statute 75-304.04
Status: in_force

(1) Any motor carrier operating in this state engaged in the intrastate transportation for hire of employees of a railroad carrier engaged in interstate commerce to or from their work locations shall apply to the commission for a license prior to transporting such employees in intrastate commerce. A license shall be issued by the commission to any qualified applicant upon payment of a license fee of two hundred fifty dollars and receipt of a completed application in which the principal place of business of the applicant in the State of Nebraska is identified and the applicant agrees and affirms to perform the service in conformance with section 75-307 and the rules and regulations adopted and promulgated by the commission relating to driver qualifications, equipment, operating standards, and record keeping. Otherwise the application shall be denied. Applications for initial and renewal licenses shall be on forms prescribed by the commission. A license issued under this section shall be valid for one year and may be renewed annually for a fee of two hundred fifty dollars. A license may be suspended or revoked by the commission after notice and hearing for failure to comply with section 75-307 , and any rule or regulation adopted and promulgated under this section, or any lawful order of the commission.

(2) Any person who applies for a license pursuant to this section shall comply with the requirements of section 75-307 . The commission shall have no authority to regulate the rates of any motor carrier who is issued a license under this section.

Laws 2020, LB461, § 9.
Neb. Rev. Stat. § 74-1338 — NE Code / Chapter 75 / Section 74-1338
74-1338
Status: in_force

If the owner of the railroad track and the county board or other public authority in interest fail to agree upon any of the matters or things mentioned in section 74-1337 , either the owner or the county board or other public authority in interest, in the name of the county or other public authority in interest, may file an application with the Department of Transportation, setting forth such fact together with a statement of the change, alteration, relocation, or construction it wants, the estimated cost thereof, and such other facts as may be relevant and asking the department to enter an order directing that the change, alteration, relocation, or construction be made. The department shall proceed to hear the application in the manner provided by law, and if it finds that the application should be granted, it shall enter an order accordingly, designating in the order what portion of the expense of complying with the order shall be paid by the railroad carrier and what portion shall be paid by the county or other public authority in interest, if any.

Laws 1963, c. 425, art. IV, § 16, p. 1404;

Laws 1994, LB 414, § 91;

R.S.1943, (1996), § 75-416;

Laws 1997, LB 255, § 10;

Laws 2017, LB339, § 261.
Neb. Rev. Stat. § 75-142 — NE Code / Chapter 75 / Section 75-142
View Statute 75-142
Status: in_force

The court shall proceed to determine the matter speedily as a court of equity and without the formal pleadings and proceedings applicable to ordinary suits in equity but in such manner as to do justice in the premises. To this end, the court may direct and prosecute, in such manner and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition.

Laws 1963, c. 425, art. I, § 42, p. 1370;

Laws 1994, LB 414, § 55.
Neb. Rev. Stat. § 75-152 — NE Code / Chapter 75 / Section 75-152
View Statute 75-152
Status: in_force

When transportation is involved in connection with the sale of personal property and the price at which such personal property is sold is a delivered price at destination, the consignor may determine the means of transportation to be used and the routing of the shipment.

Laws 1965, c. 444, § 1, p. 1413;

Laws 1994, LB 414, § 63.
Neb. Rev. Stat. § 75-331 — NE Code / Chapter 75 / Section 75-331
View Statute 75-331
Status: in_force

The Transportation Network Company Regulation Cash Fund is created. The commission shall use the fund to carry out the policies described in section 75-301 , including, but not limited to, the regulation of transportation network companies and the enforcement of sections 75-323 to 75-343 and the rules and regulations adopted and promulgated by the commission under such sections, and for the costs associated with the administration of the fund. The fund shall contain the fees remitted pursuant to section 75-305 . Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Laws 2015, LB629, § 10;

Laws 2018, LB618, § 1.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 25-226 — NE Code / Chapter 75 / Section 25-226
25-226
Status: in_force

A cause of action for a freight damage claim, a rate overcharge, a claim for damages resulting from a delay in transportation, or a claim for a lost shipment against a common carrier shall be barred unless it is filed with a court having jurisdiction of the amount in dispute within two years after the date such action accrues. A cause of action for a rate overcharge accrues on the date the overcharge is paid. A cause of action for a freight damage claim, damages resulting from a delay in transportation, or a shortage in a shipment accrues on the date of delivery or tender of delivery of the freight by the common carrier. A cause of action for a lost shipment accrues on the date the lost shipment was delivered to the common carrier.

Laws 1967, c. 479, § 20, p. 1485;

R.S.1943, (1990), § 75-802;

Laws 1991, LB 14, § 1.
Neb. Rev. Stat. § 75-332 — NE Code / Chapter 75 / Section 75-332
View Statute 75-332
Status: in_force

(1) Prior to permitting a person to act as a driver, a transportation network company shall disclose in writing to each participating driver:

(a) The insurance coverage, the limits of liability, and any deductible amounts that the transportation network company maintains while the driver uses a personal vehicle in connection with a transportation network company's online-enabled application or platform;

(b) That in many personal automobile insurance policies, the driver's policy does not provide coverage for damage to the vehicle used by the driver, uninsured and underinsured motorist coverage, and other first-party claims from the moment the driver logs on to the transportation network company's online-enabled application or platform to the moment the driver logs off the transportation network company's online-enabled application or platform. The driver should contact his or her insurer to determine coverage;

(c) That if the driver is planning to use a vehicle that has a lien against it to provide service in connection with a transportation network company, the driver of the vehicle must notify the lienholder at least seven days prior to using the vehicle to provide such service that the driver intends to use the vehicle to provide service in connection with a transportation network company by complying with subsection (3) of this section; and

(d) That the driver is responsible to know the laws, rules, and regulations that govern the service he or she provides in connection with a transportation network company.

(2) The transportation network company shall make the disclosure required by subdivision (1)(c) of this section a distinctive part of the driver's terms of service and shall require a separate acknowledgment of this disclosure by each driver by electronic or handwritten signature.

(3) The commission shall adopt and promulgate rules and regulations to establish a procedure to confirm that drivers have notified lienholders as required by subdivision (1)(c) of this section. The commission shall keep a record of such confirmation for at least five years and shall make such record available to lienholders.

Laws 2015, LB629, § 11.
Neb. Rev. Stat. § 75-714 — NE Code / Chapter 75 / Section 75-714
View Statute 75-714
Status: in_force

Upon the filing of an application by any applicant for permission to construct or alter any overhead wire, cable, or pipeline as provided in section 75-713 , the commission shall notify the Director of Aeronautics of the filing of the application and the date that it will be heard before the commission, except that if the application is accompanied by approval in writing of the Director of Aeronautics, the hearing may be waived and the permission granted without such hearing unless otherwise required by law. The Director of Aeronautics shall establish and publish rules and regulations consistent with the rules of the United States Department of Commerce, Division of Aeronautics, and the National Electrical Safety Code covering the requirements that the applicant is required to meet in order to obtain approval for the construction or alteration of any overhead wire, cable, or pipeline which is not exempt from the requirements of section 75-713 .

Laws 1963, c. 425, art. VII, § 14, p. 1425;

Laws 1994, LB 414, § 125.
Neb. Rev. Stat. § 75-713 — NE Code / Chapter 75 / Section 75-713
View Statute 75-713
Status: in_force

Any public utility, public power district, or other governmental subdivision or any person in this state, before engaging in the construction or alteration of any overhead wire, cable, or pipeline, the height of which is greater than five feet above the elevation of an airport which has been approved and licensed by the Division of Aeronautics of the Department of Transportation, for each five hundred feet of the distance that such construction is or will be situated from the nearest boundary of such airport, shall file with the commission an original application for permission to enter upon and complete such construction or alteration and shall also file a copy thereof with the division. No application need be made when the construction or alteration is within the corporate limits of a city or village and is adjacent to other structures of a permanent character which are of equal or greater height than the construction or alteration proposed. No such overhead wire, cable, or pipeline for which application is required to be filed under sections 75-713 to 75-717 shall be constructed or altered without specific permission granted by order of the commission.

Laws 1963, c. 425, art. VII, § 13, p. 1425;

Laws 1980, LB 611, § 2;

Laws 1993, LB 121, § 472;

Laws 1994, LB 414, § 124;

Laws 2017, LB339, § 266.
Neb. Rev. Stat. § 86-131 — NE Code / Chapter 75 / Section 86-131
86-131
Status: in_force

Every telecommunications company shall take the calls or messages coming from any other telecommunications company and switch and connect its equipment so that any telephone message from any point in Nebraska may be delivered to any subscriber served by its telephone exchange or switched through and so that any message may be passed on to another exchange over such trunk or toll lines as may be available and designated by the exchange or switching station where the call originated, regardless of the ownership of such lines. Such telecommunications company shall also take calls from its subscribers and public pay stations and pass such calls through its exchange toward destination and over the lines and the route designated by the person making such telephone call if there are competing lines existing between such points. If the person making such telephone call does not designate a route for such message or no competing lines exist between points of origination and destination, the telecommunications company may, by its operator at originating point, make such designation of route, but calls or messages shall be switched through to destination if the point can be reached by any connecting equipment.

Laws 1963, c. 425, art. VI, § 7, p. 1419;

Laws 1994, LB 414, § 102;

R.S.1943, (1996), § 75-607;

Laws 2002, LB 1105, § 30.
Neb. Rev. Stat. § 75-903.02 — NE Code / Chapter 75 / Section 75-903.02
View Statute 75-903.02
Status: in_force

For each application filed under section 75-903 after January 1, 2004, one of the following primary parties shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol: (1) If the applicant is not an individual, the chief executive officer, president, or general manager; or (2) if the applicant is an individual, the individual. If a primary party has been subject to a check of his or her criminal history record information pursuant to another law, the commission may waive such requirement under this section. A primary party shall furnish to the Nebraska State Patrol a full set of fingerprints to enable a criminal background investigation to be conducted. The primary party shall request that the Nebraska State Patrol submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The primary party shall pay the actual cost, if any, of the fingerprinting and check of his or her criminal history record information. The primary party shall authorize release of the national criminal history record check to the commission. The criminal history record information check shall be completed within ninety days after the date the application for a license is received in the commission's office, and if not, the application shall be returned to the applicant. The commission shall deny a grain dealer license to any applicant whose primary party has been convicted of a felony financial crime.

Laws 2003, LB 735, § 5;

Laws 2005, LB 52, § 2;

Laws 2024, LB262, § 26.
Neb. Rev. Stat. § 75-707 — NE Code / Chapter 75 / Section 75-707
View Statute 75-707
Status: in_force

The commission shall regulate the crossing of wires across railroad rights-of-way at public highways within the state, except that when the crossing entity is a railroad operator, the owners shall attempt to agree upon the terms and conditions of such crossing, and if such agreement cannot be concluded, the commission shall determine the terms and conditions subject to the provisions of sections 75-702 to 75-708 .

Laws 1963, c. 425, art. VII, § 7, p. 1423;

Laws 1994, LB 414, § 119.