Neb. Rev. Stat. § 75-129 — NE Code / Chapter 75 / Section 75-129
View Statute 75-129
Status: in_force

The commission may hold sessions at any place in the state when deemed necessary to facilitate the discharge of its duties and may conduct the hearing and other proceedings provided for in sections 75-101 to 75-801 , in the Major Oil Pipeline Siting Act, in the State Natural Gas Regulation Act, or under any other law of this state at such place or places in the state as may, in the judgment of the commission, be the most convenient and practicable for determining the particular matter before the commission. The commission may hold public meetings as provided in section 57-1407 .

Laws 1963, c. 425, art. I, § 29, p. 1366;

Laws 2003, LB 790, § 69;

Laws 2011, First Spec. Sess., LB1, § 19.

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

State Natural Gas Regulation Act, see section 66-1801 .
Neb. Rev. Stat. § 75-114 — NE Code / Chapter 75 / Section 75-114
View Statute 75-114
Status: in_force

Any motor carrier or regulated motor carrier as defined in section 75-302 , any common carrier, or any other person who has in his or her possession any book, paper, document, or record belonging to any carrier subject to the jurisdiction of the commission and who, upon proper demand, fails or refuses to exhibit to any commissioner or any person authorized by the commission to investigate the same any book, paper, document, or record of such carrier, which is in the possession or under the control of such carrier or any officer, agent, or employee thereof, shall be guilty of a Class III misdemeanor. Any officer, agent, or employee of any carrier or any other person who, upon proper demand, fails or refuses to exhibit to any commissioner or any person authorized by the commission to investigate the same any book, paper, document, or record of such carrier, which is in the possession or under the control of such person, shall be guilty of a Class III misdemeanor for each offense.

Laws 1963, c. 425, art. I, § 14, p. 1358;

Laws 1989, LB 78, § 4;

Laws 1995, LB 424, § 6;

Laws 1996, LB 1218, § 38.
Neb. Rev. Stat. § 75-101.01 — NE Code / Chapter 75 / Section 75-101.01
View Statute 75-101.01
Status: in_force

(1) Based on the 2020 Census of Population by the United States Department of Commerce, Bureau of the Census, the State of Nebraska is hereby divided into five public service commissioner districts, and each public service commissioner district shall be entitled to one member.

(2) The numbers and boundaries of the districts are designated and established by maps identified and labeled as maps PSC21-39001 , PSC21-39001-1, PSC21-39001-2, PSC21-39001-3, PSC21-39001-4, and PSC21-39001-5, filed with the Clerk of the Legislature, and incorporated by reference as part of Laws 2021, LB5, One Hundred Seventh Legislature, First Special Session.

(3)(a) The Clerk of the Legislature shall transfer possession of the maps referred to in subsection (2) of this section to the Secretary of State on October 1, 2021.

(b) When questions of interpretation of district boundaries arise, the maps referred to in subsection (2) of this section in possession of the Secretary of State shall serve as the indication of the legislative intent in drawing the district boundaries.

(c) Each election commissioner or county clerk shall obtain copies of the maps referred to in subsection (2) of this section for the election commissioner's or clerk's county from the Secretary of State.

(d) The Secretary of State shall also have available for viewing on his or her website the maps referred to in subsection (2) of this section identifying the boundaries for the districts.

Laws 1963, c. 174, § 1, p. 596;

Laws 1971, LB 955, § 1;

Laws 1981, LB 551, § 1;

R.S.1943, (1987), § 5-107;

Laws 1991, LB 618, § 1;

Laws 2001, LB 855, § 2;

Laws 2011, LB700, § 1;

Laws 2021, First Spec. Sess., LB5, § 1.
Neb. Rev. Stat. § 75-304 — NE Code / Chapter 75 / Section 75-304
View Statute 75-304
Status: in_force

(1) The commission may establish such just and reasonable classifications of groups of carriers, included in the terms common carrier and contract carrier, as the special nature of the services performed by such carriers require and adopt and promulgate such just and reasonable rules, regulations, and requirements, to be observed by the carrier so classified or grouped, as the commission deems necessary or desirable in the public interest and as are consistent with the provisions of sections 75-301 to 75-322 . All certificates and permits issued by the commission shall be construed and interpreted, and the operations authorized thereunder shall be tested and determined, in accordance with such classification so established and any rule, regulation, or requirement prescribed by the commission relating to such carrier so classified.

(2) Contract carriers shall obtain and maintain uninsured and underinsured insurance coverage for each passenger in each motor vehicle in minimum amounts to be established by the commission.

(3) The commission shall adopt and promulgate rules and regulations to carry out sections 75-323 to 75-343 . The rules and regulations found in chapter 3 of title 291 of the Nebraska Administrative Code shall not apply to transportation network companies. If there is any conflict between sections 75-301 to 75-322 and sections 75-323 to 75-343 regarding the regulation of transportation network companies, the provisions of sections 75-323 to 75-343 shall apply.

Laws 1963, c. 425, art. III, § 4, p. 1378;

Laws 1969, c. 606, § 3, p. 2469;

Laws 1989, LB 78, § 20;

Laws 1993, LB 412, § 6;

Laws 1994, LB 414, § 68;

Laws 1995, LB 424, § 26;

Laws 2015, LB629, § 24.
Neb. Rev. Stat. § 75-369.02 — NE Code / Chapter 75 / Section 75-369.02
View Statute 75-369.02
Status: in_force

Following a compliance review of an intrastate motor carrier by an officer of the Nebraska State Patrol carrier enforcement division, the Nebraska State Patrol shall issue a safety rating of that motor carrier. The safety rating shall be based upon factors prescribed in 49 C.F.R. part 385 — Safety Fitness Procedures adopted in section 75-363 , portions of 49 C.F.R. chapter I adopted in section 75-364 , and insurance requirements for intrastate motor carriers set forth by the Public Service Commission pursuant to section 75-307 . The motor carrier shall be notified by the Nebraska State Patrol of such safety rating by certified or registered mail.

Laws 1994, LB 358, § 2;

Laws 2006, LB 1007, § 19.
Neb. Rev. Stat. § 75-115 — NE Code / Chapter 75 / Section 75-115
View Statute 75-115
Status: in_force

(1) The commission shall have the power to examine and inspect, from time to time, the condition of each motor carrier or regulated motor carrier as defined in section 75-302 or each common carrier, the carrier's equipment, and the manner of the carrier's conduct and management, with regard to the public safety and convenience in the state.

(2) If any equipment is found in an unsafe and dangerous condition, the commission shall immediately notify such carrier whose duty it is to put the same in repair, which shall be done by it within a reasonable time after receiving such notice. If any such carrier fails to perform this duty, the commission may enjoin and prevent it from operating the same while in such unsafe and dangerous condition or may after notice and hearing order such carrier to make reasonable improvements of its service, facilities, and equipment as are necessary.

(3) It is the policy of the Legislature that the on-road enforcement of the provisions of law related to regulated motor carriers and motor carriers administered by the commission shall be carried out by the carrier enforcement division of the Nebraska State Patrol.

Laws 1963, c. 425, art. I, § 15, p. 1359;

Laws 1971, LB 662, § 1;

Laws 1989, LB 78, § 5;

Laws 1995, LB 424, § 7;

Laws 1996, LB 1218, § 39.

Even before 1971 amendment, Railway Commission's powers were not limited to injunction as means of enforcement; power specifically confirmed by 1971 amendment. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).

Even before 1971 amendment, Railway Commission's powers were not limited to injunction as means of enforcement; power specifically confirmed by 1971 amendment. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).
Neb. Rev. Stat. § 75-144 — NE Code / Chapter 75 / Section 75-144
View Statute 75-144
Status: in_force

(1) If it appears to the court after a hearing that an order of the commission has been violated or disobeyed, the court may issue an injunction or other proper process, mandatory or otherwise, to restrain the person from further continuing such violation or disobedience of the order and enjoining disobedience to the order.

(2) In case of any disobedience of any injunction or other proper process, mandatory or otherwise, the person to whom it was directed shall be guilty of contempt of court. The court may issue a writ of attachment or other process of the court incident or applicable to an injunction or other proper process, mandatory or otherwise, against the person to pay any sum of money, not exceeding, for each such person, the sum of one thousand dollars for every day after a day to be named in the order that the person fails to obey the injunction or other proper process, mandatory or otherwise.

(3) The money shall, when paid, be disposed of according to law. The payment of the money may, without prejudice to any other motive covering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the money had been recovered by final decree in personam in such court.

Laws 1963, c. 425, art. I, § 44, p. 1370;

Laws 1993, LB 42, § 15;

Laws 1994, LB 414, § 57.
Neb. Rev. Stat. § 75-369 — NE Code / Chapter 75 / Section 75-369
View Statute 75-369
Status: in_force

The Nebraska State Patrol shall provide each county treasurer and the Department of Motor Vehicles with copies of a declaration which states that the motor carrier safety regulations in sections 75-362 to 75-369.07 have been enacted into state law. The declaration shall be distributed by the county treasurers and the Department of Motor Vehicles to each applicant for registration of commercial motor vehicles subject to sections 75-363 and 75-364 . The applicant shall sign the registration form to acknowledge that the applicant has read the declaration and is aware that the motor carrier safety regulations are part of state law. Nothing in this section shall be construed to impose any liability upon any county treasurer or the Department of Motor Vehicles or any employee thereof as a result of any act or failure to act under this section.

Laws 1986, LB 301, § 7;

Laws 2003, LB 480, § 6;

Laws 2006, LB 1007, § 17.
Neb. Rev. Stat. § 74-1339 — NE Code / Chapter 75 / Section 74-1339
74-1339
Status: in_force

The county board or other public authority in interest may carry out any such agreement and may establish, vacate, or relocate any public road so as to comply with any such agreement. The procedure shall be that provided by sections 39-1701 to 39-1731 , insofar as the same is applicable, but no petition shall be necessary or required.

Laws 1963, c. 425, art. IV, § 17, p. 1404;

R.S.1943, (1996), § 75-417;

Laws 1997, LB 255, § 11.
Neb. Rev. Stat. § 75-719 — NE Code / Chapter 75 / Section 75-719
View Statute 75-719
Status: in_force

An electrical transmission line for which application is required under section 75-710 will have complied with all the requirements of section 75-710 when built in accordance with the order and specifications of the commission for the construction of a line giving reasonable protection to existing lines. A separate order and set of specifications shall be issued covering the construction of each transmission line or addition thereto. No application need be made to the commission for authority to construct a customer's primary service connection between an existing electric transmission line on either side of a highway and a customer's transformer location. The construction of such a primary service connection shall conform to the requirements of law and the rules and regulations of the commission and shall be used for a customer's service only no part of which shall be along or on a section line, public road, or property owned by another party. A line extension not to exceed one-half mile in length, for which application is required under section 75-710 , may be built from an existing electric transmission line prior to obtaining approval of such extension by the commission if all the owners or operators of existing electrical or communication lines, or railroad signal lines located within the respective distances described in section 75-710 , and the Director of Aeronautics, if required by sections 75-713 and 75-714 , consent to such construction. The construction of such line extension shall conform to the requirements of law and the rules and regulations of the commission. Within thirty days after the construction of such a line extension, an application shall be made for construction of such extension as required in other cases and shall be referred to as a delayed application. All provisions of law relating to electric transmission line applications, notices, hearings, and orders shall apply to such delayed application. Neither the fact that the line extension has been built nor the consent thereto given by owners of other lines shall affect in any way the conclusion or authority of the commission. If it is finally determined that the application should be denied because the line does not comply with law, the owner shall remove the line extension.

Laws 1963, c. 425, art. VII, § 19, p. 1427;

Laws 1980, LB 611, § 5;

Laws 1981, LB 485, § 3.
Neb. Rev. Stat. § 75-104 — NE Code / Chapter 75 / Section 75-104
View Statute 75-104
Status: in_force

(1) Until January 4, 2007, the annual salary of each commissioner shall be fifty thousand dollars. Commencing January 4, 2007, the annual salary of each commissioner shall be seventy-five thousand dollars.

(2) Each commissioner shall be entitled to receive from the state his or her mileage expenses incurred while traveling in the line of duty to and from his or her residence to the office of the Public Service Commission in Lincoln pursuant to the following conditions:

(a) The Public Service Commission has adopted and promulgated rules and regulations establishing guidelines for allowable reimbursement of such mileage expenses, except that such mileage rate shall not exceed the mileage rate established by the Department of Administrative Services pursuant to section 81-1176 ;

(b) The request for such reimbursement falls within such guidelines; and

(c) The total amounts authorized for such reimbursement of mileage expenses in any fiscal year does not cause the total expenses to exceed the total funds appropriated to the program established for commissioners' expenses. In addition thereto, the commissioners, executive director, clerks, and other employees of the commission shall be reimbursed for expenses, including the cost of transportation while traveling on the business of the commission, to be paid in the same manner as other requests for payment or reimbursement from the state. In computing the cost of transportation for the commissioners, executive director, clerks, and other employees, no mileage or other traveling expense shall be requested or allowed unless sections 81-1174 to 81-1177 are strictly complied with.

Laws 1963, c. 425, art. I, § 4, p. 1355;

Laws 1967, c. 477, § 1, p. 1473;

Laws 1969, c. 603, § 1, p. 2464;

Laws 1972, LB 1389, § 1;

Laws 1975, LB 311, § 1;

Laws 1980, LB 872, § 1;

Laws 1984, LB 826, § 2;

Laws 1986, LB 43, § 3;

Laws 1988, LB 864, § 11;

Laws 1990, LB 503, § 1;

Laws 1994, LB 414, § 27;

Laws 1994, LB 872, § 16;

Laws 1995, LB 16, § 1;

Laws 2000, LB 956, § 1;

Laws 2006, LB 817, § 1;

Laws 2020, LB381, § 82.
Neb. Rev. Stat. § 75-134 — NE Code / Chapter 75 / Section 75-134
View Statute 75-134
Status: in_force

(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission.

(2) Every order of the commission shall become effective ten days after the date of the mailing of a copy of the order to the parties of record except (a) when the commission prescribes an alternate effective date, (b) as otherwise provided in section 75-121 or 75-139 , (c) for cease and desist orders issued pursuant to section 75-133 which shall become effective on the date of entry, or (d) for orders entered pursuant to section 75-319 which shall become effective on the date of entry.

(3) Except as otherwise provided in this section or for rate orders provided for in section 75-139 , any appeal of a commission order shall not stay enforcement of such order unless otherwise ordered by the commission or the Court of Appeals.

(4) Notwithstanding subsection (3) of this section, any appeal of a rate order under the State Natural Gas Regulation Act entered pursuant to section 66-1838 shall stay enforcement of such order pending resolution of the appeal.

Laws 1963, c. 425, art. I, § 34, p. 1367;

Laws 1967, c. 479, § 9, p. 1479;

Laws 1976, LB 426, § 1;

Laws 1991, LB 732, § 130;

Laws 1994, LB 414, § 47;

Laws 1995, LB 424, § 15;

Laws 2000, LB 1285, § 3;

Laws 2002, LB 1105, § 490;

Laws 2002, LB 1211, § 9;

Laws 2003, LB 187, § 19;

Laws 2005, LB 247, § 2;

Laws 2013, LB545, § 4.

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

The "reasoning" requirement of this section is satisfied by a Public Service Commission order containing a statement of underlying facts, ultimate facts, and findings where the issues involved are issues of fact. Hugelman v. A & A Trucking, Inc., 198 Neb. 628, 254 N.W.2d 412 (1977).

The "reasoning" requirement of this section is satisfied by a Public Service Commission order containing a statement of underlying facts, ultimate facts, and findings where the issues involved are issues of fact. Hugelman v. A & A Trucking, Inc., 198 Neb. 628, 254 N.W.2d 412 (1977).

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).

An order of Railway Commission which fails to make findings of ultimate facts will be set aside on appeal. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).

An order of Railway Commission which fails to make findings of ultimate facts will be set aside on appeal. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).
Neb. Rev. Stat. § 75-365 — NE Code / Chapter 75 / Section 75-365
View Statute 75-365
Status: in_force

(1) Definitions contained in the regulations referred to in sections 75-363 and 75-364 shall only apply to such regulations.

(2) When the regulations referred to in sections 75-363 and 75-364 require that any person submit a report to the United States Department of Transportation or any other federal agency, that person shall also submit a copy of the report to the Nebraska State Patrol.

(3) For purposes of sections 75-362 to 75-369.07 , when a provision of any of such sections refers to the date specified in this section, such date is January 1, 2025.

Laws 1986, LB 301, § 3;

Laws 2025, LB398, § 59.
Neb. Rev. Stat. § 75-103 — NE Code / Chapter 75 / Section 75-103
View Statute 75-103
Status: in_force

The Governor shall fill all vacancies in the office of commissioner by appointment, and a person so appointed shall fill such office for the unexpired term.

Laws 1963, c. 425, art. I, § 3, p. 1355.
Neb. Rev. Stat. § 75-125 — NE Code / Chapter 75 / Section 75-125
View Statute 75-125
Status: in_force

Any common carrier which fails, refuses, or neglects to file or publish any schedule of rates, fares, and charges, or any part of the same, shall, in addition to other penalties prescribed in sections 75-101 to 75-155 , be subject to a writ of mandamus to be issued by any district court of this state in the judicial district in which its principal office is situated or in which the offense may be committed. If the common carrier is a foreign corporation, then the writ may be issued by any district court in the judicial district where it accepts traffic and has an agent to perform such service to compel compliance with the provisions of section 75-124 . The writ shall issue in the name of the state on the relation or upon the petition of the commission, and the failure to comply with the requirements shall be punishable as for contempt and shall make such common carrier liable to a penalty of one thousand dollars for each day's failure to comply with the writ. Whenever any such writ of mandamus is applied for, no bond shall be required.

Laws 1963, c. 425, art. I, § 25, p. 1363;

Laws 1994, LB 414, § 40.
Neb. Rev. Stat. § 75-723 — NE Code / Chapter 75 / Section 75-723
View Statute 75-723
Status: in_force

Any person who violates any of the provisions of sections 75-709 to 75-724 shall be guilty of a Class II misdemeanor.

Laws 1963, c. 425, art. VII, § 23, p. 1428;

Laws 1977, LB 39, § 206;

Laws 1993, LB 121, § 474;

Laws 1994, LB 414, § 133.
Neb. Rev. Stat. § 75-117 — NE Code / Chapter 75 / Section 75-117
View Statute 75-117
Status: in_force

Any motor carrier or regulated motor carrier as defined in section 75-302 or common carrier which fails, neglects, or refuses to comply with any order of the commission shall be guilty of a Class IV misdemeanor. Each day during which such failure, neglect, or refusal continues shall constitute a separate offense. If a motion is filed for reconsideration or to set aside the order, the carrier shall not be subject to such penalty during the pendency of such motion.

Laws 1963, c. 425, art. I, § 17, p. 1360;

Laws 1989, LB 78, § 7;

Laws 1995, LB 424, § 9;

Laws 2002, LB 1105, § 484;

Laws 2003, LB 187, § 15.
Neb. Rev. Stat. § 75-307 — NE Code / Chapter 75 / Section 75-307
View Statute 75-307
Status: in_force

(1) Certificated intrastate motor carriers, including common and contract carriers, any motor carrier transporting household goods under a license issued pursuant to section 75-304.03 , and any motor carrier transporting employees of a railroad carrier under a license issued pursuant to section 75-304.04 shall comply with reasonable rules and regulations prescribed by the commission governing the filing with the commission, the approval of the filings, and the maintenance of proof at such carrier's principal place of business of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in such reasonable amount as required by the commission, conditioned to pay, within the amount of such surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, any final judgment recovered against such motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under such certificate, permit, or license or for loss or damage to property of others. No certificate or permit shall be issued to a common or contract carrier, no license shall be issued to a motor carrier transporting household goods under section 75-304.03 or employees of a railroad carrier under section 75-304.04 , nor shall such certificate, permit, or license remain in force unless such carrier complies with this section and the rules and regulations prescribed by the commission pursuant to this section.

(2) The commission may, in its discretion and under its rules and regulations, require any certificated carrier, any motor carrier transporting household goods under a license issued pursuant to section 75-304.03 , and any motor carrier transporting employees of a railroad carrier under a license issued pursuant to section 75-304.04 to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in a sum to be determined by the commission, to be conditioned upon such carrier making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into the possession of such carrier in connection with its transportation service. Any carrier which may be required by law to compensate a shipper or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of such shipper or consignee under any such bond, policies of insurance, or other securities or agreements to the extent of the sum so paid.

(3) In carrying out this section, the commission may classify motor carriers and regulated motor carriers taking into consideration the hazards of the operations of such carriers and the value of the household goods carried. Nothing contained in this section shall be construed to authorize the commission to compel motor carriers other than those transporting household goods under section 75-309 or under a license issued pursuant to section 75-304.03 to carry cargo insurance.

(4) This section does not apply to transportation network companies.

Laws 1963, c. 425, art. III, § 7, p. 1379;

Laws 1989, LB 78, § 23;

Laws 1990, LB 980, § 26;

Laws 1995, LB 424, § 30;

Laws 2007, LB358, § 13;

Laws 2015, LB629, § 27;

Laws 2020, LB461, § 10.