FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-4908 — NE Code / Chapter 44 / Section 44-4908
View Statute 44-4908
Status: in_force

(1) If the director determines that the managing general agent or any other person has not materially complied with the Managing General Agents Act, any rule or regulation adopted or promulgated thereunder, or any order issued thereunder, after notice and opportunity to be heard in accordance with the Administrative Procedure Act, the director may:

(a) For each separate violation, order a penalty in an amount not exceeding five thousand dollars;

(b) Order revocation or suspension of the agent's or broker's license; and

(c) If it was found that because of such material noncompliance that the insurer has suffered any loss or damage, maintain a civil action brought by or on behalf of the insurer and its policyholders and creditors for recovery of damages for the benefit of the insurer and its policyholders and creditors and other appropriate relief.

(2) If an order of rehabilitation or liquidation of the insurer has been entered pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, and the receiver appointed under the order determines that the managing general agent or any other person has not materially complied with the Managing General Agents Act, any rule or regulation adopted and promulgated thereunder, or any order issued thereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages and other appropriate relief for the benefit of the insurer.

(3) This section shall not affect the right of the director to impose any other penalties provided for in Chapter 44.

(4) The Managing General Agents Act is not intended to and shall not in any manner limit or restrict the rights of policyholders, claimants, and auditors.

Laws 1990, LB 1136, § 119;

Laws 1993, LB 583, § 110.

Administrative Procedure Act, see section 84-920 .

Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862 .
Neb. Rev. Stat. § 50-1807 — NE Code / Chapter 43 / Section 50-1807
50-1807
Status: in_force

(1) Complaints to the office may be made in writing. The office shall also maintain a toll-free telephone line for complaints. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations pursuant to section 50-1806 . All complaints shall be evaluated to determine whether a full investigation is warranted.

(2) The office shall not conduct a full investigation of a complaint unless:

(a) The complaint alleges misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations pursuant to section 50-1806 ;

(b) The complaint is against a person within the jurisdiction of the office; and

(c) The allegations can be independently verified through investigation.

(3) After receipt of a complaint, the Inspector General shall determine whether the office will conduct a full investigation. A complaint alleging facts which, if verified, would provide a basis for discipline under the Uniform Credentialing Act shall be referred to the appropriate credentialing board under the act.

(4) When a full investigation is opened on a private agency that contracts with the Office of Probation Administration, the Inspector General shall give notice of such investigation to the Office of Probation Administration.

Laws 2012, LB821, § 27;

Laws 2013, LB561, § 59;

Laws 2015, LB347, § 15;

R.S.1943, (2016), § 43-4320;

Laws 2025, LB298, § 30.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 38-2101 — NE Code / Chapter 38 / Section 38-2101
View Statute 38-2101
Status: in_force

Sections 38-2101 to 38-2147 shall be known and may be cited as the Mental Health Practice Act.

Laws 2007, LB247, § 72;

Laws 2007, LB463, § 720;

Laws 2022, LB752, § 10;

Laws 2024, LB605, § 2;

Laws 2024, LB932, § 5.
Neb. Rev. Stat. § 44-5426 — NE Code / Chapter 44 / Section 44-5426
View Statute 44-5426
Status: in_force

A utilization review program shall use documented clinical review criteria that are based on sound clinical evidence and are evaluated periodically to assure ongoing efficacy. A health carrier may develop its own clinical review criteria, or it may purchase or license clinical review criteria from qualified vendors. A health carrier shall make available its clinical review criteria upon request to authorized government agencies.

Laws 1998, LB 1162, § 11.
Neb. Rev. Stat. § 43-410 — NE Code / Chapter 43 / Section 43-410
View Statute 43-410
Status: in_force

(1) Any peace officer or direct care staff member of the Office of Juvenile Services has the authority to apprehend and detain a juvenile who has absconded or is attempting to abscond from commitment to the Office of Juvenile Services and shall cause the juvenile to be returned to the youth rehabilitation and treatment center or an appropriate juvenile detention facility or staff secure juvenile facility.

(2) For purposes of this section, direct care staff member means any staff member charged with the day-to-day care and supervision of juveniles at a youth rehabilitation and treatment center or security staff who has received training in apprehension techniques and procedures.

Laws 1998, LB 1073, § 42;

Laws 2013, LB561, § 31;

Laws 2020, LB1188, § 8.
Neb. Rev. Stat. § 9-434 — NE Code / Chapter 9 / Section 9-434
View Statute 9-434
Status: in_force

(1) Except when another penalty is specifically provided, any person, licensee, or permittee, or employee or agent thereof, who violates any provision of the Nebraska Lottery and Raffle Act, or who causes, aids, abets, or conspires with another to cause any person, licensee, or permittee or employee or agent thereof to violate the act, shall be guilty of a Class I misdemeanor for the first offense and a Class IV felony for any second or subsequent violation. Any licensee guilty of violating any provision of the act more than once in a twelve-month period may have its license canceled or revoked.

(2) Each of the following violations of the Nebraska Lottery and Raffle Act shall be a Class IV felony:

(a) Giving, providing, or offering to give or provide, directly or indirectly, to any public official or employee or agent of this state, or any agencies or political subdivisions of this state, any compensation or reward or share of the money for property paid or received through gambling activities authorized under Chapter 9 in consideration for obtaining any license, authorization, permission, or privileges to participate in any gaming operations except as authorized under Chapter 9 or any rules and regulations adopted and promulgated pursuant to such chapter; or

(b) Knowingly filing a false report under the Nebraska Lottery and Raffle Act.

(3) Intentionally employing or possessing any device to facilitate cheating in any lottery or raffle or using any fraudulent scheme or technique in connection with any lottery or raffle is a violation of the Nebraska Lottery and Raffle Act. The offense is a:

(a) Class II misdemeanor when the amount gained or intended to be gained through the use of such items, schemes, or techniques is less than five hundred dollars;

(b) Class I misdemeanor when the amount gained or intended to be gained through the use of such items, schemes, or techniques is five hundred dollars or more but less than one thousand five hundred dollars; and

(c) Class IV felony when the amount gained or intended to be gained through the use of such items, schemes, or techniques is one thousand five hundred dollars or more.

(4) In all proceedings initiated in any court or otherwise under the act, it shall be the duty of the Attorney General and appropriate county attorney to prosecute and defend all such proceedings.

(5) The failure to do any act required by or under the Nebraska Lottery and Raffle Act shall be deemed an act in part in the principal office of the department. Any prosecution under such act may be conducted in any county where the defendant resides or has a place of business or in any county in which any violation occurred.

(6) In the enforcement and investigation of any offense committed under the act, the department may call to its aid any sheriff, deputy sheriff, or other peace officer in the state.

Laws 1986, LB 1027, § 155;

Laws 1987, LB 523, § 3;

Laws 1995, LB 344, § 28;

Laws 1997, LB 248, § 27;

Laws 2015, LB605, § 3.
Neb. Rev. Stat. § 38-2903 — NE Code / Chapter 71 / Section 38-2903
38-2903
Status: in_force

For purposes of the Physical Therapy Practice Act, the definitions found in sections 38-2904 to 38-2918 apply.

Laws 2006, LB 994, § 120;

R.S.Supp.,2006, § 71-1,364;

Laws 2007, LB463, § 996.
Neb. Rev. Stat. § 15-212 — NE Code / Chapter 15 / Section 15-212
View Statute 15-212
Status: in_force

A city of the primary class shall have the power, by ordinance, to prescribe the kind and description of articles which may be sold and places to be occupied by vendors and may authorize the immediate seizure and arrest or removal from the markets of persons violating regulations fixed by ordinance, together with any articles of produce in their possession, and the immediate seizure and destruction of tainted or unsound meat or other provisions. Nothing in this section shall be construed to authorize the city council by ordinance to assess or impose any tax, assessment, fine, or punishment on any farmer or producer for selling at any time within the city any article of provision or vegetables grown or produced by the farmer or producer.

Laws 1901, c. 16, § 129, XVI, p. 131;

R.S.1913, § 4426;

C.S.1922, § 3810;

C.S.1929, § 15-213;

R.S.1943, § 15-212;

Laws 2020, LB1003, § 31.
Neb. Rev. Stat. § 13-2808 — NE Code / Chapter 13 / Section 13-2808
View Statute 13-2808
Status: in_force

A municipal county may levy up to one dollar per one hundred dollars of taxable value, not including bonded indebtedness. From the levy authority of the municipal county, the municipal county may allocate to miscellaneous political subdivisions as provided in section 77-3443 . In no event shall the levies of the municipal county and any miscellaneous political subdivisions allocated levy authority by the municipal county total more than one dollar per one hundred dollars of taxable value on any one parcel in the municipal county, except for bonded indebtedness approved according to law, lease-purchase agreements approved prior to July 1, 1998, and judgments obtained against the municipal county or one of its predecessors which obligate the municipal county to pay the judgments to the extent not paid by liability insurance and except as provided in section 77-3444 .

Laws 2001, LB 142, § 8.
Neb. Rev. Stat. § 53-103.01 — NE Code / Chapter 53 / Section 53-103.01
View Statute 53-103.01
Status: in_force

Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol and alcohol processed or sold in a gaseous form. Alcohol does not include denatured alcohol or wood alcohol.

Laws 2010, LB861, § 9.
Neb. Rev. Stat. § 46-1005 — NE Code / Chapter 46 / Section 46-1005
View Statute 46-1005
Status: in_force

At the time and place set for the hearing and consideration of the petition, it shall be the duty of the county board to ascertain (1) whether proper notice of the hearing has been given to the signers of the petition, the Chief Water Officer, and the landowners in the district as required by section 46-1004 ; (2) whether lands within the area defined in the petition are without an adequate water supply; (3) whether the construction and maintenance of ponds, reservoirs, pipelines, wells, check dams, pumping installations, or any other facility for the storage, transportation, or utilization of water or the construction and maintenance of any combination of such proposed projects are necessary for the improvement of the area. The county board shall make no affirmative finding that any proposed project is necessary if the construction and maintenance of such project would encourage the cultivation of lands which are submarginal and which should be devoted to other uses in the public interest. The county board shall make no affirmative finding that any proposed project is necessary unless the Chief Water Officer has approved such project; (4) whether such improvement or works will be conducive to and will tend to promote the public health, convenience, and welfare; and (5) whether the boundaries of the proposed district lie within five miles of any incorporated city or village and whether approval for incorporation of the district has been given by the governing body of such city or village. If upon such consideration it is found that such petition is in conformity with the requirements of sections 46-1001 to 46-1020 , the county board shall thereupon immediately declare the district within the boundaries defined in the petition to constitute a public corporation and to be incorporated as a rural water district under the name of Rural Water District No. ......, .......... County, Nebraska (inserting number in order of incorporation and name of county) and thereupon shall enter upon its records full minutes of such hearing, together with a declaration that thenceforth such district shall constitute a body politic and corporate under such corporate name for the purposes of sections 46-1001 to 46-1020 .

Laws 1967, c. 279, § 5, p. 749;

Laws 2000, LB 900, § 231;

Laws 2025, LB317, § 254.
Neb. Rev. Stat. § 17-531 — NE Code / Chapter 17 / Section 17-531
View Statute 17-531
Status: in_force

Cities of the second class and villages shall have power to provide for the purchase of fire-extinguishing apparatus and for a supply of water for the purpose of fire protection and public use and for the use of the inhabitants of such cities and villages by the purchase, erection, or construction of a system of waterworks, water mains, or extensions of any system of waterworks established or situated in whole or in part within such city or village, and for maintaining such fire-extinguishing apparatus or system of waterworks.

Laws 1885, c. 20, § 1, XV, p. 167;

Laws 1887, c. 12, § 1, XV, p. 296;

Laws 1893, c. 8, § 1, p. 133;

Laws 1903, c. 21, § 1, p. 250;

Laws 1905, c. 30, § 1, p. 256;

Laws 1907, c. 17, § 1, p. 126;

R.S.1913, § 5119;

Laws 1917, c. 103, § 1, p. 271;

Laws 1919, c. 48, § 1, p. 137;

Laws 1919, c. 52, § 1, p. 151;

Laws 1919, c. 46, § 2, p. 131;

C.S.1922, § 4292;

Laws 1925, c. 41, § 1, p. 157;

C.S.1929, § 17-441;

Laws 1935, c. 34, § 1, p. 142;

C.S.Supp.,1941, § 17-441;

R.S.1943, § 17-531;

Laws 2017, LB133, § 157.

Contract for construction of waterworks was not ultra vires where city had authority to make it though part of funds were diverted from purpose for which voted. Chicago Bridge & Iron Works v. City of South Sioux City, 108 Neb. 827, 189 N.W. 367 (1922).

Contract for construction of waterworks was not ultra vires where city had authority to make it though part of funds were diverted from purpose for which voted. Chicago Bridge & Iron Works v. City of South Sioux City, 108 Neb. 827, 189 N.W. 367 (1922).

City engaged in a commercial enterprise is liable to public for its negligence the same as individuals. Reed v. Village of Syracuse, 83 Neb. 713, 120 N.W. 180 (1909).

City engaged in a commercial enterprise is liable to public for its negligence the same as individuals. Reed v. Village of Syracuse, 83 Neb. 713, 120 N.W. 180 (1909).

There is no grant of power, either to a franchise corporation or to the city, in maintaining its own waterworks, to sell meters, or to compel consumers to supply themselves with meters. Albert v. Davis, 49 Neb. 579, 68 N.W. 945 (1896).

There is no grant of power, either to a franchise corporation or to the city, in maintaining its own waterworks, to sell meters, or to compel consumers to supply themselves with meters. Albert v. Davis, 49 Neb. 579, 68 N.W. 945 (1896).
Neb. Rev. Stat. § 38-3108 — NE Code / Chapter 71 / Section 38-3108
38-3108
Status: in_force

(1) Practice of psychology means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health.

(2) The practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and psychophysiological and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorders, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability; psychoeducational evaluation, therapy, remediation, and consultation; and supervision of qualified individuals performing services specified in this section.

(3) Psychological services may be rendered to individuals, families, groups, organizations, institutions, and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.

Laws 1994, LB 1210, § 70;

R.S.1943, (2003), § 71-1,206.08;

Laws 2007, LB463, § 1042.
Neb. Rev. Stat. § 44-3321 — NE Code / Chapter 44 / Section 44-3321
View Statute 44-3321
Status: in_force

A corporation organized under sections 44-3312 and 44-3313 shall not enter into an exclusive agency contract or management contract, unless the contract is first filed with the director and approved within thirty days of filing or such reasonable extended period as the director may specify by notice given within thirty days. The director may disapprove the contracts submitted if he or she finds that the contract contains provisions which impair the interests of the insurer's participants, creditors, or the public in this state.

Laws 1979, LB 52, § 21.
Neb. Rev. Stat. § 38-1916 — NE Code / Chapter 38 / Section 38-1916
View Statute 38-1916
Status: in_force

(1) A person licensed by the department, with the recommendation of the board, as a limited radiographer may practice medical radiography on limited regions of the human anatomy, using only routine radiographic procedures, for the interpretation by and under the direction of a licensed practitioner, excluding computed tomography, the use of contrast media, and the use of fluoroscopic or mammographic equipment. An applicant for a license as a limited radiographer shall successfully complete an examination approved by the board, as described in subdivision (2)(a) of section 38-1918 and at least one of the anatomical regions listed in subdivision (2)(b) of such section or successfully complete an examination approved by the department, as described in subsection (3) of section 38-1918 .

(2) Each license issued shall be specific to the anatomical region or regions for which the applicant has passed an approved examination, except that an applicant may be licensed in the anatomical region of Abdomen upon successful passage of the examinations described in subdivisions (2)(a) and (2)(b)(iv) of section 38-1918 and upon a finding by the department, with the recommendation of the board, that continued provision of service for a community would be in jeopardy.

Laws 2007, LB463, § 654.

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Neb. Rev. Stat. § 71-2076 — NE Code / Chapter 71 / Section 71-2076
View Statute 71-2076
Status: in_force

(1) Effective January 1, 1986, each hospital, except hospitals excluded under section 1886(d)(1)(B) of Public Law 98-21, the Social Security Act Amendments of 1983, and ambulatory surgical center shall identify the twenty most common diagnostic related groups for which services are provided by the hospital or center. Such listing of diagnostic related groups shall be made available to consumers of health care, along with the range of average charges for treatment and the associated average length of stay for each diagnostic related group listed. Such listing shall be provided to any person upon request. The information included in the listing shall show the date prepared and shall be regularly updated every six months.

(2) Any hospital or ambulatory surgical center which provides services for fewer than twenty diagnostic related groups or performs an insufficient number of procedures to compute a statistically valid average shall provide a listing to the public of the most common diagnostic related groups provided by the hospital or center and the average charges and length of stay for which a valid statistical average is available and shall disclose the circumstances for such limited available data.

Laws 1985, LB 382, § 15;

Laws 1994, LB 1210, § 121.
Neb. Rev. Stat. § 44-5004 — NE Code / Chapter 44 / Section 44-5004
View Statute 44-5004
Status: in_force

(1) Beginning January 1, 2020, except as provided in subsection (4) of this section and notwithstanding section 44-3,131 , any health insurance plan delivered, issued for delivery, renewed, extended, or modified in this state shall provide coverage pursuant to the Children of Nebraska Hearing Aid Act to each insured child. Such coverage shall be subject to subsection (2) of this section and shall include, for each ear affected by a hearing impairment, the following items and services:

(a) A hearing aid purchased from a licensed audiologist with the medical clearance from an otolaryngologist and costs related to dispensing such hearing aid;

(b) Evaluation for a hearing aid;

(c) Fitting of a hearing aid;

(d) Programming of a hearing aid;

(e) Probe microphone measurements for verification that hearing aid gain and output meet the prescribed targets;

(f) Hearing aid repairs;

(g) Follow-up adjustments, servicing, and maintenance of a hearing aid;

(h) Ear mold impressions;

(i) Ear molds; and

(j) Auditory rehabilitation and training.

(2)(a) Except as otherwise provided in this subsection, the items and services listed in subsection (1) of this section shall be covered on a continual basis to the extent that benefits paid for such items and services during the immediately preceding forty-eight-month period have not exceeded three thousand dollars.

(b) Coverage pursuant to the act shall allow for the replacement of a hearing aid and the associated services within three months of the dispensing date if the hearing aid gain and output fail to meet prescribed targets or the hearing aid is unable to be repaired or adjusted. If an insured child uses a hearing aid on September 1, 2019, and the hearing aid has been deemed unrepairable or obsolete by the manufacturer of the device, the insured child shall be eligible to use the benefits required by the act towards the acquisition of a new hearing aid, parts, and associated services.

(c) Coverage provided to an insured child pursuant to the act shall be subject to the same deductible, copayment, and coinsurance as similar covered items and services under the health insurance plan.

(3) A health insurance plan shall not refuse or deny coverage, refuse to renew or reissue coverage, or terminate coverage for an individual with a hearing impairment who is less than nineteen years of age based on such hearing impairment.

(4) A health insurance plan shall be exempt from the act for a plan year if, using a calculation method approved by the Department of Insurance, the cost of coverage would likely exceed one percent of all premiums collected under such plan for such plan year.

Laws 2019, LB15, § 4.