Neb. Rev. Stat. § 75-109.01 — NE Code / Chapter 75 / Section 75-109.01
View Statute 75-109.01
Status: in_force

Except as otherwise specifically provided by law, the Public Service Commission shall have jurisdiction, as prescribed, over the following subjects:

(1) Common carriers, generally, pursuant to sections 75-101 to 75-158 ;

(2) Grain pursuant to the Grain Dealer Act and the Grain Warehouse Act and sections 89-1,104 to 89-1,108 ;

(3) Manufactured homes and recreational vehicles pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles;

(4) Modular housing units pursuant to the Nebraska Uniform Standards for Modular Housing Units Act;

(5) Motor carrier registration, licensure, and safety pursuant to sections 75-301 to 75-343 , 75-369.03 , 75-370 , and 75-371 ;

(6) Pipeline carriers and rights-of-way pursuant to the Major Oil Pipeline Siting Act, the State Natural Gas Regulation Act, and sections 75-501 to 75-503 . If the provisions of Chapter 75 are inconsistent with the provisions of the Major Oil Pipeline Siting Act, the provisions of the Major Oil Pipeline Siting Act control;

(7) Railroad carrier safety pursuant to sections 74-918 , 74-919 , 74-1323 , and 75-401 to 75-430 ;

(8) Telecommunications carriers pursuant to the Automatic Dialing-Announcing Devices Act, the 911 Service System Act, the Intrastate Pay-Per-Call Regulation Act, the Nebraska Telecommunications Regulation Act, the Nebraska Telecommunications Universal Service Fund Act, the Telecommunications Exchange Deregulation Act, the Telecommunications Relay System Act, the Telephone Consumer Slamming Prevention Act, and sections 86-574 to 86-578 , 86-1307 , and 86-1308 ;

(9) Transmission lines and rights-of-way pursuant to sections 70-301 and 75-702 to 75-724 ;

(10) Water service pursuant to the Water Service Regulation Act; and

(11) Jurisdictional utilities governed by the State Natural Gas Regulation Act. If the provisions of Chapter 75 are inconsistent with the provisions of the State Natural Gas Regulation Act, the provisions of the State Natural Gas Regulation Act control.

Laws 2002, LB 1105, § 482;

Laws 2003, LB 790, § 63;

Laws 2006, LB 1069, § 1;

Laws 2006, LB 1249, § 12;

Laws 2011, First Spec. Sess., LB1, § 14;

Laws 2015, LB629, § 1;

Laws 2015, LB461, § 1;

Laws 2020, LB461, § 1;

Laws 2020, LB992, § 10;

Laws 2022, LB1144, § 1;

Laws 2023, LB818, § 20;

Laws 2024, LB1031, § 1;

Laws 2025, LB311, § 13;

Laws 2025, LB362, § 1.

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

Grain Dealer Act, see section 75-901 .

Grain Warehouse Act, see section 88-525 .

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

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

Nebraska Telecommunications Regulation Act, see section 86-101 .

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

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 .

Telecommunications Exchange Deregulation Act, see section 86-1601 .

Telecommunications Relay System Act, see section 86-301 .

Telephone Consumer Slamming Prevention Act, see section 86-201 .

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

Water Service Regulation Act, see section 75-1001 .

Under subsection (2) of this section, the Public Service Commission's authority to regulate public grain warehouses is purely statutory, in contrast to its plenary authority to regulate common carriers under the state Constitution. Amend v. Nebraska Pub. Serv. Comm., 298 Neb. 617, 905 N.W.2d 551 (2018).

Under subsection (2) of this section, the Public Service Commission's authority to regulate public grain warehouses is purely statutory, in contrast to its plenary authority to regulate common carriers under the state Constitution. Amend v. Nebraska Pub. Serv. Comm., 298 Neb. 617, 905 N.W.2d 551 (2018).

e state Constitution. Amend v. Nebraska Pub. Serv. Comm., 298 Neb. 617, 905 N.W.2d 551 (2018).

Under subsection (2) of this section, the Public Service Commission's authority to regulate public grain warehouses is purely statutory, in contrast to its plenary authority to regulate common carriers under the state Constitution. Amend v. Nebraska Pub. Serv. Comm., 298 Neb. 617, 905 N.W.2d 551 (2018).

The Public Service Commission does not have jurisdiction pursuant to the Grain Warehouse Act and the Grain Dealer Act to determine equitable actions based on fraud and misrepresentation, such as rescission or an action for a constructive trust. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).

The Public Service Commission does not have jurisdiction pursuant to the Grain Warehouse Act and the Grain Dealer Act to determine equitable actions based on fraud and misrepresentation, such as rescission or an action for a constructive trust. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).
Neb. Rev. Stat. § 75-343 — NE Code / Chapter 75 / Section 75-343
View Statute 75-343
Status: in_force

The commission shall electronically provide the Legislature with an annual report before December 31 of each year on the status of the implementation of sections 75-323 to 75-342 . The report shall describe (1) the number of permits issued pursuant to section 75-324 , (2) a description of any revocation proceedings involving permits issued under sections 75-323 to 75-342 , (3) the number of rides provided by taxicab carriers relative to historical numbers, (4) the number of taxicabs operated by taxicab carriers relative to historical numbers, (5) the number of drivers either employed or contracted by taxicab carriers relative to historical numbers, (6) the number of taxicab carriers authorized by the commission relative to historical numbers, and (7) any other information in its possession that the commission believes will assist the Legislature in evaluating the effectiveness of sections 75-323 to 75-342 . The report shall also address the question of the need for further legislation to achieve the purposes of sections 75-323 to 75-342 .

Laws 2015, LB629, § 22.
Neb. Rev. Stat. § 75-904 — NE Code / Chapter 75 / Section 75-904
View Statute 75-904
Status: in_force

Each grain dealer or his or her agent upon taking possession of grain from a seller shall issue a receipt, contract, bill of lading, or other written communication to the seller or his or her agent. The grain dealer receipt, contract, bill of lading, or other written communication issued by the grain dealer shall include the provisions of section 75-905 and be in such form as the Public Service Commission may by rule and regulation require.

Laws 1985, LB 389, § 6;

Laws 2015, LB183, § 3.

A buyer's failure to give the seller a proper receipt as required by this section does not render null and void the time requirements of section 75-905 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 this section does not render null and void the time requirements of section 75-905 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. § 74-1336 — NE Code / Chapter 75 / Section 74-1336
74-1336
Status: in_force

(1) Whenever a complaint is filed in writing with the Department of Transportation by the duly authorized officers of any incorporated village or city or by the owner or operator of any railroad track, relative to any crossing within the affected village or city, praying for relief from the matters complained of, the department shall hold a hearing and shall make such order as the facts warrant. The findings of the department, subject to the right of appeal, shall be binding on the parties to the suit.

(2) The department shall adopt and promulgate rules and regulations for the construction, repair, and maintenance of all crossings, both public and private, across, over, and under all railroads within the corporate limits of any incorporated village or city. The rules and regulations shall be substantially the same as the rules and regulations under section 74-1332 .

Laws 1963, c. 425, art. IV, § 14, p. 1403;

Laws 1994, LB 414, § 89;

R.S.1943, (1996), § 75-414;

Laws 1997, LB 255, § 8;

Laws 2003, LB 259, § 1;

Laws 2017, LB339, § 260.

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. 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. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).
Neb. Rev. Stat. § 75-310 — NE Code / Chapter 75 / Section 75-310
View Statute 75-310
Status: in_force

Except for applications to operate a transportation network company, applications for certificates or permits and petitions for relief shall be made to the commission in writing and shall be in such form and contain such information as the commission shall by rule require. A summary of the authority or relief sought in an application or petition shall be given to interested persons according to the rules the commission shall adopt. After notice of an application or petition has been given to interested persons 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.

Laws 1963, c. 425, art. III, § 10, p. 1381;

Laws 1967, c. 479, § 16, p. 1482;

Laws 2015, LB629, § 29.

Rule relating to tacking of authorities is within the ambit of authority granted to commission under this and other related sections. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).

Rule relating to tacking of authorities is within the ambit of authority granted to commission under this and other related sections. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
Neb. Rev. Stat. § 75-722 — NE Code / Chapter 75 / Section 75-722
View Statute 75-722
Status: in_force

Commission hearings concerning the provisions of sections 75-709 to 75-724 shall be in accordance with the Administrative Procedure Act. Any appeals therefrom shall be in accordance with section 75-136 .

Laws 1963, c. 425, art. VII, § 22, p. 1428;

Laws 1994, LB 414, § 132;

Laws 2000, LB 1285, § 14;

Laws 2013, LB545, § 9.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 75-385 — NE Code / Chapter 75 / Section 75-385
View Statute 75-385
Status: in_force

The Division of Motor Carrier Services is established within the Department of Motor Vehicles and shall be headed by the Administrator of Motor Carrier Services. The administrator shall administer the affairs of the division.

Laws 1996, LB 1218, § 1;

Laws 2018, LB177, § 15.
Neb. Rev. Stat. § 75-901 — NE Code / Chapter 75 / Section 75-901
View Statute 75-901
Status: in_force

Sections 75-901 to 75-910 shall be known and may be cited as the Grain Dealer Act.

Laws 1985, LB 389, § 3;

Laws 1987, LB 507, § 1;

Laws 2003, LB 735, § 2.
Neb. Rev. Stat. § 86-161 — NE Code / Chapter 75 / Section 86-161
86-161
Status: in_force

Any person who violates section 86-130 is guilty of a Class V misdemeanor. The commission shall enforce such section, and the Attorney General or any county attorney shall, upon request of the commission, assist in the prosecution of any violations of such section.

Laws 1963, c. 425, art. VI, § 6, p. 1419;

Laws 1993, LB 121, § 470;

Laws 1994, LB 414, § 101;

Laws 2000, LB 1285, § 10;

R.S.Supp.,2000, § 75-606;

Laws 2002, LB 1105, § 60.
Neb. Rev. Stat. § 75-335 — NE Code / Chapter 75 / Section 75-335
View Statute 75-335
Status: in_force

(1) Coverage under a transportation network company insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim nor shall a personal automobile insurance policy, including a personal liability umbrella policy, be required to first deny a claim.

(2) When transportation network company insurance maintained by a participating driver to fulfill the insurance obligations of sections 75-332 to 75-341 has lapsed or ceased to exist, the transportation network company shall provide the coverage required by sections 75-332 to 75-341 beginning with the first dollar of a claim.

(3) For transportation network company insurance maintained by a transportation network company to meet the requirements of sections 75-332 to 75-341 , a certificate of insurance shall be filed with the commission specifying that on cancellation or nonrenewal of the transportation network company insurance, the insurer must send written notice of the cancellation or nonrenewal to the commission at least thirty days before the effective date of the cancellation or nonrenewal.

Laws 2015, LB629, § 14.
Neb. Rev. Stat. § 75-154 — NE Code / Chapter 75 / Section 75-154
View Statute 75-154
Status: in_force

If, under section 75-153 , a consignor of personal property violates written shipping instructions given by the consignee to the consignor a reasonable time prior to the making of the shipment, the consignor shall be liable for actual damages to the consignee or any public carrier injured by the failure of the consignor to comply with the written shipping instructions given the consignor by the consignee.

Laws 1965, c. 444, § 3, p. 1413;

Laws 1994, LB 414, § 65.
Neb. Rev. Stat. § 75-308.01 — NE Code / Chapter 75 / Section 75-308.01
View Statute 75-308.01
Status: in_force

(1) Any two or more motor carriers authorized to operate under a common tariff approved by the commission under section 75-118 or 75-304.01 shall be permitted to meet and review operational conditions of affected motor carriers for the following purposes:

(a) To study the ratio of expenses to income and general financial condition of the motor carrier industry in Nebraska;

(b) To determine whether any change or changes should be made in any commission-approved tariff;

(c) To consider the joint employment of technical assistance to accomplish the purposes set forth in this section;

(d) To determine whether it is necessary to file an application to make tariff changes; and

(e) To do all other acts necessary to accomplish the filing of a rate application with the commission.

(2) Motor carriers may establish joint-line arrangements for intrastate transportation of property to exchange or to interline freight that each motor carrier transports over a part of the joint route and to agree to a joint rate for the transportation service. Motor carriers may also collectively participate in, establish, and use a freight classification system and mileage guide that can be used to determine the rates for intrastate transportation.

(3) The laws of this state relating to competition shall not apply to motor carriers and other persons who carry out the activities described in subsection (2) of this section. The commission may regulate the activities described in subsection (2) of this section and shall investigate and issue orders when necessary to preserve the sound and efficient transportation of property by motor carriers.

Laws 1978, LB 845, § 1;

Laws 1994, LB 414, § 71;

Laws 1995, LB 424, § 35.
Neb. Rev. Stat. § 86-130 — NE Code / Chapter 75 / Section 86-130
86-130
Status: in_force

(1) Every telecommunications company in Nebraska shall file with the commission (a) maps of the territory in Nebraska in which the telecommunications company offers local exchange telephone service and (b) amended maps to continuously keep current the information shown on such maps.

(2) Rules and regulations of the commission shall include: The style, size, and kind of maps; the information to be shown on such maps; the time and place for filing the maps; and a requirement that the maps be kept current.

(3) The commission may revoke or suspend the certificate of convenience and necessity as a telecommunications common carrier or the permit as a telecommunications contract carrier of any telecommunications company who violates this section.

Laws 1963, c. 425, art. VI, § 5, p. 1418;

Laws 1993, LB 121, § 469;

Laws 1994, LB 414, § 100;

R.S.1943, (1996), § 75-605;

Laws 2002, LB 1105, § 29.

Anyone operating an exchange offering telephone service is required to file a map of the territory in which service is offered. Chambers Rural Tel. Co., Inc. v. K. & M. Tel. Co., Inc., 179 Neb. 735, 140 N.W.2d 400 (1966).

Anyone operating an exchange offering telephone service is required to file a map of the territory in which service is offered. Chambers Rural Tel. Co., Inc. v. K. & M. Tel. Co., Inc., 179 Neb. 735, 140 N.W.2d 400 (1966).

Filing of territorial maps under this section (formerly section 75-605) was made. Sherdon v. American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).

Filing of territorial maps under this section (formerly section 75-605) was made. Sherdon v. American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).
Neb. Rev. Stat. § 75-139.01 — NE Code / Chapter 75 / Section 75-139.01
View Statute 75-139.01
Status: in_force

For purposes of sections 75-101 to 75-158 , person shall mean any individual, corporation, governmental agency or subdivision, partnership, limited liability company, company, or association and any other legal or commercial entity, including any common or contract carrier or jurisdictional utility and its owners, directors, officers, limited liability company members, agents, and employees.

Laws 1993, LB 42, § 13;

Laws 1994, LB 414, § 52;

Laws 1994, LB 884, § 87;

Laws 2000, LB 1285, § 8;

Laws 2003, LB 790, § 72.
Neb. Rev. Stat. § 75-430 — NE Code / Chapter 75 / Section 75-430
View Statute 75-430
Status: in_force

It shall be unlawful to locate, maintain, or allow to remain any light at any place within this state in such a place or manner that the light interferes with the view of any railroad signal to an extent which causes danger in the operation of trains.

Whenever any light has been located, maintained, or allowed to remain in such a place or manner that it interferes with the view of any railroad signal to an extent which causes danger in the operation of trains, the commission shall, upon its own motion or upon the complaint of an affected owner of a railroad or other interested party, set the complaint for hearing and issue a formal order to enforce compliance with this section if it finds that the light does interfere to such an extent.

Laws 1963, c. 425, art. IV, § 30, p. 1411;

Laws 1994, LB 414, § 96.
Neb. Rev. Stat. § 75-157 — NE Code / Chapter 75 / Section 75-157
View Statute 75-157
Status: in_force

Any hearing held pursuant to section 75-156 shall be held pursuant to rules and regulations adopted and promulgated by the Public Service Commission. Every decision and order rendered by the commission after the hearing is held shall be in writing and accompanied by findings of facts and conclusions of law. The decision or order shall be sent to the parties by certified or registered mail.

Laws 1995, LB 424, § 19.
Neb. Rev. Stat. § 75-134.02 — NE Code / Chapter 75 / Section 75-134.02
View Statute 75-134.02
Status: in_force

(1) Except with respect to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838 , any party may file a motion for reconsideration with the commission within ten days after the effective date of the order as determined under section 75-134 . The filing of a motion for reconsideration shall suspend the time for filing a notice of intention to appeal pending resolution of the motion, except that if the commission does not dispose of a motion for reconsideration within sixty days after the filing of the motion, the motion shall be deemed denied and the procedures for appeal in section 75-136 apply.

(2) Any party to a general rate proceeding under the State Natural Gas Regulation Act may file a motion for reconsideration within thirty days after the day an order setting natural gas rates is entered by the commission. The filing of a motion for reconsideration shall stay the order until the earlier of the date the commission enters an order resolving the motion or one hundred twenty days from the date of the order setting rates. Either party shall have thirty days after the date the commission enters an order resolving the motion or the expiration of the one-hundred-twenty-day period for considering the motion, whichever is earlier, in which to file an appeal.

Laws 2013, LB545, § 7.

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

The words "file" and "filing" in this section mean that a motion for reconsideration must be in the possession of the Public Service Commission within 10 days after the effective date of the order in order to suspend the time for filing a notice of intention to appeal. In re App. No. C-4973 of Skrdlant, 305 Neb. 635, 942 N.W.2d 196 (2020).

The words "file" and "filing" in this section mean that a motion for reconsideration must be in the possession of the Public Service Commission within 10 days after the effective date of the order in order to suspend the time for filing a notice of intention to appeal. In re App. No. C-4973 of Skrdlant, 305 Neb. 635, 942 N.W.2d 196 (2020).
Neb. Rev. Stat. § 75-1005 — NE Code / Chapter 75 / Section 75-1005
View Statute 75-1005
Status: in_force

Within ninety days after July 1, 1994, a petition may be filed with the commission requesting a review of the established rates and charges. The petition shall be signed by at least twenty-five percent of the private water company's customers. Upon receipt of a petition, the commission shall set a time, place, and date for a public hearing to consider the established rates or charges. The hearing shall be held within ninety days after the filing of the petition pursuant to the rules and regulations of the commission. Notice of a hearing shall be given in the same manner as prescribed in subsection (2) of section 75-1007 .

Laws 1994, LB 1002, § 5.
Neb. Rev. Stat. § 75-708 — NE Code / Chapter 75 / Section 75-708
View Statute 75-708
Status: in_force

Any person who strings or maintains any wire across any railroad right-of-way in this state at a different height or in a different manner than that prescribed by the commission, shall forfeit and pay to the State of Nebraska the sum of one hundred dollars for each separate period of ten days during which such wire is so maintained, such forfeiture to be recovered in a civil action brought in any court of competent jurisdiction in the name of the State of Nebraska, by the Attorney General, or by the county attorney of the county in which the wire is situated, at the request of the commission. The Attorney General and the respective county attorneys shall bring such action forthwith upon being so requested.

Laws 1963, c. 425, art. VII, § 8, p. 1423;

Laws 1994, LB 414, § 120.
Neb. Rev. Stat. § 75-710 — NE Code / Chapter 75 / Section 75-710
View Statute 75-710
Status: in_force

If the voltage of any electric line described in section 75-709 will exceed fifteen thousand volts and such line will be within one-quarter mile of any existing electrical or communication line of any other person or signal line of any railroad or if the voltage of such electric line will exceed seven hundred volts and such line will be within five hundred feet of the electrical or communication line of any other person or signal line of any railroad, application to construct the line shall be made to the commission, except that no application shall be required for any line which will not exceed fifteen thousand volts, which will not exceed six hundred sixty feet in length, and which will be more than seventy-five feet from any existing electrical or communication line of any other person or signal line of any railroad. The projectors of such line shall file with their application (1) a map or drawing showing the route of the proposed line and any existing electrical or communication lines or railroad signal lines within the respective distances described in this section, which drawing shall identify and give the names of the owners of such other lines, (2) specifications showing the manner of the construction of the proposed line, and (3) such other information as the commission may prescribe. Application shall be made to increase the voltage of an existing line in the manner stated for new construction as provided in this section.

Laws 1963, c. 425, art. VII, § 10, p. 1424;

Laws 1980, LB 611, § 1;

Laws 1981, LB 485, § 1;

Laws 1994, LB 414, § 122.
Neb. Rev. Stat. § 75-369.03 — NE Code / Chapter 75 / Section 75-369.03
View Statute 75-369.03
Status: in_force

(1) The Superintendent of Law Enforcement and Public Safety may issue an order imposing a civil penalty against a motor carrier transporting persons or property in interstate commerce for a violation of sections 75-392 to 75-3,100 or against a motor carrier transporting persons or property in intrastate commerce for a violation or violations of section 75-363 or 75-364 based upon an inspection conducted pursuant to section 75-366 in an amount which shall not exceed one thousand two dollars for any single violation in any proceeding or series of related proceedings against any person or motor carrier as defined in 49 C.F.R. 390.5 as adopted in section 75-363 .

(2) The superintendent shall issue an order imposing a civil penalty in an amount not to exceed twenty thousand seventeen dollars against a motor carrier transporting persons or property in interstate commerce for a violation of subdivision (2)(e) of section 60-4,162 based upon a conviction of such a violation.

(3) The superintendent shall issue an order imposing a civil penalty against a driver operating a commercial motor vehicle, as defined in section 60-465 , that requires a commercial driver's license or CLP-commercial learner's permit, in violation of an out-of-service order. The civil penalty shall be in an amount not less than three thousand eight hundred sixty-one dollars for a first violation and not less than seven thousand seven hundred twenty-three dollars for a second or subsequent violation.

(4) The superintendent shall issue an order imposing a civil penalty against a motor carrier who knowingly allows, requires, permits, or authorizes the operation of a commercial motor vehicle, as defined in section 60-465 , that requires a commercial driver's license or CLP-commercial learner's permit, in violation of an out-of-service order. The civil penalty shall be not less than six thousand nine hundred seventy-four dollars but not more than thirty-eight thousand six hundred twelve dollars per violation.

(5) Upon the discovery of any violation by a motor carrier transporting persons or property in interstate commerce of section 75-307 , 75-363 , or 75-364 or sections 75-392 to 75-3,100 based upon an inspection conducted pursuant to section 75-366 , the superintendent shall immediately refer such violation to the appropriate federal agency for disposition, and upon the discovery of any violation by a motor carrier transporting persons or property in intrastate commerce of section 75-307 based upon such inspection, the superintendent shall refer such violation to the Public Service Commission for disposition.

Laws 1994, LB 358, § 3;

Laws 1996, LB 1218, § 62;

Laws 2002, LB 499, § 7;

Laws 2006, LB 1007, § 20;

Laws 2007, LB358, § 14;

Laws 2008, LB845, § 2;

Laws 2009, LB331, § 17;

Laws 2014, LB983, § 64;

Laws 2017, LB263, § 91;

Laws 2018, LB909, § 124;

Laws 2020, LB944, § 81;

Laws 2022, LB750, § 82;

Laws 2023, LB138, § 54;

Laws 2024, LB1200, § 63;

Laws 2025, LB398, § 61.

An "interstate motor carrier" within the meaning of this section is a carrier subject to federal jurisdiction pursuant to the federal motor carrier safety regulations, as delimited by 49 U.S.C. 13501 et seq., and an "intrastate motor carrier" is a carrier not subject to that federal jurisdiction. Caspers Constr. Co. v. Nebraska State Patrol, 270 Neb. 205, 700 N.W.2d 587 (2005).

An "interstate motor carrier" within the meaning of this section is a carrier subject to federal jurisdiction pursuant to the federal motor carrier safety regulations, as delimited by 49 U.S.C. 13501 et seq., and an "intrastate motor carrier" is a carrier not subject to that federal jurisdiction. Caspers Constr. Co. v. Nebraska State Patrol, 270 Neb. 205, 700 N.W.2d 587 (2005).
Neb. Rev. Stat. § 2-2711 — NE Code / Chapter 75 / Section 2-2711
2-2711
Status: in_force

The department shall have full authority to enforce sections 2-2701 to 2-2711 both by denial of a permit to sell tractors in the state and by injunctive relief in the district court having jurisdiction. The department shall adopt and promulgate rules and regulations as are necessary to enforce the intent and purposes of such sections.

Laws 1963, c. 425, art. III, § 46, p. 1398;

R.R.S.1943, § 75-346;

Laws 1967, c. 480, § 11, p. 1490;

Laws 1971, LB 692, § 11;

Laws 1986, LB 768, § 14.
Neb. Rev. Stat. § 75-1007 — NE Code / Chapter 75 / Section 75-1007
View Statute 75-1007
Status: in_force

(1) Prior to the effective date of the proposed rates or charges, a petition may be filed with the commission requesting a review of the proposed rates and charges. The petition shall be signed by at least twenty-five percent of the private water company's customers. Upon receipt of a petition, the commission shall set a time, place, and date for a public hearing to consider the proposed rates or charges. The hearing shall be held within ninety days after the filing of the petition pursuant to the rules and regulations of the commission.

(2) Notice of a hearing shall be served on customers by the commission at least fifteen days prior to the day of the hearing. Notice of the hearing shall also be published by the commission at least once a week for two successive weeks in a newspaper of general circulation in each service area affected by or to be affected by the proposed rates or charges with the date of last publication at least ten days prior to the hearing.

(3) At least ten days prior to the hearing, the commission shall make all files and information gathered by it and its employees and agents relating to the matter to be heard available for inspection during regular office hours.

(4) Any person may appear at the hearing and present testimony, evidence, exhibits, or other information and may do so in person or by counsel, or both, pursuant to the rules and regulations of the commission.

Laws 1994, LB 1002, § 7.
Neb. Rev. Stat. § 75-324 — NE Code / Chapter 75 / Section 75-324
View Statute 75-324
Status: in_force

(1) No person shall operate a transportation network company in Nebraska without first obtaining a permit from the commission. The application for a permit shall be in writing, under oath, submitted to the commission, and accompanied by the fee required under section 75-305 . A duly authorized official of the applicant who possesses the full power and authority to make binding representations on the applicant's behalf shall subscribe to the oath on the application. The application shall contain the following information:

(a) The legal name of the applicant;

(b) Any name under which the applicant will or does conduct business in Nebraska;

(c) The applicant's primary business address and telephone number;

(d) A copy of the articles of organization or certificate to transact business in Nebraska;

(e) The name, address, and telephone number of the applicant's registered agent in Nebraska; and

(f) A statement that the applicant agrees to adhere to the statutes of Nebraska and to the rules and regulations of the commission regulating transportation network companies.

(2)(a) The commission shall review the application for completeness and verify the information submitted. If the commission finds any information incomplete or inaccurate, the commission shall notify the applicant and give the applicant the opportunity to complete the application.

(b) If an applicant is duly certified or permitted to operate a transportation network company in at least one other state, the commission shall, within sixty days after receiving a complete application, issue a permit to the applicant if the applicant meets the requirements of sections 75-323 to 75-343 .

(c) If an applicant is not duly certified or permitted to operate a transportation network company in at least one other state, the applicant shall bear the burden of demonstrating that (i) the applicant has sufficient financial resources to provide transportation network company services in the proposed service territory, (ii) the applicant has sufficient technical competency to provide transportation network company services in the proposed service territory, and (iii) the applicant has sufficient managerial resources to provide transportation network company services in the proposed service territory. If the requirements of subdivisions (i) through (iii) of this subdivision are met and the applicant has satisfactorily provided all of the information in the application required under this section, the commission shall, within ninety days after receiving a complete application, issue a permit to the applicant if the applicant meets the requirements of sections 75-323 to 75-343 .

(3) A participating driver contracting with a transportation network company holding a valid permit from the commission shall not be required to obtain a permit or certificate from the commission when driving pursuant to the terms of the contract with the transportation network company.

Laws 2015, LB629, § 3.
Neb. Rev. Stat. § 75-711 — NE Code / Chapter 75 / Section 75-711
View Statute 75-711
Status: in_force

Upon application being filed pursuant to section 75-710 , the commission shall notify all parties who own or operate electrical or communication lines or railroad signal lines and who are likely to be affected by the construction of the electrical lines to appear at a public hearing at a time and place to be fixed by the commission for hearing of the application. Any such party may appear as provided in the rules of procedure of the commission. The commission shall take into consideration the prior occupancy of the space by existing lines.

Laws 1963, c. 425, art. VII, § 11, p. 1424;

Laws 1981, LB 485, § 2;

Laws 1994, LB 414, § 123.
Neb. Rev. Stat. § 75-104.01 — NE Code / Chapter 75 / Section 75-104.01
View Statute 75-104.01
Status: in_force

Section 75-104 shall be so interpreted as to effectuate its general purpose, to provide, in the public interest, adequate compensation as therein provided for public service commissioners, and to permit a change in such salaries as soon as the same may become operative under the Constitution of the State of Nebraska.

Laws 1967, c. 477, § 2, p. 1474.
Neb. Rev. Stat. § 86-136 — NE Code / Chapter 75 / Section 86-136
86-136
Status: in_force

Upon the completion of the hearing on such an application made pursuant to section 86-135 , if a hearing is required, the commission may grant the application, in whole or in part, if the evidence establishes the following:

(1) That such applicant is not receiving, and at the time of the application is not able to receive, advanced telecommunications capability service from the telecommunications company which furnishes telecommunications service in the local exchange area in which the applicant resides;

(2) That the revision of the exchange service area required to grant the application is economically sound, will not impair the capability of any telecommunications company affected to serve the remaining subscribers in any affected exchanges, and will not impose an undue and unreasonable technological or engineering burden on any affected telecommunications company; and

(3) That the applicant is willing and, unless waived by the affected telecommunications company, will pay such construction and other costs and rates as are fair and equitable and will reimburse the affected telecommunications company for any undepreciated investment in existing property as determined by the commission. The amount of any payment by the applicant for construction and other costs associated with providing service to the applicant may be negotiated between the applicant and the affected telecommunications company.

Laws 1969, c. 601, § 2, p. 2457;

Laws 1982, LB 229, § 1;

Laws 1994, LB 414, § 109;

R.S.1943, (1996), § 75-613;

Laws 2002, LB 1105, § 35;

Laws 2012, LB715, § 5;

Laws 2019, LB268, § 1.

Applicants are required, irrespective of whether phone company currently providing service participates, to present evidence to establish their case. Public Service Commission may consider, in determining the adequacy of service the applicant receives, the evidence that toll charges deter others in the applicant's community of interest from calling him. 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. Public Service Commission may consider, in determining the adequacy of service the applicant receives, the evidence that toll charges deter others in the applicant's community of interest from calling him. In re Application of Jantzen, 245 Neb. 81, 511 N.W.2d 504 (1994).

A toll charge as contemplated in subsection (1) of this statute (formerly section 75-613) is a charge for a single long-distance call, not a monthly flat fee for service. In re Application of George Farm Co., 233 Neb. 23, 443 N.W.2d 285 (1989).

A toll charge as contemplated in subsection (1) of this statute (formerly section 75-613) is a charge for a single long-distance call, not a monthly flat fee for service. In re Application of George Farm Co., 233 Neb. 23, 443 N.W.2d 285 (1989).

The determination of what is economically sound under this section (formerly section 75-613) is peculiarly within the discretion and expertise of the Public Service Commission. Where the evidence is in conflict, the weight of the evidence is for the determination of the commission and not the appellate court. Reis v. Glenwood Telephone Membership Corp., 207 Neb. 575, 299 N.W.2d 771 (1980).

The determination of what is economically sound under this section (formerly section 75-613) is peculiarly within the discretion and expertise of the Public Service Commission. Where the evidence is in conflict, the weight of the evidence is for the determination of the commission and not the appellate court. Reis v. Glenwood Telephone Membership Corp., 207 Neb. 575, 299 N.W.2d 771 (1980).

Terminology of this section (formerly section 75-613) has acquired new meanings requiring case-by-case evaluation. Hartman v. Glenwood Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).

vidence is in conflict, the weight of the evidence is for the determination of the commission and not the appellate court. Reis v. Glenwood Telephone Membership Corp., 207 Neb. 575, 299 N.W.2d 771 (1980).

Terminology of this section (formerly section 75-613) has acquired new meanings requiring case-by-case evaluation. Hartman v. Glenwood Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).

Terminology of this section (formerly section 75-613) has acquired new meanings requiring case-by-case evaluation. Hartman v. Glenwood Tel. Membership Corp., 197 Neb. 359, 249 N.W.2d 468 (1977).

An applicant may obtain authority from the State Railway Commission for telephone service furnished in adjacent service area without proving inadequacy of service or unfairness of rates in the tradition of public utility law. Schoen v. American Communication Co., Inc., 189 Neb. 78, 199 N.W.2d 716 (1972).

An applicant may obtain authority from the State Railway Commission for telephone service furnished in adjacent service area without proving inadequacy of service or unfairness of rates in the tradition of public utility law. Schoen v. American Communication Co., Inc., 189 Neb. 78, 199 N.W.2d 716 (1972).

Subsection (1) of this section relates to whether an applicant is receiving, or will receive within a reasonable time, broadband service from the telecommunications company which furnishes telecommunications service in the local exchange area in which the applicant resides; a timeframe of nearly 8 months did not meet the requirement of "within a reasonable time." Note that this section was amended effective September 1, 2019, to place the focus on when the application to change exchange boundaries is filed, rather than whether service can be made available within a reasonable time. In re Application No. C-4981, 27 Neb. App. 773, 936 N.W.2d 365 (2019).

Subsection (1) of this section relates to whether an applicant is receiving, or will receive within a reasonable time, broadband service from the telecommunications company which furnishes telecommunications service in the local exchange area in which the applicant resides; a timeframe of nearly 8 months did not meet the requirement of "within a reasonable time." Note that this section was amended effective September 1, 2019, to place the focus on when the application to change exchange boundaries is filed, rather than whether service can be made available within a reasonable time. In re Application No. C-4981, 27 Neb. App. 773, 936 N.W.2d 365 (2019).
Neb. Rev. Stat. § 75-716 — NE Code / Chapter 75 / Section 75-716
View Statute 75-716
Status: in_force

The Division of Aeronautics of the Department of Transportation shall at all times maintain on file in the office of the commission a list of the airports currently licensed by the division setting forth the legal description of the real property thus used.

Laws 1963, c. 425, art. VII, § 16, p. 1426;

Laws 1980, LB 611, § 4;

Laws 1994, LB 414, § 127;

Laws 2017, LB339, § 267.
Neb. Rev. Stat. § 75-149 — NE Code / Chapter 75 / Section 75-149
View Statute 75-149
Status: in_force

The capital stock of a corporation formed by the merger or consolidation of two or more other corporations, shall not exceed the sum of the capital stock of the corporations so merged or consolidated at par value thereof, or such sum and any additional sum actually paid in cash; nor shall any contract, or consolidation or lease be capitalized in the stock of any corporation whatsoever; nor after October 19, 1963, shall any corporation issue any bonds against or as a lien upon any contract for consolidation or merger.

Laws 1963, c. 425, art. I, § 49, p. 1373.
Neb. Rev. Stat. § 75-405 — NE Code / Chapter 75 / Section 75-405
View Statute 75-405
Status: in_force

Every railroad carrier which operates lines within this state shall make an annual agreement with each shipper that receives or sends ten or more cars annually which provides the terms under which reciprocal demurrage charges shall be made on the part of the railroad carrier or shipper. Such terms shall be equal for all shippers. Any agreement made under this section shall control the relation between the parties thereto, the provisions of sections 75-401 to 75-430 to the contrary notwithstanding. Monthly settlements may be entered into, but all credits due a shipper for the current month shall be carried to the shipper's credit for the succeeding month, except that at the termination of the agreement, any credits due the shipper shall be eliminated.

Laws 1963, c. 425, art. IV, § 5, p. 1399;

Laws 1994, LB 414, § 85.
Neb. Rev. Stat. § 75-1004 — NE Code / Chapter 75 / Section 75-1004
View Statute 75-1004
Status: in_force

The commission and its agents shall be entitled to access to all books, records, and other information of a private water company which may be necessary for the commission to determine whether it may exercise regulatory authority under the Water Service Regulation Act and to carry out its regulatory authority under the act.

Laws 1994, LB 1002, § 4.
Neb. Rev. Stat. § 75-161 — NE Code / Chapter 75 / Section 75-161
View Statute 75-161
Status: in_force

The Public Service Commission shall, in consultation with the Nebraska Liquor Control Commission, adopt and promulgate rules and regulations for signs or other indicia distinguishing between buses providing special party services and buses providing charter services.

Laws 2020, LB734, § 11.
Neb. Rev. Stat. § 75-369.05 — NE Code / Chapter 75 / Section 75-369.05
View Statute 75-369.05
Status: in_force

Any notice or order provided for in sections 75-369.01 to 75-369.07 shall be personally served on the respondent or on the person authorized by the respondent to receive notices and orders or shall be sent by registered mail or certified mail, return receipt requested, to the last-known address of the respondent or the person authorized to receive such notices and orders. A copy of the notice or order shall be filed in the records of the carrier enforcement division of the Nebraska State Patrol.

Laws 1994, LB 358, § 5.
Neb. Rev. Stat. § 75-397 — NE Code / Chapter 75 / Section 75-397
View Statute 75-397
Status: in_force

The director may prescribe the appropriate forms and implement the appropriate electronic systems to allow filings with the division pursuant to the unified carrier registration plan and agreement.

Laws 2007, LB358, § 6;

Laws 2009, LB331, § 22.
Neb. Rev. Stat. § 75-158 — NE Code / Chapter 75 / Section 75-158
View Statute 75-158
Status: in_force

A civil penalty assessed pursuant to section 75-156 and unpaid shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of Lancaster County. Any civil penalty collected shall be transmitted within thirty days from receipt to the State Treasurer for credit to the permanent school fund.

Laws 1995, LB 424, § 20.
Neb. Rev. Stat. § 75-362 — NE Code / Chapter 75 / Section 75-362
View Statute 75-362
Status: in_force

For purposes of sections 75-362 to 75-369.07 , unless the context otherwise requires:

(1) Accident means:

(a) Except as provided in subdivision (b) of this subdivision, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:

(i) A fatality;

(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle.

(b) The term accident does not include:

(i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or

(ii) An occurrence involving only the loading or unloading of cargo;

(2) Bulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment. A large packaging in which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner packagings, is also a bulk packaging. Additionally, a bulk packaging has:

(a) A maximum capacity greater than one hundred nineteen gallons as a receptacle for a liquid;

(b) A maximum net mass greater than eight hundred eighty-two pounds and a maximum capacity greater than one hundred nineteen gallons as a receptacle for a solid; or

(c) A water capacity greater than one thousand pounds as a receptacle for a gas as defined in 49 C.F.R. 173.115;

(3) Cargo tank means a bulk packaging that:

(a) Is a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and closures;

(b) Is permanently attached to or forms a part of a motor vehicle or is not permanently attached to a motor vehicle but which, by reason of its size, construction, or attachment to a motor vehicle, is loaded or unloaded without being removed from the motor vehicle; and

(c) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank-car tanks, portable tanks, or tank cars;

(4) Cargo tank motor vehicle means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle;

(5) Commercial enterprise means any business activity relating to or based upon the production, distribution, or consumption of goods or services;

(6) Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce or intrastate commerce to transport passengers or property when the vehicle:

(a) Has a gross vehicle weight rating or gross combination weight rating or gross vehicle weight or gross combination weight of ten thousand one pounds or more, whichever is greater;

(b) Is designed or used to transport more than eight passengers, including the driver, for compensation;

(c) Is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or

r gross combination weight rating or gross vehicle weight or gross combination weight of ten thousand one pounds or more, whichever is greater;

(b) Is designed or used to transport more than eight passengers, including the driver, for compensation;

(c) Is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or

(d) Is used in transporting material found to be hazardous and such material is transported in a quantity requiring placarding pursuant to section 75-364 ;

(7) Compliance review means an onsite examination of motor carrier operations, such as drivers' hours of service, maintenance and inspection, driver qualification, commercial driver's license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard. A compliance review may be conducted in response to a request to change a safety rating, to investigate potential violations of safety regulations by motor carriers, or to investigate complaints or other evidence of safety violations. The compliance review may result in the initiation of an enforcement action with penalties;

(8)(a) Covered farm vehicle means a motor vehicle, including an articulated motor vehicle:

(i) That:

(A) Is traveling in the state in which the vehicle is registered or another state;

(B) Is operated by:

(I) A farm owner or operator;

(II) A ranch owner or operator; or

(III) An employee or family member of an individual specified in subdivision (8)(a)(i)(B)(I) or (8)(a)(i)(B)(II) of this section;

(C) Is transporting to or from a farm or ranch:

(I) Agricultural commodities;

(II) Livestock; or

(III) Machinery or supplies;

(D) Except as provided in subdivision (8)(b) of this section, is not used in the operations of a for-hire motor carrier; and

(E) Is equipped with a special license plate or other designation by the state in which the vehicle is registered to allow for identification of the vehicle as a farm vehicle by law enforcement personnel; and

(ii) That has a gross vehicle weight rating or gross vehicle weight, whichever is greater, that is:

(A) Less than twenty-six thousand one pounds; or

(B) Twenty-six thousand one pounds or more and is traveling within the state or within one hundred fifty air miles of the farm or ranch with respect to which the vehicle is being operated.

(b) Covered farm vehicle includes a motor vehicle that meets the requirements of subdivision (8)(a) of this section, except for subdivision (8)(a)(i)(D) of this section, and:

(i) Is operated pursuant to a crop share farm lease agreement;

(ii) Is owned by a tenant with respect to that agreement; and

(iii) Is transporting the landlord's portion of the crops under that agreement.

(c) Covered farm vehicle does not include:

(i) A combination of truck-tractor and semitrailer which is operated by a person under eighteen years of age; or

(ii) A combination of truck-tractor and semitrailer which is used in the transportation of materials found to be hazardous for the purposes of the federal Hazardous Materials Transportation Act and which require the combination to be placarded under 49 C.F.R. part 172, subpart F;

(9) Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.

(a) Inclusions: Damage to motor vehicles that could have been driven but would have been further damaged if so driven.

(b) Exclusions:

rtation Act and which require the combination to be placarded under 49 C.F.R. part 172, subpart F;

(9) Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.

(a) Inclusions: Damage to motor vehicles that could have been driven but would have been further damaged if so driven.

(b) Exclusions:

(i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts;

(ii) Tire disablement without other damage even if no spare tire is available;

(iii) Headlight or taillight damage; and

(iv) Damage to turnsignals, horn, or windshield wipers which makes them inoperative;

(10) Driver means any person who operates any commercial motor vehicle;

(11) Elevated temperature material means a material which, when offered for transportation or transported in a bulk packaging:

(a) Is in a liquid phase and at a temperature at or above two hundred twelve degrees Fahrenheit;

(b) Is in a liquid phase with a flash point at or above one hundred degrees Fahrenheit that is intentionally heated and offered for transportation or transported at or above its flash point; or

(c) Is in a solid phase and at a temperature at or above four hundred sixty-four degrees Fahrenheit;

(12) Employee means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. Such term includes a driver of a commercial motor vehicle, including an independent contractor while in the course of operating a commercial motor vehicle, a mechanic, and a freight handler. Such term does not include an employee of the United States, any state, any political subdivision of a state, or any agency established under a compact between states and approved by the Congress of the United States who is acting within the course of such employment;

(13) Employer means any person engaged in a business affecting commerce who owns or leases a commercial motor vehicle in connection with that business or assigns employees to operate it. Such term does not include the United States, any state, any political subdivision of a state, or an agency established under a compact between states approved by the Congress of the United States;

(14) Exempt motor carrier means a person engaged in transportation exempt from economic regulation under 49 U.S.C. 13506. An exempt motor carrier is subject to the safety regulations adopted in sections 75-362 to 75-369.07 ;

(15) Farm vehicle driver means a person who drives only a commercial motor vehicle that is controlled and operated by a farmer as a private motor carrier of property;

(16) Farmer means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which:

(a) Are owned by that person; or

(b) Are under the direct control of that person;

(17) Fatality means any injury which results in the death of a person at the time of the motor vehicle accident or within thirty days after the accident;

(18) Fertilizer and agricultural chemical application and distribution equipment means:

(a) Self-propelled or towed equipment, designed and used exclusively to apply commercial fertilizer, as that term is defined in section 81-2,162.02 , chemicals, or related products to agricultural soil and crops; or

f a person at the time of the motor vehicle accident or within thirty days after the accident;

(18) Fertilizer and agricultural chemical application and distribution equipment means:

(a) Self-propelled or towed equipment, designed and used exclusively to apply commercial fertilizer, as that term is defined in section 81-2,162.02 , chemicals, or related products to agricultural soil and crops; or

(b) Towed equipment designed and used exclusively to carry commercial fertilizer, as that term is defined in section 81-2,162.02 , chemicals, or related products for use on agricultural soil and crops, which are equipped with implement or floatation tires;

(19) For-hire motor carrier means a person engaged in the transportation of goods or passengers for compensation;

(20) Gross combination weight means the sum of the empty weight of a motor vehicle plus the total weight of any load carried thereon and the empty weight of the towed unit or units plus the total weight of any load carried on such towed unit or units;

(21) Gross combination weight rating means the greater of (a) a value specified by the manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard certification label required by the National Highway Traffic Safety Administration, or (b) the sum of the gross vehicle weight ratings or the gross vehicle weights of the power unit and the towed unit or units, or any combination thereof, that produces the highest value. Gross combination weight rating does not apply to a commercial motor vehicle if the power unit is not towing another vehicle;

(22) Gross vehicle weight means the sum of the empty weight of a motor vehicle plus the total weight of any load carried thereon;

(23) Gross vehicle weight rating means the value specified by the manufacturer as the loaded weight of a single motor vehicle. In the absence of such value specified by the manufacturer or the absence of any marking of such value on the vehicle, the gross vehicle weight rating shall be determined from the sum of the axle weight ratings of the vehicle or the sum of the tire weight ratings as marked on the sidewall of the tires, whichever is greater. In the absence of any tire sidewall marking, the tire weight ratings shall be determined for the specified tires from any of the publications of any of the organizations listed in 49 C.F.R. 571.119;

(24) Hazardous material means a substance or material that the Secretary of the United States Department of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce and has designated as hazardous under 49 U.S.C. 5103. The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table, 49 C.F.R. 172.101, and materials that meet the defining criteria for hazard classes and divisions in 49 C.F.R. part 173;

(25) Hazardous substance means a material, including its mixtures and solutions, that is listed in 49 C.F.R. 172.101, Appendix A, List Of Hazardous Substances and Reportable Quantities, and is in a quantity, in one package, which equals or exceeds the reportable quantity listed in 49 C.F.R. 172.101, Appendix A. This definition does not apply to petroleum products that are lubricants or fuels or to mixtures or solutions of hazardous substances if in a concentration less than that shown in the table in 49 C.F.R. 171.8 under the definition of hazardous substance based on the reportable quantity specified for the materials listed in 49 C.F.R. 172.101, Appendix A;

(26) Hazardous waste means any material that is subject to the hazardous waste manifest requirements of the United States Environmental Protection Agency specified in 40 C.F.R. 262;

in a concentration less than that shown in the table in 49 C.F.R. 171.8 under the definition of hazardous substance based on the reportable quantity specified for the materials listed in 49 C.F.R. 172.101, Appendix A;

(26) Hazardous waste means any material that is subject to the hazardous waste manifest requirements of the United States Environmental Protection Agency specified in 40 C.F.R. 262;

(27) Highway means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel;

(28) Interstate commerce means trade, traffic, or transportation provided in the furtherance of a commercial enterprise in the United States:

(a) Between a place in a state and a place outside of such state, including a place outside of the United States;

(b) Between two places in a state through another state or a place outside of the United States; or

(c) Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States;

(29) Intrastate commerce means any trade, traffic, or transportation provided in the furtherance of a commercial enterprise between any place in the State of Nebraska and any other place in Nebraska and not through any other state;

(30) Large packaging means a packaging that:

(a) Consists of an outer packaging that contains articles or inner packagings;

(b) Is designated for mechanical handling;

(c) Exceeds a net mass of four hundred kilograms or four hundred fifty liters (one hundred nineteen gallons) capacity;

(d) Has a volume of not more than three cubic meters; and

(e) Conforms to the requirements for the construction, testing, and marking of large packagings as specified in subparts P and Q of 49 C.F.R. part 178.

(31) Marine pollutant means a material which is listed in the Hazardous Materials Table, 49 C.F.R. 172.101, Appendix B, as a marine pollutant (see 49 C.F.R. 171.4 for applicability to marine pollutants) and, when in a solution or mixture of one or more marine pollutants, is packaged in a concentration which equals or exceeds:

(a) Ten percent by weight of the solution or mixture for materials listed in 49 C.F.R. 172.101, Appendix B; or

(b) One percent by weight of the solution or mixture for materials that are identified as severe marine pollutants in the Hazardous Materials Table, 49 C.F.R. 172.101, Appendix B;

(32) Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories. This definition includes the terms employer and exempt motor carrier;

(33) Motor vehicle means any vehicle, truck, truck-tractor, trailer, or semitrailer propelled or drawn by mechanical power except (a) farm tractors, (b) vehicles which run only on rails or tracks, and (c) road and general-purpose construction and maintenance machinery which by design and function is obviously not intended for use on a public highway, including, but not limited to, motor scrapers, earthmoving equipment, backhoes, trenchers, motor graders, compactors, tractors, bulldozers, bucket loaders, ditchdigging apparatus, asphalt spreaders, leveling graders, power shovels, and crawler tractors;

(34) Nonbulk packaging means a packaging which has:

(a) A maximum capacity of four hundred fifty liters (one hundred nineteen gallons) or less as a receptacle for a liquid;

(b) A maximum net mass of four hundred kilograms (eight hundred eighty-two pounds) or less and a maximum capacity of four hundred fifty liters (one hundred nineteen gallons) or less as a receptacle for a solid;

ler tractors;

(34) Nonbulk packaging means a packaging which has:

(a) A maximum capacity of four hundred fifty liters (one hundred nineteen gallons) or less as a receptacle for a liquid;

(b) A maximum net mass of four hundred kilograms (eight hundred eighty-two pounds) or less and a maximum capacity of four hundred fifty liters (one hundred nineteen gallons) or less as a receptacle for a solid;

(c) A water capacity of four hundred fifty-four kilograms (one thousand pounds) or less as a receptacle for a gas as defined in 49 C.F.R. 173.115; or

(d) Regardless of the definition of bulk packaging, a maximum net mass of four hundred kilograms (eight hundred eighty-two pounds) or less for a bag or box conforming to the applicable requirements for specification packagings, including the maximum net mass limitations provided in subpart L of 49 C.F.R. 178;

(35) Out-of-service order means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 C.F.R. 386.72, 392.5, 392.9a, 395.13, or 396.9, or compatible laws or the North American Uniform Out-of-Service Criteria;

(36) Packaging means a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of Title 49 of the Code of Federal Regulations. For radioactive materials packaging, see 49 C.F.R. 173.403;

(37) Person means any individual, partnership, association, corporation, business trust, or any other organized group of individuals;

(38) Planting and harvesting season means the period beginning on January 1 up to and including December 31 of each calendar year;

(39) Principal place of business means the single location designated by the motor carrier, normally its headquarters, for purposes of identification. The motor carrier must make records required by the regulations referred to in sections 75-362 to 75-369.07 available for inspection at this location within forty-eight hours, Saturdays, Sundays, and state or federal holidays excluded, after a request has been made by an officer of the Nebraska State Patrol;

(40) Private motor carrier means a person who provides transportation of property or passengers by commercial motor vehicle and is not a for-hire motor carrier;

(41) Safety audit means an examination of a motor carrier's operations to provide educational and technical assistance on drivers' hours of service, maintenance and inspection, driver qualification, commercial driver's license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard. The purpose of a safety audit is to gather critical safety data needed to make an assessment of the carrier's safety performance and basic safety management controls. Safety audits do not result in safety ratings; and

rements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard. The purpose of a safety audit is to gather critical safety data needed to make an assessment of the carrier's safety performance and basic safety management controls. Safety audits do not result in safety ratings; and

(42) Tank means a container, consisting of a shell and heads, that forms a pressure-tight vessel having openings designed to accept pressure-tight fittings or closures, but excludes any appurtenances, reinforcements, fittings, or closures.

Laws 2006, LB 1007, § 14;

Laws 2010, LB725, § 2;

Laws 2010, LB805, § 12;

Laws 2014, LB983, § 60;

Laws 2016, LB311, § 23;

Laws 2020, LB944, § 77.

Pursuant to subdivision (31) of this section, when distinguishing between a motor carrier and a broker, the determinative question is whether the disputed party accepted legal responsibility to transport the shipment. Sparks v. M&D Trucking, 301 Neb. 977, 921 N.W.2d 110 (2018).

Pursuant to subdivision (31) of this section, when distinguishing between a motor carrier and a broker, the determinative question is whether the disputed party accepted legal responsibility to transport the shipment. Sparks v. M&D Trucking, 301 Neb. 977, 921 N.W.2d 110 (2018).

Even if the regulatory scheme governing intrastate motor carriers was applicable to common-law concepts of respondeat superior liability in a tort action, a general contractor that was a registered motor carrier, and that hired another registered motor carrier to transport construction debris, was not the statutory employer of the hired carrier or its truckdriver and, thus, could not be held vicariously liable to automobile passenger who was injured in a collision with the hired carrier's truck while the driver was under the influence of drugs; regulatory scheme contemplated a relationship between a registered motor carrier and a private truck owner or driver that was not a registered motor carrier, and did not impose an agency relationship when the independent contractor was also a registered motor carrier. Cruz v. Lopez, 301 Neb. 531, 919 N.W.2d 479 (2018).

Even if the regulatory scheme governing intrastate motor carriers was applicable to common-law concepts of respondeat superior liability in a tort action, a general contractor that was a registered motor carrier, and that hired another registered motor carrier to transport construction debris, was not the statutory employer of the hired carrier or its truckdriver and, thus, could not be held vicariously liable to automobile passenger who was injured in a collision with the hired carrier's truck while the driver was under the influence of drugs; regulatory scheme contemplated a relationship between a registered motor carrier and a private truck owner or driver that was not a registered motor carrier, and did not impose an agency relationship when the independent contractor was also a registered motor carrier. Cruz v. Lopez, 301 Neb. 531, 919 N.W.2d 479 (2018).

Under the plain language of "employee" and "employer," as used in the statutes governing intrastate motor carriers and adopting certain federal motor carrier safety regulations, a registered motor carrier that is also an employer of the drivers of its commercial motor vehicles cannot at the same time be the statutory employee of another motor carrier acting as a general contractor for a particular job. Cruz v. Lopez, 301 Neb. 531, 919 N.W.2d 479 (2018).

used in the statutes governing intrastate motor carriers and adopting certain federal motor carrier safety regulations, a registered motor carrier that is also an employer of the drivers of its commercial motor vehicles cannot at the same time be the statutory employee of another motor carrier acting as a general contractor for a particular job. Cruz v. Lopez, 301 Neb. 531, 919 N.W.2d 479 (2018).

Under the plain language of "employee" and "employer," as used in the statutes governing intrastate motor carriers and adopting certain federal motor carrier safety regulations, a registered motor carrier that is also an employer of the drivers of its commercial motor vehicles cannot at the same time be the statutory employee of another motor carrier acting as a general contractor for a particular job. Cruz v. Lopez, 301 Neb. 531, 919 N.W.2d 479 (2018).
Neb. Rev. Stat. § 75-399 — NE Code / Chapter 75 / Section 75-399
View Statute 75-399
Status: in_force

Sections 75-392 to 75-3,100 do not apply to a foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder, including a transporter of waste or recyclable materials, engaged exclusively in intrastate commerce.

Laws 2007, LB358, § 8;

Laws 2020, LB944, § 86.
Neb. Rev. Stat. § 75-705 — NE Code / Chapter 75 / Section 75-705
View Statute 75-705
Status: in_force

The commission shall, either by personal examination or otherwise, obtain information where the railroad track at public highway crossings is crossed by wires strung over the track contrary to or not in compliance with the rules prescribed by the commission, as contemplated by section 75-703 , and shall order such change to be made by the person who owns or operates such wires as it may deem necessary to make the wires comply with such rules and within such reasonable time as it may prescribe. If the owner of the railroad and the other interested person are unable to agree as to which party shall bear the cost of any part of any such changes, the commission shall decide and determine which party shall bear the cost of such changes at public highway crossings.

Laws 1963, c. 425, art. VII, § 5, p. 1422;

Laws 1994, LB 414, § 117.
Neb. Rev. Stat. § 75-111 — NE Code / Chapter 75 / Section 75-111
View Statute 75-111
Status: in_force

The commission shall investigate any and all cases of alleged neglect or violation of the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01 and take such action with reference to the neglect or violation as may be provided by law.

Laws 1963, c. 425, art. I, § 11, p. 1357;

Laws 1989, LB 78, § 1;

Laws 1995, LB 424, § 3;

Laws 2008, LB755, § 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. § 75-702 — NE Code / Chapter 75 / Section 75-702
View Statute 75-702
Status: in_force

The commission shall have general supervision over any and all wires for transmitting electric current, or any other wire whatsoever, which crosses under or over any railroad track in this state at public highway crossings.

Laws 1963, c. 425, art. VII, § 2, p. 1422;

Laws 1994, LB 414, § 114.
Neb. Rev. Stat. § 75-369.06 — NE Code / Chapter 75 / Section 75-369.06
View Statute 75-369.06
Status: in_force

Civil penalties assessed pursuant to section 75-369.03 and unpaid shall constitute a debt to the State of Nebraska which may be collected in the form of a lien foreclosure or recovered in a proper form of action in the name of the State of Nebraska in the district court of Lancaster County. Any civil penalty collected shall be remitted on a monthly basis to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

Laws 1994, LB 358, § 6;

Laws 2008, LB845, § 3.
Neb. Rev. Stat. § 75-717 — NE Code / Chapter 75 / Section 75-717
View Statute 75-717
Status: in_force

The commission shall determine from the evidence presented at the hearing held pursuant to section 75-714 whether the applicant has made adequate allowance for the proper glide angles for the landing of aircraft at the airport concerned and shall determine, in conformity with the provisions of section 75-721 , what order should be entered in the premises.

Laws 1963, c. 425, art. VII, § 17, p. 1426;

Laws 1994, LB 414, § 128.
Neb. Rev. Stat. § 75-126 — NE Code / Chapter 75 / Section 75-126
View Statute 75-126
Status: in_force

(1) Except as otherwise provided in this section, no common carrier shall:

(a) Charge, demand, collect, or receive from any person a greater or lesser compensation for any services rendered than it charges, demands, collects, or receives from any other person for doing a like or contemporaneous service;

(b) Make or give any undue or unreasonable preference or advantage to any particular person;

(c) Subject any type of traffic to any undue or unreasonable prejudice, delay, or disadvantage in any respect whatsoever;

(d) Charge or receive any greater compensation in the aggregate for the transportation of a like kind of property or passengers for a shorter than for a longer distance over the same line or route, except as the commission may prescribe in special cases to prevent manifest injuries, except that no manifest injustice shall be imposed upon any person at intermediate points. This section shall not prevent the commission from making group or emergency rates;

(e) Demand, charge, or collect, by any device whatsoever, a lesser or greater compensation for any service rendered than that filed with or prescribed by the commission; or

(f) Change any rate, schedule, or classification in any manner whatsoever before application has been made to the commission and permission granted for that purpose, except as otherwise provided in section 86-155 .

(2) This section shall not prohibit any common carrier from, and a common carrier shall not be subject to any fine, penalty, or forfeiture for, performing services free or at reduced rates to:

(a) The United States, the State of Nebraska, or any governmental subdivision thereof;

(b) The employees, both present and retired, of such common carrier;

(c) Any person when the object is to provide relief in case of any disaster;

(d) Any person who transports property for charitable purposes;

(e) Ministers and others giving their entire time to religious or charitable work;

(f) Any person who is legally blind or visually handicapped; or

(g) Any person who is sixty-five years of age or older.

Laws 1963, c. 425, art. I, § 26, p. 1364;

Laws 1967, c. 479, § 7, p. 1477;

Laws 1982, LB 633, § 1;

Laws 1994, LB 414, § 41;

Laws 1995, LB 424, § 12;

Laws 1998, LB 1056, § 7;

Laws 2002, LB 1105, § 486;

Laws 2008, LB755, § 2;

Laws 2022, LB750, § 78;

Laws 2025, LB362, § 2.

The Nebraska Public Service Commission cannot require that switching charges be absorbed retroactively when the approved rate schedule for such switching did not require absorption. In re Formal Complaint of Nebco, Inc., 212 Neb. 804, 326 N.W.2d 167 (1982).

The Nebraska Public Service Commission cannot require that switching charges be absorbed retroactively when the approved rate schedule for such switching did not require absorption. In re Formal Complaint of Nebco, Inc., 212 Neb. 804, 326 N.W.2d 167 (1982).

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).

Railway Commission given quasi-judicial power hereunder to examine facts, determine questions of law, and determine issue of unjust discrimination in fares charged by common carriers. Allen v. Omaha Transit Co. Inc., 187 Neb. 156, 187 N.W.2d 760 (1971).

Railway Commission given quasi-judicial power hereunder to examine facts, determine questions of law, and determine issue of unjust discrimination in fares charged by common carriers. Allen v. Omaha Transit Co. Inc., 187 Neb. 156, 187 N.W.2d 760 (1971).

termine issue of unjust discrimination in fares charged by common carriers. Allen v. Omaha Transit Co. Inc., 187 Neb. 156, 187 N.W.2d 760 (1971).

Railway Commission given quasi-judicial power hereunder to examine facts, determine questions of law, and determine issue of unjust discrimination in fares charged by common carriers. Allen v. Omaha Transit Co. Inc., 187 Neb. 156, 187 N.W.2d 760 (1971).

There being substantial evidence in the record to sustain the State Railway Commission's finding of discrimination, its order fixing the joint line rates it did, appears to be reasonable and not arbitrarily made. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).

There being substantial evidence in the record to sustain the State Railway Commission's finding of discrimination, its order fixing the joint line rates it did, appears to be reasonable and not arbitrarily made. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).
Neb. Rev. Stat. § 75-328 — NE Code / Chapter 75 / Section 75-328
View Statute 75-328
Status: in_force

(1) In order to be used under sections 75-323 to 75-343 , a personal vehicle shall be in compliance with the Motor Vehicle Registration Act as required for a passenger car as defined in section 60-345 .

(2) A transportation network company or a certified mechanic shall perform an initial safety inspection on each personal vehicle prior to approving it for use as a personal vehicle. The inspection shall include inspection of at least the following components and such components shall be in good working order:

(a) Foot brakes;

(b) Parking or emergency brakes;

(c) Steering mechanism;

(d) Windshield;

(e) Rear window and other glass;

(f) Windshield wipers;

(g) Headlights;

(h) Taillights;

(i) Turn indicator lights;

(j) Stop lights;

(k) Front seat adjustment mechanism;

(l) The opening, closing, and locking capability of doors;

(m) Horn;

(n) Speedometer;

(o) Bumpers;

(p) Muffler and exhaust system;

(q) Tire conditions, including tread depth;

(r) Interior and exterior rear-view mirrors; and

(s) Safety belts for driver and passengers.

(3) Annually thereafter, a driver shall obtain such an inspection and approval of the driver's personal vehicle in order to continue its use as a personal vehicle. A driver shall maintain proof of the current inspection.

(4) A transportation network company shall make the initial and annual inspection reports available to the commission upon request.

Laws 2015, LB629, § 7.

Motor Vehicle Registration Act, see section 60-301 .
Neb. Rev. Stat. § 75-325 — NE Code / Chapter 75 / Section 75-325
View Statute 75-325
Status: in_force

(1) Every transportation network company shall:

(a) Provide the commission with its email address and customer service telephone number;

(b) Display for the passenger either a picture of the driver's personal vehicle and a picture of the driver or the license plate number of the driver's personal vehicle on the online-enabled application or platform that a transportation network company uses to connect drivers and passengers;

(c) Maintain an agent for service of process in Nebraska;

(d) Maintain accurate and up-to-date records of all drivers providing services on behalf of the transportation network company, including the vehicle identification number for all personal vehicles to be operated in connection with the transportation network company;

(e)(i) Implement, enforce, and maintain a zero-tolerance policy on the use of drugs or alcohol applicable to any driver providing service for the transportation network company that prohibits a driver from using any amount of drugs or alcohol while the driver is providing service, (ii) provide a copy of the policy to the commission promptly upon adoption, and (iii) provide a copy of any revision to the policy promptly upon adoption;

(f) Implement an anti-discrimination policy that prohibits discrimination by any driver providing service for the company on the basis of race, national origin, religion, gender, physical or mental disability, medical condition, marital status, age, or military or veteran status and file the policy with the commission;

(g) Maintain a website that provides a customer service telephone number or email address of the transportation network company and that provides the telephone number and email address of the commission;

(h) Establish a driver training program designed to ensure that each driver safely operates his or her personal vehicle prior to the driver being able to offer services on the transportation network company's online-enabled application or platform;

(i) Maintain records required under sections 75-301 to 75-343 to be collected by the transportation network company, including records regarding participating drivers; and

(j) Cooperate with the commission and any employees, investigators, or duly authorized agents of the commission in the investigation of complaints received by the commission from the public or in investigations initiated by the commission.

(2) A transportation network company shall not allow a driver to provide service if the company finds the driver to be in violation of its zero-tolerance policy required pursuant to subdivision (1)(e) of this section or if the driver has not successfully completed driver training pursuant to subdivision (1)(h) of this section. The transportation network company shall provide on its website and its online-enabled application or platform notice of the zero-tolerance policy and the procedures to report a complaint about a driver with whom the passenger was matched when the passenger reasonably suspects the driver was under the influence of drugs or alcohol during the course of the prearranged ride. Upon receiving a complaint, a transportation network company shall immediately suspend the driver against whom the complaint was issued and conduct an investigation of the alleged violation. The suspension shall last for the duration of the investigation.

(3) If the commission has reasonable cause to believe a transportation network company is not enforcing the zero-tolerance policy filed with the commission, the commission shall investigate and, after notice and hearing, may enter an order requiring the transportation network company to enforce such policy, which may include suspension of the participating driver.

Laws 2015, LB629, § 4;

Laws 2025, LB150, § 128.
Neb. Rev. Stat. § 75-910 — NE Code / Chapter 75 / Section 75-910
View Statute 75-910
Status: in_force

The commission may assess a civil penalty, pursuant to section 75-156 , against any person who violates the Grain Dealer Act.

Laws 2003, LB 735, § 6.
Neb. Rev. Stat. § 75-339 — NE Code / Chapter 75 / Section 75-339
View Statute 75-339
Status: in_force

Notwithstanding any other law, a personal automobile insurer may, at its discretion, offer an automobile insurance policy, or an amendment or endorsement to an existing policy, that covers a private passenger motor vehicle, station wagon type vehicle, sport utility vehicle, or similar type of motor vehicle with a passenger capacity of eight persons or less, including the driver, while used in connection with a transportation network company's online-enabled application or platform only if the policy expressly provides for the coverage during all or the defined portion of the time periods specified in sections 75-333 and 75-334 , with or without a separate charge, or the policy contains an amendment or an endorsement to provide that coverage, for which a separately stated premium may be charged. The policy, amendment, or endorsement may include, but not be limited to:

(1) Comprehensive physical damage coverage;

(2) Collision physical damage coverage;

(3) Liability coverage for bodily injury and property damage;

(4) Medical payments coverage; and

(5) Uninsured and underinsured motorist coverage.

Laws 2015, LB629, § 18.
Neb. Rev. Stat. § 75-121 — NE Code / Chapter 75 / Section 75-121
View Statute 75-121
Status: in_force

To prevent interstate rate wars and injury to any common carrier or other person or in case of any other emergency to be judged by the commission, the commission shall temporarily alter, amend, or suspend any existing rates in force in respect to any common carrier or fix any such rates if none exist. The order prescribing an emergency rate shall describe the emergency and may be entered and made effective immediately. Within five days after the effective date of such order, notice of the rate shall be given to the common carriers affected in accordance with the commission's rules for notice. If an affected common carrier or other interested person files a protest to the granting of such rate within fifteen days after notice has been given, the commission shall notify the rate applicant and the protestant, hold a hearing, and issue an order within thirty days after the expiration of the time to file a protest. Emergency rate orders shall be subject to the provisions of section 75-139 and subject to review as provided in section 75-136 .

Laws 1963, c. 425, art. I, § 21, p. 1362;

Laws 1967, c. 479, § 5, p. 1477;

Laws 1991, LB 732, § 129;

Laws 1994, LB 414, § 38;

Laws 2003, LB 187, § 16.
Neb. Rev. Stat. § 75-123 — NE Code / Chapter 75 / Section 75-123
View Statute 75-123
Status: in_force

The following criteria shall be among those considered by the commission in fixing, modifying, or annulling any rate:

(1) The lowest rates published or charged by any common carrier for substantially the same kind of service, whether in this state or another state, shall, when introduced into evidence, be accepted as prima facie evidence of a reasonable rate for the services inquired into; and

(2) If any common carrier involved in the proceedings operates outside of this state, the rate charged for substantially the same or greater service by it in the other state shall be considered in determining what is a reasonable rate.

Laws 1963, c. 425, art. I, § 23, p. 1362;

Laws 1994, LB 414, § 39.

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).

Where there is a differential in rates between shipping points and the circumstances appear to be substantially similar, the lowest rate published or charged will be prima facie evidence of a reasonable rate for the service under investigation. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).

Where there is a differential in rates between shipping points and the circumstances appear to be substantially similar, the lowest rate published or charged will be prima facie evidence of a reasonable rate for the service under investigation. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).

Prima facie evidence of reasonable rates may consist of the lowest rates published by any common carrier for the same kind of service. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).

Prima facie evidence of reasonable rates may consist of the lowest rates published by any common carrier for the same kind of service. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
Neb. Rev. Stat. § 75-304.03 — NE Code / Chapter 75 / Section 75-304.03
View Statute 75-304.03
Status: in_force

(1) Beginning July 1, 2021, any mover of household goods operating in this state and engaged in the intrastate transportation for hire of household goods shall apply to the commission for a license prior to transporting household goods 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 applicable sections 75-301 to 75-322 and the rules and regulations of the commission adopted and promulgated under such sections. 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 applicable sections 75-101 to 75-801 , any rule or regulation adopted and promulgated under such sections, 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, § 8.
Neb. Rev. Stat. § 75-907.01 — NE Code / Chapter 75 / Section 75-907.01
View Statute 75-907.01
Status: in_force

The property, books, records, accounts, papers, and proceedings of every grain dealer shall, at all times during business hours, be subject to inspection by the commission.

Laws 1987, LB 507, § 6.
Neb. Rev. Stat. § 75-718 — NE Code / Chapter 75 / Section 75-718
View Statute 75-718
Status: in_force

If a transmission, telephone, or telegraph carrier proposes to construct a line under the provisions of sections 75-709 to 75-724 on a highway both sides of which are occupied by telephone and telegraph lines or transmission lines, the commission shall order one side of the highway vacated, shall designate the side to be vacated, and shall assess the expense thereof to the parties interested in such proportions as in its judgment would best protect the rights of all parties interested and those of the general public.

Laws 1963, c. 425, art. VII, § 18, p. 1426;

Laws 1994, LB 414, § 129.
Neb. Rev. Stat. § 75-303.02 — NE Code / Chapter 75 / Section 75-303.02
View Statute 75-303.02
Status: in_force

(1) The Department of Health and Human Services or any agency organized under the Nebraska Community Aging Services Act may contract for the transportation of clients with a contractor which does not hold a certificate or which is not otherwise exempt under section 75-303 only if:

(a) The proposed contractor is the individual who will personally drive the vehicle in question;

(b) The only compensation to the contractor for the transportation is paid by the department at a rate no greater than that provided for reimbursement of state employees pursuant to section 81-1176 for the costs incurred in the transportation; and

(c)(i) There is no regulated motor carrier serving the area in which the client needs transportation, (ii) the regulated motor carrier serving the area is incapable of providing the specific service in question by its own written statement or as determined by the commission upon application of the regulated motor carrier or the department, or (iii) the regulated carrier cannot or will not provide such service at the rate specified in subsection (2) of section 75-303.03 .

(2) This section does not apply to a regulated motor carrier holding a designation of authority issued pursuant to subsection (3) of section 75-311 .

Laws 1993, LB 412, § 5;

Laws 1995, LB 424, § 25;

Laws 1996, LB 1044, § 792;

Laws 1999, LB 594, § 69;

Laws 2007, LB296, § 698;

Laws 2017, LB263, § 83.

Nebraska Community Aging Services Act, see section 81-2201 .
Neb. Rev. Stat. § 86-137 — NE Code / Chapter 75 / Section 86-137
86-137
Status: in_force

After the commission has lawfully granted an application pursuant to section 86-136 , the telecommunications company ordered to provide the advanced telecommunications capability service shall be issued a certificate of convenience and necessity to serve that area added to its local exchange area by the commission, if necessary. The commission shall set the date when the service granted shall take effect and, in doing so, shall take into consideration any construction or major repair which will be required of the telecommunications company involved.

Laws 1969, c. 601, § 3, p. 2458;

Laws 1994, LB 414, § 110;

R.S.1943, (1996), § 75-614;

Laws 2002, LB 1105, § 36;

Laws 2012, LB715, § 6.
Neb. Rev. Stat. § 75-316 — NE Code / Chapter 75 / Section 75-316
View Statute 75-316
Status: in_force

Except for circumstances beyond the control of the regulated motor carrier, such as strikes against such carrier, acts of God, and the common enemy, service under a certificate of public convenience and necessity or a permit shall not be suspended without first obtaining approval of the commission. Nothing in sections 75-101 to 75-801 shall prevent the holder of a certificate or permit from requesting revocation of such certificate or permit as provided for in section 75-315 .

Laws 1963, c. 425, art. III, § 16, p. 1383;

Laws 1995, LB 424, § 41.
Neb. Rev. Stat. § 86-133 — NE Code / Chapter 75 / Section 86-133
86-133
Status: in_force

An existing telephone exchange or central office shall not be abandoned or removed to another city or village except by the written consent of at least sixty percent of the subscribers who had rental service contracts with the telecommunications company which seeks to change service six months before an application to change telecommunications service is filed with the commission. The commission shall hold a hearing and issue an order before the change is effected.

Laws 1963, c. 425, art. VI, § 11, p. 1421;

Laws 1994, LB 414, § 107;

R.S.1943, (1996), § 75-611;

Laws 2002, LB 1105, § 32.
Neb. Rev. Stat. § 75-116 — NE Code / Chapter 75 / Section 75-116
View Statute 75-116
Status: in_force

Each regulated motor carrier as defined in section 75-302 or common carrier required to furnish an annual report with a federal regulatory agency shall file a copy of the report with the commission on or before the date on which such report is filed with such agency. Each such carrier not required to file an annual report with a federal regulatory agency may be required to file an annual report with the commission in the form prescribed by the commission on or before April 30 of each year. Each carrier which files an annual report or a copy of an annual report under this section shall submit a fee of twenty-five dollars with the filing. The commission shall remit the fees received to the State Treasurer for credit to the General Fund.

Laws 1963, c. 425, art. I, § 16, p. 1359;

Laws 1965, c. 447, § 1, p. 1419;

Laws 1989, LB 78, § 6;

Laws 1994, LB 414, § 35;

Laws 1995, LB 424, § 8;

Laws 1996, LB 1218, § 40;

Laws 2003, LB 187, § 14.

A failure through oversight to file an annual report required by this section would not justify a revocation of authority. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

A failure through oversight to file an annual report required by this section would not justify a revocation of authority. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
Neb. Rev. Stat. § 75-336 — NE Code / Chapter 75 / Section 75-336
View Statute 75-336
Status: in_force

(1) Sections 75-323 to 75-343 shall not limit the liability of a transportation network company arising out of an automobile accident involving a participating driver in any action for damages against a transportation network company for an amount above the required insurance coverage.

(2) In the event of a loss involving a personal vehicle used in connection with a transportation network company and if such personal vehicle is subject to a lien, the transportation network company insurance carrier shall make payment for a claim covered under collision physical damage coverage or comprehensive physical damage coverage directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.

Laws 2015, LB629, § 15.
Neb. Rev. Stat. § 75-303.01 — NE Code / Chapter 75 / Section 75-303.01
View Statute 75-303.01
Status: in_force

(1) The Department of Health and Human Services, a medicaid-managed care organization under contract with the department, or another agent working on the department's behalf may contract for nonemergency medical transportation for medicaid clients with a regulated motor carrier holding a designation of authority issued pursuant to subsection (3) of section 75-311 to provide medicaid nonemergency medical transportation services or that has been authorized to provide such services by the commission prior to April 28, 2017.

(2) While operating under a designation of authority issued pursuant to subsection (3) of section 75-311 , a regulated motor carrier shall comply with (a) the requirements of the Department of Health and Human Services to protect the safety and well-being of department clients, including training, driver standards, background checks, and the provision and quality of service and (b) the rules and regulations adopted, promulgated, and enforced by the commission governing insurance requirements, equipment standards, and background checks.

Laws 1993, LB 412, § 4;

Laws 1995, LB 424, § 24;

Laws 1996, LB 1044, § 791;

Laws 1999, LB 594, § 68;

Laws 2007, LB296, § 697;

Laws 2017, LB263, § 82.
Neb. Rev. Stat. § 75-342 — NE Code / Chapter 75 / Section 75-342
View Statute 75-342
Status: in_force

No transportation network company or participating driver shall provide transportation for any person under contract with the Department of Health and Human Services or any contractors of the Department of Health and Human Services without specific authorization from the commission. The commission shall grant specific authorization to a requesting transportation network company or participating driver, unless a protestant shows that (1) existing carriers are currently meeting, or will meet, the proposed need for the proposed service and (2) that even if the applicant's service will be responsive to a public demand or need, that applicant would not be able to serve this need in a specified manner without endangering or impairing the operations of existing carriers contrary to the public interest.

Laws 2015, LB629, § 21;

Laws 2025, LB311, § 15.
Neb. Rev. Stat. § 74-1331 — NE Code / Chapter 75 / Section 74-1331
74-1331
Status: in_force

Any person who operates a railroad in the State of Nebraska shall construct all bridges on its railway so that each bridge over a running stream in this state has an opening below high water line the area of which is sufficient to allow the free and unobstructed passage of the water of such running stream at extreme high water state. If in the case of any given bridge satisfactory proof is made to the Department of Transportation that the dimensions prescribed in this section are greater than are necessary to permit the unimpeded passage of the water under such bridge at high water, the department may authorize construction of the bridge with dimensions less than those prescribed in this section. Each railroad shall maintain and keep in good repair all bridges and abutments which the railroad constructs to enable its tracks to pass over or under any turnpike, road, canal, watercourse, or other way. Any operator of a railroad in this state who violates any of the provisions of this section or who permits any such violation on the part of any employee shall be guilty of a Class III misdemeanor.

Laws 1963, c. 425, art. IV, § 27, p. 1408;

Laws 1994, LB 414, § 93;

R.S.1943, (1996), § 75-427;

Laws 1997, LB 255, § 3;

Laws 2017, LB339, § 255.
Neb. Rev. Stat. § 75-110 — NE Code / Chapter 75 / Section 75-110
View Statute 75-110
Status: in_force

(1) The Public Service Commission shall adopt and promulgate rules and regulations for the government of its proceedings, including rules of procedure for notice and hearing. The commission shall adopt and promulgate rules and regulations which the commission deems necessary to regulate persons within the commission's jurisdiction. The commission shall not take any action affecting persons subject to the commission's jurisdiction unless such action is taken pursuant to a rule, regulation, or statute.

(2) For purposes of granting or denying a petition for intervention, the commission shall be exempt from section 84-912.02 .

Laws 1963, c. 425, art. I, § 10, p. 1357;

Laws 1967, c. 479, § 1, p. 1475;

Laws 1993, LB 413, § 2;

Laws 1994, LB 414, § 32;

Laws 1996, LB 1218, § 37;

Laws 2017, LB263, § 80.

For other provisions for adopting rules and regulations, see Chapter 84, article 9.

The Public Service Commission has authority to take actions affecting parties subject to its jurisdiction if such action is taken pursuant to a statute. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).

The Public Service Commission has authority to take actions affecting parties subject to its jurisdiction if such action is taken pursuant to a statute. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).

This section does not require the Public Service Commission to engage in rulemaking when defining terms in a federal statute unless the Public Service Commission first considers that such action is necessary. In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002).

This section does not require the Public Service Commission to engage in rulemaking when defining terms in a federal statute unless the Public Service Commission first considers that such action is necessary. In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002).

This section requires the Public Service Commission to promulgate rules only for the government of its proceedings, including rules of procedure for notice and hearing and rules which the commission considers necessary to regulate persons within its jurisdiction. In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002).

This section requires the Public Service Commission to promulgate rules only for the government of its proceedings, including rules of procedure for notice and hearing and rules which the commission considers necessary to regulate persons within its jurisdiction. In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002).

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).

A rate order is not a rule. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).

A rate order is not a rule. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
Neb. Rev. Stat. § 75-141 — NE Code / Chapter 75 / Section 75-141
View Statute 75-141
Status: in_force

Whenever any petition authorized by section 75-140 is filed or is prosecuted by the commission or by its direction, the Attorney General shall prosecute the petition at the request of the commission, and the costs and expenses on the part of the commission of any such prosecution shall be paid out of the appropriations for the expenses of the commission.

Laws 1963, c. 425, art. I, § 41, p. 1370;

Laws 1993, LB 42, § 14;

Laws 1994, LB 414, § 54.
Neb. Rev. Stat. § 75-1101 — NE Code / Chapter 75 / Section 75-1101
View Statute 75-1101
Status: in_force

(1) For purposes of this section, 211 Information and Referral Network means a statewide information and referral network providing information to the public regarding disaster and emergency response and health and human services provided by public and private entities throughout the state.

(2) The Public Service Commission shall award a grant annually to a 211 Information and Referral Network which submits an application and meets the requirements of this section.

(3) To be eligible for a grant, the 211 Information and Referral Network shall update the information and referral services on the network at least annually, shall geographically index the services to provide information on a county-by-county basis, and shall be accredited as meeting the standards for service delivery and quality by the Alliance of Information and Referral Systems or a similar organization approved by the commission.

(4) The grant may be used to establish a website which includes links to providers of health and human services, the name, address, and telephone number of any organization listed on the website, a description of the type of services provided by the organization, and other information to educate the public about the health and human services available on a geographic basis. The grant may also be used to provide access to the network twenty-four hours per day, seven days per week, through telephone access and website access.

(5) There is hereby created the 211 Cash Fund. The fund shall be used solely for the purpose of providing grants pursuant to this section and associated administrative costs, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. All money received by the Public Service Commission for such grants shall be remitted to the State Treasurer for credit to the 211 Cash Fund. 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 2019, LB641, § 1;

Laws 2022, LB1012, § 12;

Laws 2024, LB607, § 1;

Laws 2025, LB264, § 158.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .
Neb. Rev. Stat. § 75-101.02 — NE Code / Chapter 75 / Section 75-101.02
View Statute 75-101.02
Status: in_force

For purposes of section 75-101.01 , the Legislature adopts the official population figures and maps from the 2020 Census Redistricting (Public Law 94-171) TIGER/Line Shapefiles published by the United States Department of Commerce, Bureau of the Census.

Laws 1971, LB 955, § 2;

Laws 1981, LB 551, § 2;

R.S.1943, (1987), § 5-107.01;

Laws 1991, LB 618, § 2;

Laws 2001, LB 855, § 3;

Laws 2011, LB700, § 2;

Laws 2021, First Spec. Sess., LB5, § 2.
Neb. Rev. Stat. § 75-706 — NE Code / Chapter 75 / Section 75-706
View Statute 75-706
Status: in_force

If any wire crosses over railroad track, in no case shall the commission prescribe a less clearance than twenty-five feet above the rails under the most unfavorable conditions of temperature and loading for all wires except electric wires for trolley cars, and such wires shall not be placed at a height of less than twenty-two feet from the top of the rails.

Laws 1963, c. 425, art. VII, § 6, p. 1423;

Laws 1994, LB 414, § 118.
Neb. Rev. Stat. § 75-426 — NE Code / Chapter 75 / Section 75-426
View Statute 75-426
Status: in_force

Upon the occurrence of any serious personal injury or loss of life to persons other than railroad employees resulting from an accident at a railroad crossing or from an accident involving an explosion, fire, or release of noxious fumes occurring upon any railroad within the State of Nebraska, the corporation which operates the railroad upon which the accident occurred shall report such accident in writing or by telephone to the commission within twenty-four hours of the time such accident occurred. The commission shall promptly investigate any such accident and a report shall be made a part of the commission's official files. The corporation which operates the railroad shall also furnish to the commission a copy of the same report that it is required to furnish to the Federal Railroad Administration. Neither of such reports shall be evidence or referred to in any case in any court. Any railroad carrier violating any of the provisions of this section shall be guilty of a Class IV misdemeanor.

Laws 1963, c. 425, art. IV, § 26, p. 1408;

Laws 1980, LB 203, § 1.
Neb. Rev. Stat. § 75-429 — NE Code / Chapter 75 / Section 75-429
View Statute 75-429
Status: in_force

Each operator of any railroad in this state shall equip with proper lights all switch stands to each switch leading from all main tracks of such road on which trains are generally operated at night except lines fully equipped with automatic block signals. Lights or other signals may be ordered by the commission to be installed on switch stands to other switches, including crossover switches and lead track switches in yards adjacent to main tracks, when they are found reasonably necessary to safe operation after hearing held upon complaint or upon the commission's own motion. The lights upon such switch stands shall be in good condition constantly and shall be lighted and kept burning between sundown and sunrise and at such other times when, by reason of excessively foggy weather, the condition of such lights or signals would render operations unsafe both for the employees of such railroad and for the general public. Signals with reflex lenses may be substituted for lighted lamps under regulations prescribed by the commission and subject to the jurisdiction of the commission to order the removal of them, after complaint and hearing, if the signals with reflex lenses are found to be unsafe.

Any operator of a railroad in this state who violates any of the provisions of this section or who permits any such violation on the part of any employee shall be guilty of a Class V misdemeanor.

Laws 1963, c. 425, art. IV, § 29, p. 1410;

Laws 1977, LB 39, § 203;

Laws 1994, LB 414, § 95.
Neb. Rev. Stat. § 75-709 — NE Code / Chapter 75 / Section 75-709
View Statute 75-709
Status: in_force

All lines constructed for the transmission of electric current, including telephone and telegraph lines, on the public highways or in other places in this state, except as provided in section 75-724 , shall provide sufficient clearance between such lines and existing properly constructed transmission, telephone, and telegraph lines so that they do not interfere with the reasonable safety, operation, and efficiency of existing lines.

Laws 1963, c. 425, art. VII, § 9, p. 1423;

Laws 1994, LB 414, § 121.
Neb. Rev. Stat. § 75-311 — NE Code / Chapter 75 / Section 75-311
View Statute 75-311
Status: in_force

(1)(a) A certificate shall be issued to any qualified applicant authorizing the whole or any part of the operations covered by the application if it is found after notice and hearing that (i) the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of sections 75-301 to 75-322 and the requirements, rules, and regulations of the commission under such sections and (ii) the proposed service, to the extent to be authorized by the certificate, whether regular or irregular, is or will be required by the present or future public convenience and necessity. Otherwise the application shall be denied.

(b) The burden shall be on the applicant to show (i) that they are fit, willing, and able properly to perform the service proposed and to conform to the provisions of sections 75-301 to 75-322 and the requirements, rules, and regulations of the commission and (ii) that the proposed service will be responsive to a public demand or need.

(c) The burden shall be on any protestant to the application to show that (i) existing carriers are currently meeting, or will meet, the proposed need and (ii) that even if the applicant's service will be responsive to a public demand or need, that applicant would not be able to serve this need in a specified manner without endangering or impairing the operations of existing carriers contrary to the public interest.

(2)(a) A permit shall be issued to any qualified applicant therefor authorizing in whole or in part the operations covered by the application if it appears after notice and hearing from the application or from any hearing held on the application that (i) the applicant is fit, willing, and able properly to perform the service of a contract carrier by motor vehicle and to conform to the provisions of such sections and the lawful requirements, rules, and regulations of the commission under such sections and (ii) the proposed operation, to the extent authorized by the permit, will be consistent with the public interest by providing services designed to meet the distinct needs of each individual customer or a specifically designated class of customers as defined in subdivision (7) of section 75-302 . Otherwise the application shall be denied.

(b) For a designation of authority to provide medicaid nonemergency medical transportation services pursuant to a contract with (i) the Department of Health and Human Services, (ii) a medicaid-managed care organization under contract with the department, or (iii) another agent working on the department's behalf as provided under section 75-303.01 , in determining whether the authorization will be consistent with the public interest, the commission shall consult with the Director of Medicaid and Long-Term Care of the Division of Medicaid and Long-Term Care of the department or his or her designee.

(3)(a) A designation of authority shall be issued to any regulated motor carrier holding a certificate under subsection (1) of this section or a permit under subsection (2) of this section authorizing such carrier to provide medicaid nonemergency medical transportation services pursuant to a contract with (i) the Department of Health and Human Services, (ii) a medicaid-managed care organization under contract with the department, or (iii) another agent working on the department's behalf as provided under section 75-303.01 , if it is found after notice and hearing from the application or from any hearing held on the application that the authorization is or will be required by the present or future convenience and necessity to serve the distinct needs of medicaid clients.

care organization under contract with the department, or (iii) another agent working on the department's behalf as provided under section 75-303.01 , if it is found after notice and hearing from the application or from any hearing held on the application that the authorization is or will be required by the present or future convenience and necessity to serve the distinct needs of medicaid clients.

(b) The burden shall be on the applicant to show that the proposed service will be responsive to a public demand or need. The burden shall be on any protestant to the application to show that (i) existing carriers are currently meeting, or will meet, the proposed need and (ii) that even if the applicant's service will be responsive to a public demand or need, that applicant would not be able to serve this need in a specified manner without endangering or impairing the operations of existing carriers contrary to the public interest.

(c) In determining whether the authorization is or will be required by the present or future convenience and necessity to serve the distinct needs of medicaid clients, the commission shall consult with the Director of Medicaid and Long-Term Care of the Division of Medicaid and Long-Term Care of the department or his or her designee.

(4) This section shall not apply to transportation network companies holding a permit under section 75-324 or operations pursuant to a contract authorized by sections 75-303.02 and 75-303.03 .

Laws 1963, c. 425, art. III, § 11, p. 1381;

Laws 1969, c. 606, § 6, p. 2471;

Laws 1972, LB 1370, § 2;

Laws 1974, LB 438, § 2;

Laws 1989, LB 78, § 25;

Laws 1990, LB 980, § 27;

Laws 1993, LB 412, § 10;

Laws 1994, LB 414, § 74;

Laws 1995, LB 424, § 38;

Laws 1996, LB 1218, § 50;

Laws 2011, LB112, § 3;

Laws 2015, LB629, § 30;

Laws 2017, LB263, § 87;

Laws 2020, LB461, § 12;

Laws 2025, LB311, § 14.

1. Public convenience and necessity

1. Public convenience and necessity

2. Authority of commission

2. Authority of commission

3. Burden of proof

3. Burden of proof

1. Public convenience and necessity

1. Public convenience and necessity

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 determining public convenience and necessity, the deciding factors are (1) whether the operation will serve a useful purpose responsive to a public demand or need, (2) whether this purpose can or will be served as well by existing carriers, and (3) whether it can be served by the applicant in a specified manner without endangering or impairing the operations of existing carriers contrary to the public interest. An applicant who has been operating under color of authority need not make the same showing that an applicant who has never operated must make, and there is a presumption that the proposed service is or will be required by the present or future public convenience and necessity. When an applicant has been illegally conducting business for a sufficient period of time under a mistaken belief that its operations were legal, the color of right principles of law apply. However, if the applicant knew that its operations were illegal, then the color of right principles do not apply. In re Application of Nebraskaland Leasing & Assocs., 254 Neb. 583, 578 N.W.2d 28 (1998).

cessity. When an applicant has been illegally conducting business for a sufficient period of time under a mistaken belief that its operations were legal, the color of right principles of law apply. However, if the applicant knew that its operations were illegal, then the color of right principles do not apply. 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 determining public convenience and necessity, the deciding factors are (1) whether the operation will serve a useful purpose responsive to a public demand or need, (2) whether this purpose can or will be served as well by existing carriers, and (3) whether it can be served by the applicant in a specified manner without endangering or impairing the operations of existing carriers contrary to the public interest. An applicant who has been operating under color of authority need not make the same showing that an applicant who has never operated must make, and there is a presumption that the proposed service is or will be required by the present or future public convenience and necessity. When an applicant has been illegally conducting business for a sufficient period of time under a mistaken belief that its operations were legal, the color of right principles of law apply. However, if the applicant knew that its operations were illegal, then the color of right principles do not apply. In re Application of Nebraskaland Leasing & Assocs., 254 Neb. 583, 578 N.W.2d 28 (1998).

Public Service Commission's finding that applicant's continuing service after three warnings of illegal operation establishes applicant unfit to hold certificate of convenience and necessity was not arbitrary and capricious action. In re Application of A Touch of Class Limousine, 243 Neb. 33, 497 N.W.2d 71 (1993).

Public Service Commission's finding that applicant's continuing service after three warnings of illegal operation establishes applicant unfit to hold certificate of convenience and necessity was not arbitrary and capricious action. In re Application of A Touch of Class Limousine, 243 Neb. 33, 497 N.W.2d 71 (1993).

The existence of an adequate and satisfactory service by motor carriers already in the area is complete negation of public need and demand for added service by another carrier. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991).

The existence of an adequate and satisfactory service by motor carriers already in the area is complete negation of public need and demand for added service by another carrier. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991).

To comply with this section, the applicant must prove, in part, that the applicant is fit financially. In re Application of Overland Armored Exp., 229 Neb. 524, 428 N.W.2d 166 (1988).

To comply with this section, the applicant must prove, in part, that the applicant is fit financially. In re Application of Overland Armored Exp., 229 Neb. 524, 428 N.W.2d 166 (1988).

Public demand or need, which an applicant must prove to obtain a certificate from the Public Service Commission, is a present actual need or a need which will likely occur within the reasonably immediate or foreseeable future. In re Application of Renzenberger, Inc., 225 Neb. 30, 402 N.W.2d 294 (1987).

Public demand or need, which an applicant must prove to obtain a certificate from the Public Service Commission, is a present actual need or a need which will likely occur within the reasonably immediate or foreseeable future. In re Application of Renzenberger, Inc., 225 Neb. 30, 402 N.W.2d 294 (1987).

oreseeable future. In re Application of Renzenberger, Inc., 225 Neb. 30, 402 N.W.2d 294 (1987).

Public demand or need, which an applicant must prove to obtain a certificate from the Public Service Commission, is a present actual need or a need which will likely occur within the reasonably immediate or foreseeable future. In re Application of Renzenberger, Inc., 225 Neb. 30, 402 N.W.2d 294 (1987).

Public Service Commission's order granting certificate of public convenience and necessity was arbitrary and capricious; applicant had not met its burden of proof. In re Application of Red Carpet Limo. Serv., Inc., 221 Neb. 340, 377 N.W.2d 91 (1985).

Public Service Commission's order granting certificate of public convenience and necessity was arbitrary and capricious; applicant had not met its burden of proof. In re Application of Red Carpet Limo. Serv., Inc., 221 Neb. 340, 377 N.W.2d 91 (1985).

In determining the issue of public convenience and necessity, controlling questions are whether the operation will serve a useful purpose responsive to a public demand or need; whether this purpose can or will be served as well by existing carriers; and whether it can be served by applicant in a specified manner without endangering or impairing the operations of existing carriers, contrary to public interest. In re Application of Nebraska Transport Co., Inc., 210 Neb. 269, 313 N.W.2d 686 (1981).

In determining the issue of public convenience and necessity, controlling questions are whether the operation will serve a useful purpose responsive to a public demand or need; whether this purpose can or will be served as well by existing carriers; and whether it can be served by applicant in a specified manner without endangering or impairing the operations of existing carriers, contrary to public interest. In re Application of Nebraska Transport Co., Inc., 210 Neb. 269, 313 N.W.2d 686 (1981).

Under this section, a certificate shall be issued to any qualified applicant, authorizing the whole or any part of the operations covered by the application, if it is found after notice and hearing that the applicant is fit, willing, and able properly to perform the service proposed, and to conform to the rules and regulations of the Nebraska Public Service Commission and that the proposed service is or will be required by the present or future public convenience and necessity. Gentry Real Estate Co. v. King's Limousine Service, Inc., 201 Neb. 761, 272 N.W.2d 359 (1978).

Under this section, a certificate shall be issued to any qualified applicant, authorizing the whole or any part of the operations covered by the application, if it is found after notice and hearing that the applicant is fit, willing, and able properly to perform the service proposed, and to conform to the rules and regulations of the Nebraska Public Service Commission and that the proposed service is or will be required by the present or future public convenience and necessity. Gentry Real Estate Co. v. King's Limousine Service, Inc., 201 Neb. 761, 272 N.W.2d 359 (1978).

Applicant for a certificate of public convenience and necessity who has been operating under color of authority enjoys a presumption that the proposed service applied for is or will be required by present or future public convenience and necessity. Dilts Trucking, Inc. v. Peake, Inc., 197 Neb. 459, 249 N.W.2d 732 (1977).

Applicant for a certificate of public convenience and necessity who has been operating under color of authority enjoys a presumption that the proposed service applied for is or will be required by present or future public convenience and necessity. Dilts Trucking, Inc. v. Peake, Inc., 197 Neb. 459, 249 N.W.2d 732 (1977).

y. Dilts Trucking, Inc. v. Peake, Inc., 197 Neb. 459, 249 N.W.2d 732 (1977).

Applicant for a certificate of public convenience and necessity who has been operating under color of authority enjoys a presumption that the proposed service applied for is or will be required by present or future public convenience and necessity. Dilts Trucking, Inc. v. Peake, Inc., 197 Neb. 459, 249 N.W.2d 732 (1977).

There must be finding that applicant is fit, willing, and able to perform the proposed service, and that the service offered is or will be required by public convenience and necessity in granting a certificate therefor. Robinson v. National Trailer Convoy, Inc., 188 Neb. 474, 197 N.W.2d 633 (1972).

There must be finding that applicant is fit, willing, and able to perform the proposed service, and that the service offered is or will be required by public convenience and necessity in granting a certificate therefor. Robinson v. National Trailer Convoy, Inc., 188 Neb. 474, 197 N.W.2d 633 (1972).

Finding that proposed operation of a contract carrier will be consistent with public interest is necessary for issuance of permit. This means that the service must not conflict with the legislative policy of the state in dealing with transportation by motor vehicles. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 186 Neb. 261, 182 N.W.2d 648 (1971).

Finding that proposed operation of a contract carrier will be consistent with public interest is necessary for issuance of permit. This means that the service must not conflict with the legislative policy of the state in dealing with transportation by motor vehicles. Wells Fargo Armored Service Corp. v. Bankers Dispatch Corp., 186 Neb. 261, 182 N.W.2d 648 (1971).

Conditions to be shown by applicant for contract carrier permit stated; consistent with the public interest distinguished from public convenience and necessity. Samardick of Grand Island-Hastings, Inc. v. B.D.C. Corp., 183 Neb. 229, 159 N.W.2d 310 (1968).

Conditions to be shown by applicant for contract carrier permit stated; consistent with the public interest distinguished from public convenience and necessity. Samardick of Grand Island-Hastings, Inc. v. B.D.C. Corp., 183 Neb. 229, 159 N.W.2d 310 (1968).

2. Authority of commission

2. Authority of commission

The determination of what is consistent with public convenience and necessity is for the Public Service Commission and if there is evidence to sustain such determination the Supreme Court cannot intervene. Hopken v. Building Movers, Inc., 197 Neb. 195, 247 N.W.2d 633 (1976); Groenewold v. Building Movers, Inc., 197 Neb. 187, 247 N.W.2d 629 (1976).

The determination of what is consistent with public convenience and necessity is for the Public Service Commission and if there is evidence to sustain such determination the Supreme Court cannot intervene. Hopken v. Building Movers, Inc., 197 Neb. 195, 247 N.W.2d 633 (1976); Groenewold v. Building Movers, Inc., 197 Neb. 187, 247 N.W.2d 629 (1976).

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).

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).

3. Burden of proof

3. Burden of proof

Statement by Public Service Commission that it is inconsistent with the public interest to grant a contract carrier permit when existing common carriers can adequately serve the shipper improperly exhibited a preference for common carriers over contract carriage. Upon proof by an applicant for contract carrier authority that the proposed service is specialized and tailored to the customer's distinct needs, the burden shifts to protesting common carriers to show they can provide the same specialized service; thus the Public Service Commission erred in requiring an applicant for a contract carrier permit to establish the inability of existing common carriers to provide the same specialized service it proposed to provide. In re Application of Northland Transp., 239 Neb. 918, 479 N.W.2d 764 (1992).

Statement by Public Service Commission that it is inconsistent with the public interest to grant a contract carrier permit when existing common carriers can adequately serve the shipper improperly exhibited a preference for common carriers over contract carriage. Upon proof by an applicant for contract carrier authority that the proposed service is specialized and tailored to the customer's distinct needs, the burden shifts to protesting common carriers to show they can provide the same specialized service; thus the Public Service Commission erred in requiring an applicant for a contract carrier permit to establish the inability of existing common carriers to provide the same specialized service it proposed to provide. In re Application of Northland Transp., 239 Neb. 918, 479 N.W.2d 764 (1992).

The applicant has the burden to establish that its proposed service is specialized and fits the needs of the proposed contracting shipper or shippers; that it is fit, willing, and able to perform the service; and that the proposed operation will be consistent with the public interest. If the service proposed by the applicant can be performed as well by common carriers, the application should be denied because a need for a contract carrier has not been established. The Public Service Commission must weigh the special requirements of the shipper against the adequacy of the existing common carrier service. In re Application of Slack, 234 Neb. 704, 452 N.W.2d 538 (1990).

The applicant has the burden to establish that its proposed service is specialized and fits the needs of the proposed contracting shipper or shippers; that it is fit, willing, and able to perform the service; and that the proposed operation will be consistent with the public interest. If the service proposed by the applicant can be performed as well by common carriers, the application should be denied because a need for a contract carrier has not been established. The Public Service Commission must weigh the special requirements of the shipper against the adequacy of the existing common carrier service. In re Application of Slack, 234 Neb. 704, 452 N.W.2d 538 (1990).

interest. If the service proposed by the applicant can be performed as well by common carriers, the application should be denied because a need for a contract carrier has not been established. The Public Service Commission must weigh the special requirements of the shipper against the adequacy of the existing common carrier service. In re Application of Slack, 234 Neb. 704, 452 N.W.2d 538 (1990).

The burden is on the applicant to show that the extension of its present authority is required by the public convenience and necessity. Controlling questions in determining the issue of public convenience and necessity stated. In re Application of Petroleum Transport Service, Inc., 210 Neb. 411, 315 N.W.2d 245 (1982).

The burden is on the applicant to show that the extension of its present authority is required by the public convenience and necessity. Controlling questions in determining the issue of public convenience and necessity stated. In re Application of Petroleum Transport Service, Inc., 210 Neb. 411, 315 N.W.2d 245 (1982).

Burden is on the applicant for a certificate of public convenience and necessity to show he has met all the requirements of this section. In re Application of Greyhound Lines, Inc., 209 Neb. 430, 308 N.W.2d 336 (1981).

Burden is on the applicant for a certificate of public convenience and necessity to show he has met all the requirements of this section. In re Application of Greyhound Lines, Inc., 209 Neb. 430, 308 N.W.2d 336 (1981).

A certificate of public convenience and necessity may be issued only when required by the present or future public convenience and necessity and applicant has burden of proof. Ruan Transp. Corp. v. Herman Bros., Inc., 192 Neb. 343, 220 N.W.2d 245 (1974).

A certificate of public convenience and necessity may be issued only when required by the present or future public convenience and necessity and applicant has burden of proof. Ruan Transp. Corp. v. Herman Bros., Inc., 192 Neb. 343, 220 N.W.2d 245 (1974).

Burden rested upon applicant for change of route to show change was required by public convenience and necessity. Parsons v. Nebraska State Railway Commission, 181 Neb. 185, 147 N.W.2d 521 (1966).

Burden rested upon applicant for change of route to show change was required by public convenience and necessity. Parsons v. Nebraska State Railway Commission, 181 Neb. 185, 147 N.W.2d 521 (1966).

Burden of proof is upon the applicant in order to obtain a certificate of public convenience and necessity. Simmerman v. National Trailer Convoy, Inc., 179 Neb. 400, 138 N.W.2d 481 (1965).

Burden of proof is upon the applicant in order to obtain a certificate of public convenience and necessity. Simmerman v. National Trailer Convoy, Inc., 179 Neb. 400, 138 N.W.2d 481 (1965).
Neb. Rev. Stat. § 75-1001 — NE Code / Chapter 75 / Section 75-1001
View Statute 75-1001
Status: in_force

Sections 75-1001 to 75-1012 shall be known and may be cited as the Water Service Regulation Act.

Laws 1994, LB 1002, § 1.
Neb. Rev. Stat. § 75-143 — NE Code / Chapter 75 / Section 75-143
View Statute 75-143
Status: in_force

The commission and any person interested in the court's decision may appeal to the Court of Appeals under the rules provided by law as to security for an appeal to the Court of Appeals, except that in no case shall security for an appeal be required when the appeal is taken by the commission. An appeal to the Court of Appeals shall not operate to stay or supersede the order of the court or the issuance of execution thereon, and the court may in every such matter order the payment of such costs and attorney's fees as it deems reasonable.

Laws 1963, c. 425, art. I, § 43, p. 1370;

Laws 1991, LB 732, § 136;

Laws 1994, LB 414, § 56.
Neb. Rev. Stat. § 75-309.01 — NE Code / Chapter 75 / Section 75-309.01
View Statute 75-309.01
Status: in_force

Each motor vehicle owned, used, or attempted to be used by any person as a common or contract carrier to transport passengers for hire in violation of section 75-309 is declared to be a public nuisance and subject to seizure and confiscation by any person charged with the enforcement of this section. Any motor vehicle which is owned, used, or attempted to be used by any person as a common or contract carrier to transport passengers for hire in violation of section 75-309 may be seized upon the arrest of the person who uses or owns the motor vehicle, and upon the conviction of the person for the violation of such section, the motor vehicle shall, as a part of the element of the violation, at the discretion of the court, be forfeited to the state and delivered to the commission to be disposed of as provided by law. The sale shall be subject to any liens of record. The commission shall remit the proceeds of the sale to the State Treasurer for credit to the permanent school fund.

Laws 1963, c. 427, § 1, p. 1432;

Laws 1994, LB 414, § 73;

Laws 1995, LB 424, § 37;

Laws 1996, LB 1218, § 49.
Neb. Rev. Stat. § 75-128 — NE Code / Chapter 75 / Section 75-128
View Statute 75-128
Status: in_force

(1) It is hereby declared to be the policy of the Legislature that all matters presented to the commission be heard and determined without delay. All matters requiring a hearing shall be set for hearing at the earliest practicable date and in no event, except for good cause shown, which showing shall be recited in the order, shall the time fixed for hearing be more than six months after the date of filing of the application, complaint, or petition on which such hearing is to be had. Except in case of an emergency and upon a motion to proceed with less than a quorum made by all parties and supported by a showing of clear and convincing evidence of such emergency and benefit to all parties, a quorum of the commission shall hear all matters set for hearing. Except as otherwise provided in the Major Oil Pipeline Siting Act or section 75-121 and except for good cause shown, a decision of the commission shall be made and filed within thirty days after completion of the hearing or after submission of affidavits in nonhearing proceedings.

(2) In the case of any proceeding upon which a hearing is held, the transcript of testimony shall be prepared and submitted to the commission prior to entry of an order, except that it shall not be necessary to have prepared prior to a commission decision the transcripts of testimony on hearings involving noncontested proceedings and hearings involving emergency rate applications under section 75-121 .

(3) For each application, complaint, or petition filed with the commission, except those filed under sections 75-303.01 to 75-303.03 , the Major Oil Pipeline Siting Act, or the State Natural Gas Regulation Act, the commission shall charge a filing fee to be determined by the commission, but in an amount not to exceed the sum of five hundred dollars, payable at the time of such filing. The commission shall also charge to persons regulated by the commission, except persons regulated under the Major Oil Pipeline Siting Act or the State Natural Gas Regulation Act, a hearing fee to be determined by the commission, but in an amount not to exceed the sum of two hundred fifty dollars, for each half day of hearings if the person regulated by the commission files an application, complaint, or petition which necessitates a hearing.

(4) For each new tariff filed with the commission, except those filed under sections 75-301 to 75-322 , the commission shall charge a fee not to exceed fifty dollars. This subsection does not apply to amendments to existing tariffs.

(5) The commission shall remit the fees received to the State Treasurer for credit to the General Fund.

Laws 1963, c. 425, art. I, § 28, p. 1365;

Laws 1967, c. 479, § 8, p. 1479;

Laws 1969, c. 604, § 1, p. 2464;

Laws 1971, LB 24, § 1;

Laws 1971, LB 839, § 1;

Laws 1972, LB 1068, § 1;

Laws 1982, LB 928, § 56;

Laws 1982, LB 633, § 2;

Laws 1985, LB 384, § 1;

Laws 1989, LB 78, § 9;

Laws 1993, LB 412, § 1;

Laws 1994, LB 414, § 43;

Laws 1994, LB 872, § 17;

Laws 1995, LB 424, § 13;

Laws 2002, LB 1105, § 487;

Laws 2003, LB 187, § 17;

Laws 2003, LB 790, § 68;

Laws 2011, First Spec. Sess., LB1, § 18;

Laws 2017, LB263, § 81.

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

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

On any matter heard by an examiner, a decision should be filed within thirty days after oral argument before the commission. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).

On any matter heard by an examiner, a decision should be filed within thirty days after oral argument before the commission. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
Neb. Rev. Stat. § 75-159 — NE Code / Chapter 75 / Section 75-159
View Statute 75-159
Status: in_force

(1) The Public Service Commission Housing and Recreational Vehicle Cash Fund is created. The fund shall consist of fees collected under the Nebraska Uniform Standards for Modular Housing Units Act and fees collected pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles.

(2) Money credited to the fund shall be used by the Public Service Commission for the purposes of administering the Nebraska Uniform Standards for Modular Housing Units Act and the Uniform Standard Code for Manufactured Homes and Recreational Vehicles.

(3) Transfers from the fund to the General Fund may be made at the direction of the Legislature. Any money in the Public Service Commission Housing and Recreational Vehicle Cash 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.

(4) On July 1, 2010, the State Treasurer shall transfer any money in the Modular Housing Units Cash Fund and any money in the Manufactured Homes and Recreational Vehicles Cash Fund to the Public Service Commission Housing and Recreational Vehicle Cash Fund.

Laws 2010, LB849, § 36.

Nebraska Capital Expansion Act, see section 72-1269 .

Nebraska State Funds Investment Act, see section 72-1260 .

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

Uniform Standard Code for Manufactured Homes and Recreational Vehicles, see section 71-4601 .
Neb. Rev. Stat. § 74-1334 — NE Code / Chapter 75 / Section 74-1334
74-1334
Status: in_force

(1) Wherever any railroad track crosses any public road in a cut, on a curve or side hill, in timber lands, near buildings, or near any obstruction of view from the road, the Department of Transportation shall direct such precautions to be taken as it deems necessary for the safety of the traveling public. Each railroad carrier shall also provide and maintain such gates, crossings, signs, signals, alarm bells, and warning personnel as the department directs. The department may direct the placement of special signs where the physical conditions of any crossing warrant such action.

(2) Except as provided in subsection (3) of this section, any public railroad crossing without gates, signals, alarm bells, or warning personnel located within one-quarter mile from a public railroad crossing with gates, signals, alarm bells, or warning personnel shall be closed unless it is the only railroad crossing which provides access to property.

(3) An interested party may object to an action taken under subsection (2) of this section only if a written request is submitted to the department by a professional engineer licensed to practice in the State of Nebraska. The engineer shall state in writing that the engineer is familiar with the requirements in this section and with all relevant aspects of the railroad crossing. The engineer shall also provide a detailed explanation of why subsection (2) of this section should not apply to the railroad crossing in question and a statement that the railroad crossing corridor has been examined by the engineer and the engineer believes that the railroad crossing will be safe as designed. Such a written request shall exempt a railroad crossing from being closed under subsection (2) of this section.

Laws 1963, c. 425, art. IV, § 12, p. 1402;

Laws 1994, LB 414, § 87;

R.S.1943, (1996), § 75-412;

Laws 1997, LB 255, § 6;

Laws 2006, LB 79, § 1;

Laws 2008, LB837, § 1;

Laws 2017, LB339, § 258.
Neb. Rev. Stat. § 75-124 — NE Code / Chapter 75 / Section 75-124
View Statute 75-124
Status: in_force

The commission may compile and reproduce tariffs containing the schedules of rates and charges for transportation of persons and, until July 1, 2021, household goods. The commission may make a charge for copies of such tariffs to cover the cost of reproducing, supplementing, and mailing the same. Every common carrier shall reproduce, keep for public inspection, and file with the commission in the manner prescribed by the commission, schedules showing the rates, fares, and charges for the transportation of passengers and, until July 1, 2021, household goods, which have been fixed and established as provided in Chapter 75, articles 1 and 3, and which are in force at the time with respect to such common carrier.

Laws 1963, c. 425, art. I, § 24, p. 1363;

Laws 1995, LB 424, § 11;

Laws 2020, LB461, § 3.
Neb. Rev. Stat. § 75-906 — NE Code / Chapter 75 / Section 75-906
View Statute 75-906
Status: in_force

In the event the commission determines that the conditions of a grain dealer's security have been violated, the commission may demand that such dealer's security be forfeited and may place the proceeds of the security in an interest-bearing trust until it fully determines each claim on the security. The commission shall disburse the security according to each claim determined. If the amount of the security is less than the claims against it, the security shall be distributed pro rata among the claimants. If the security is a bond or letter of credit, the surety or the issuer of such letter shall pay over the security on demand by the commission. If such issuer of a letter of credit or surety for a grain dealer fails or refuses to pay the security to the commission within ten days, the commission may file a lawsuit in an appropriate court and recover the amount of the security plus interest at the highest legal rate from the date of its demand on the issuer of a letter of credit or surety if the court finds that any claim determined by the commission against the grain dealer's security was valid.

Laws 1985, LB 389, § 8.

The Public Service Commission has limited jurisdiction to determine the claims that exist under the Grain Dealer Act on the date of a warehouse closure. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).

The Public Service Commission has limited jurisdiction to determine the claims that exist under the Grain Dealer Act on the date of a warehouse closure. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).

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 section 75-905 to preserve a claim against the buyer's security pursuant to this section. 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 section 75-905 to preserve a claim against the buyer's security pursuant to this section. Fecht v. The Bunnell Co., 243 Neb. 1, 497 N.W.2d 50 (1993).
Neb. Rev. Stat. § 75-1010 — NE Code / Chapter 75 / Section 75-1010
View Statute 75-1010
Status: in_force

The commission may adopt and promulgate rules and regulations necessary to carry out the Water Service Regulation Act.

Laws 1994, LB 1002, § 10.
Neb. Rev. Stat. § 75-721 — NE Code / Chapter 75 / Section 75-721
View Statute 75-721
Status: in_force

The commission may prohibit the construction of any line found to be in violation of the terms of section 75-709 . After the hearing provided for in section 75-711 , the commission shall make such order and prescribe such terms and conditions for the location, construction, and operation of the proposed line as it may deem just and reasonable. It may make such orders in the premises as in its judgment would best protect the rights of all parties interested and those of the general public. It is hereby made unlawful for any person, not specifically exempt, to begin or carry on the construction of any line designed to carry electric current for which application is required under section 75-710 or to increase the voltage of any existing line which would require such application without having first secured authority from the commission as set forth in section 75-710 .

Laws 1963, c. 425, art. VII, § 21, p. 1428;

Laws 1980, LB 611, § 7;

Laws 1993, LB 121, § 473;

Laws 1994, LB 414, § 131.
Neb. Rev. Stat. § 75-393 — NE Code / Chapter 75 / Section 75-393
View Statute 75-393
Status: in_force

The director may participate in the unified carrier registration plan and agreement pursuant to the Unified Carrier Registration Act of 2005, 49 U.S.C. 13908, as the act existed on January 1, 2025, and may file on behalf of this state the plan required by such plan and agreement for enforcement of the act in this state.

Laws 2007, LB358, § 2;

Laws 2009, LB331, § 19;

Laws 2011, LB212, § 9;

Laws 2012, LB751, § 52;

Laws 2013, LB35, § 9;

Laws 2014, LB776, § 8;

Laws 2015, LB313, § 10;

Laws 2016, LB929, § 15;

Laws 2017, LB263, § 93;

Laws 2018, LB909, § 126;

Laws 2019, LB79, § 26;

Laws 2020, LB944, § 84;

Laws 2021, LB149, § 25;

Laws 2022, LB750, § 84;

Laws 2023, LB138, § 56;

Laws 2024, LB1200, § 65;

Laws 2025, LB398, § 63.
Neb. Rev. Stat. § 75-420 — NE Code / Chapter 75 / Section 75-420
View Statute 75-420
Status: in_force

Any such common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be or remain on duty in violation of section 75-419 , shall be liable to a penalty of not to exceed five hundred dollars for each and every violation thereof, to be recovered in a suit or suits to be brought by the county attorney of the county in the state having jurisdiction in the locality where the violation shall have been committed. It shall be the duty of such county attorney to bring such suits upon satisfactory information being lodged with him, but no such suit shall be brought after the expiration of one year from the date of such violations as may come to his knowledge. In all prosecutions under this section the common carrier shall be deemed to have had knowledge of all acts of its officers and agents. The provisions of sections 75-419 and 75-420 shall not apply in any case of casualty or unavoidable accident or the act of God; nor where the delay was the result of a cause not known to the carrier or its officers and agents in charge of such employee at the time such employee left a terminal, and which could not have been foreseen; nor to the crews of wrecking or relief trains.

Laws 1963, c. 425, art. IV, § 20, p. 1405.
Neb. Rev. Stat. § 86-160 — NE Code / Chapter 75 / Section 86-160
86-160
Status: in_force

The commission may administratively fine pursuant to section 75-156 any person who violates the Nebraska Telecommunications Regulation Act.

Laws 2000, LB 1285, § 13;

R.S.Supp.,2000, § 75-617;

Laws 2002, LB 1105, § 59.
Neb. Rev. Stat. § 75-315 — NE Code / Chapter 75 / Section 75-315
View Statute 75-315
Status: in_force

Permits and certificates shall be effective from the dates specified in the permits and certificates and shall remain in effect until terminated as provided in this section and section 75-316 . A permit or certificate may, upon application of the permit or certificate holder, in the discretion of the commission, be revoked or may, upon complaint or on the commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for willful failure to comply with any of the provisions of sections 75-101 to 75-801 , with any lawful order, rule, or regulation of the commission promulgated under such sections, or with any term, condition, or limitation of the permit or certificate. The commission may, after notice and a hearing, suspend or revoke the permit or certificate of a motor carrier who refuses or subjects to any undue or unreasonable delay any pickup, delivery, or connecting line service, to any shipper, consignee, carrier, or any other person or persons, at any point authorized to be served by such carrier, notwithstanding any hot cargo agreement or other agreement between such motor carrier and a labor organization or any other organization or person.

Laws 1963, c. 425, art. III, § 15, p. 1383;

Laws 1969, c. 607, § 1, p. 2472;

Laws 1995, LB 424, § 40.

An act or failure to act within the provisions of this section may be willful within the meaning of the statute even though a decision to cease operations under the certificate may be the consequence of circumstances such as financial failure over which the carrier may not have absolute control. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

An act or failure to act within the provisions of this section may be willful within the meaning of the statute even though a decision to cease operations under the certificate may be the consequence of circumstances such as financial failure over which the carrier may not have absolute control. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

The term "willful failure" as used in this section means a repeated or continued failure to file reports required by this act. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

The term "willful failure" as used in this section means a repeated or continued failure to file reports required by this act. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

Under the provisions of this section, the Nebraska Public Service Commission may, upon complaint or on the commission's own initiative and after notice and hearing, suspend, revoke, or change a certificate of a common carrier for willful failure to comply with any of the provisions of sections 75-101 to 75-801, R.R.S.1943. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

Under the provisions of this section, the Nebraska Public Service Commission may, upon complaint or on the commission's own initiative and after notice and hearing, suspend, revoke, or change a certificate of a common carrier for willful failure to comply with any of the provisions of sections 75-101 to 75-801, R.R.S.1943. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

The willful failure herein is such behavior through acts of commission or omission which justifies a belief there was an intent entered into and characterizing the failure complained of. Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).

.1943. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).

The willful failure herein is such behavior through acts of commission or omission which justifies a belief there was an intent entered into and characterizing the failure complained of. Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).

The willful failure herein is such behavior through acts of commission or omission which justifies a belief there was an intent entered into and characterizing the failure complained of. Herman Brothers, Inc. v. Hennis Freight Lines, Inc., 192 Neb. 258, 220 N.W.2d 230 (1974).
Neb. Rev. Stat. § 75-720 — NE Code / Chapter 75 / Section 75-720
View Statute 75-720
Status: in_force

Provisions of law requiring filing of applications with the commission and other procedures for proposed construction of any electrical line pursuant to section 75-711 need not be complied with when the electric transmission carrier has given written notice by certified mail, with a copy to the commission by certified mail, of such proposed construction providing full information, including location drawing, electrical characteristics, physical configuration, and length of parallel of and proposed separation from other electrical, communication, or railroad signal lines, to any person who owns or operates electrical, communication, or railroad signal lines within the respective distances described in section 75-710 , and such person has failed to file with such electric transmission carrier, within sixty days of receipt of the notice, a written protest, together with the reasons for objecting to the proposed construction. The sixty-day notice period for protest may be waived by signed agreement between such person and the electric transmission carrier. Receipt of a waiver shall be evidence that the sixty-day notice period is also waived. When the electric transmission carrier proposing the construction is required by section 75-713 to file an application with the commission or wants to receive a commission ruling, it shall file with its application copies of the notices sent by certified mail or signed copies of agreements with any person who owns or operates electrical, communication, or railroad signal lines within the respective distances described in section 75-710 and a signed copy of the agreement of the Director of Aeronautics if required by law, indicating their concurrence in the proposed construction. Upon receipt of such filing, the commission may approve the application to construct and may grant a permit without notice or a public hearing.

Laws 1963, c. 425, art. VII, § 20, p. 1428;

Laws 1980, LB 611, § 6;

Laws 1981, LB 485, § 4;

Laws 1994, LB 414, § 130.
Neb. Rev. Stat. § 86-128 — NE Code / Chapter 75 / Section 86-128
86-128
Status: in_force

(1)(a) To preserve the integrity of a ubiquitous network, to preserve and advance universal service, and to ensure the delivery of essential and emergency telecommunications service, telecommunications common carriers and telecommunications contract carriers in Nebraska are subject to regulation by the commission. In addition to the requirements of section 86-129 , a person shall file an application and receive either a certificate of convenience and necessity as a telecommunications common carrier or a permit as a telecommunications contract carrier before such person may (i) offer any telecommunications service or (ii) construct new telecommunications facilities in, or extend existing telecommunications facilities into, the territory of another telecommunications company to provide any telecommunications service.

(b) The commission may only issue a certificate of convenience and necessity as a telecommunications common carrier or a permit as a telecommunications contract carrier after due notice and hearing pursuant to commission rules and regulations. The commission shall not issue a certificate or a permit to an agency or political subdivision of the state.

(2) If a telecommunications company holds a certificate of convenience and necessity as a telecommunications common carrier, it shall not be required to obtain a permit as a telecommunications contract carrier.

(3) The commission may establish such just and reasonable classifications of groups of telecommunications common carriers and telecommunications contract carriers taking into consideration the special nature of the telecommunications service performed by such carriers. The commission may adopt and promulgate rules, regulations, and requirements to be observed by a carrier so classified or grouped as the commission deems necessary or desirable and in the public interest.

(4) The commission may waive applicability of subsection (1) of this section as to the provision of intra-LATA interexchange service under rules and regulations applicable to all telecommunications companies providing such interexchange service. After such waiver, the certificate or permit for and provision of intra-LATA interexchange service shall be governed by the statutes, rules, and regulations for a certificate or permit for and provision of inter-LATA interexchange service.

Laws 1963, c. 425, art. VI, § 4, p. 1418;

Laws 1986, LB 835, § 13;

Laws 1993, LB 121, § 468;

Laws 1997, LB 660, § 3;

Laws 1999, LB 150, § 13;

Laws 2001, LB 827, § 19;

R.S.Supp.,2001, § 75-604;

Laws 2002, LB 1105, § 27.

1. Certificate of convenience and necessity

1. Certificate of convenience and necessity

2. Miscellaneous

2. Miscellaneous

1. Certificate of convenience and necessity

1. Certificate of convenience and necessity

The appellant's application seeking authority to operate a mobile telephone service to subscribers was denied by the court. Before granting a certificate of convenience and necessity, the commission must find that the portion of the territory of another telephone company into which the applicant proposes to construct new lines or extend existing lines does not or will not, within a reasonable time, receive reasonably adequate telephone service from the telephone company already serving the territory. In re Application of Best, 209 Neb. 524, 308 N.W.2d 726 (1981).

The appellant's application seeking authority to operate a mobile telephone service to subscribers was denied by the court. Before granting a certificate of convenience and necessity, the commission must find that the portion of the territory of another telephone company into which the applicant proposes to construct new lines or extend existing lines does not or will not, within a reasonable time, receive reasonably adequate telephone service from the telephone company already serving the territory. In re Application of Best, 209 Neb. 524, 308 N.W.2d 726 (1981).

and necessity, the commission must find that the portion of the territory of another telephone company into which the applicant proposes to construct new lines or extend existing lines does not or will not, within a reasonable time, receive reasonably adequate telephone service from the telephone company already serving the territory. In re Application of Best, 209 Neb. 524, 308 N.W.2d 726 (1981).

Under the facts in this case, the Nebraska Public Service Commission had no jurisdiction to order a motel to cease and desist from offering or providing telephone service on its inhouse telephone system without first obtaining from it a certificate of public convenience and necessity. Sherdon v. Dann, 193 Neb. 768, 229 N.W.2d 531 (1975).

Under the facts in this case, the Nebraska Public Service Commission had no jurisdiction to order a motel to cease and desist from offering or providing telephone service on its inhouse telephone system without first obtaining from it a certificate of public convenience and necessity. Sherdon v. Dann, 193 Neb. 768, 229 N.W.2d 531 (1975).

This section (formerly section 75-604) does not prevent State Railway Commission from authorizing service under 1969 act by telephone company to applicant residing in another telephone company's service area without an application by former company to extend its certificate of public convenience and necessity. Schoen v. American Communication Co., Inc., 189 Neb. 78, 199 N.W.2d 716 (1972).

This section (formerly section 75-604) does not prevent State Railway Commission from authorizing service under 1969 act by telephone company to applicant residing in another telephone company's service area without an application by former company to extend its certificate of public convenience and necessity. Schoen v. American Communication Co., Inc., 189 Neb. 78, 199 N.W.2d 716 (1972).

The territory of a certificated telephone service company cannot be invaded by a mobile telephone service company unless it first applies for and receives a certificate of public convenience and necessity. Radio-Fone, Inc. v. A.T.S. Mobile Telephone, Inc., 187 Neb. 637, 193 N.W.2d 442 (1972).

The territory of a certificated telephone service company cannot be invaded by a mobile telephone service company unless it first applies for and receives a certificate of public convenience and necessity. Radio-Fone, Inc. v. A.T.S. Mobile Telephone, Inc., 187 Neb. 637, 193 N.W.2d 442 (1972).

The invasion of the territory of a telephone company rendering long distance service by another telephone company is prohibited unless the invading company applies for and receives a certificate of convenience and necessity. Northwestern Bell Tel. Co. v. Consolidated Tel. Co., 180 Neb. 268, 142 N.W.2d 324 (1966).

The invasion of the territory of a telephone company rendering long distance service by another telephone company is prohibited unless the invading company applies for and receives a certificate of convenience and necessity. Northwestern Bell Tel. Co. v. Consolidated Tel. Co., 180 Neb. 268, 142 N.W.2d 324 (1966).

Before State Railway Commission can issue certificate of convenience and necessity allowing one telephone company to invade the territory of another, it must make specific findings required by this section (formerly section 75-604). Chambers Rural Tel. Co., Inc. v. K. & M. Tel. Co., Inc., 179 Neb. 735, 140 N.W.2d 400 (1966).

Before State Railway Commission can issue certificate of convenience and necessity allowing one telephone company to invade the territory of another, it must make specific findings required by this section (formerly section 75-604). Chambers Rural Tel. Co., Inc. v. K. & M. Tel. Co., Inc., 179 Neb. 735, 140 N.W.2d 400 (1966).

The grant of a certificate of convenience and necessity to invade the territory of another company must be on the application of the invading company. Sherdon v. American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).

must make specific findings required by this section (formerly section 75-604). Chambers Rural Tel. Co., Inc. v. K. & M. Tel. Co., Inc., 179 Neb. 735, 140 N.W.2d 400 (1966).

The grant of a certificate of convenience and necessity to invade the territory of another company must be on the application of the invading company. Sherdon v. American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).

The grant of a certificate of convenience and necessity to invade the territory of another company must be on the application of the invading company. Sherdon v. American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).

2. Miscellaneous

2. Miscellaneous

Subsection (1)(b) of this section is preempted by federal law and is unconstitutional. In re Application of Lincoln Electric System, 265 Neb. 70, 655 N.W.2d 363 (2003).

Subsection (1)(b) of this section is preempted by federal law and is unconstitutional. In re Application of Lincoln Electric System, 265 Neb. 70, 655 N.W.2d 363 (2003).

Sections 75-604 to 75-616 apply only to common carriers. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).

Sections 75-604 to 75-616 apply only to common carriers. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).

Where evidence sustains a compliance with this section (formerly section 75-604), and a valid reason for denial is not shown, railway commission should grant application. Northwestern Bell Tel. Co. v. Pleasant Valley Tel. Co., 181 Neb. 799, 150 N.W.2d 922 (1967).

Where evidence sustains a compliance with this section (formerly section 75-604), and a valid reason for denial is not shown, railway commission should grant application. Northwestern Bell Tel. Co. v. Pleasant Valley Tel. Co., 181 Neb. 799, 150 N.W.2d 922 (1967).
Neb. Rev. Stat. § 75-392 — NE Code / Chapter 75 / Section 75-392
View Statute 75-392
Status: in_force

For purposes of sections 75-392 to 75-3,100 :

(1) Director means the Director of Motor Vehicles;

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

(3) Unified carrier registration plan and agreement means the plan and agreement established and authorized pursuant to 49 U.S.C. 14504a, as such section existed on January 1, 2025.

Laws 2007, LB358, § 1;

Laws 2014, LB776, § 7;

Laws 2016, LB929, § 14;

Laws 2017, LB263, § 92;

Laws 2018, LB909, § 125;

Laws 2019, LB79, § 25;

Laws 2020, LB944, § 83;

Laws 2021, LB149, § 24;

Laws 2022, LB750, § 83;

Laws 2023, LB138, § 55;

Laws 2024, LB1200, § 64;

Laws 2025, LB398, § 62.
Neb. Rev. Stat. § 75-135 — NE Code / Chapter 75 / Section 75-135
View Statute 75-135
Status: in_force

When certified to be a true and correct copy of the original by the executive director of the commission or a commissioner, a commission order shall be admitted in evidence in all courts and tribunals of this state, without further proof, as prima facie evidence of every fact found and that such order is prima facie just and reasonable.

Laws 1963, c. 425, art. I, § 35, p. 1368;

Laws 1967, c. 479, § 10, p. 1480;

Laws 1994, LB 414, § 48.
Neb. Rev. Stat. § 75-136 — NE Code / Chapter 75 / Section 75-136
View Statute 75-136
Status: in_force

(1) Except as otherwise provided by law, if a party to any proceeding is not satisfied with the order entered by the commission, such party may appeal.

(2) Any appeal filed on or after October 1, 2013, shall be taken in the same manner and time as appeals from the district court, except that the appellate court shall conduct a review of the matter de novo on the record. Appeals shall be heard and disposed of in the appellate court in the manner provided by law. Appeal of a commission order shall be perfected by filing a notice of intention to appeal with the executive director of the commission within thirty days after the effective date of the order as determined under section 75-134 .

(3) Any appeal filed prior to October 1, 2013, shall be in accordance with sections 75-134 , 75-136 , and 75-156 as such sections existed prior to the changes made by Laws 2013, LB545.

(4) Any appeal of a rate order under the State Natural Gas Regulation Act entered pursuant to section 66-1838 shall be advanced by the Court of Appeals as other causes which involve the public welfare and convenience are advanced.

Laws 1963, c. 425, art. I, § 36, p. 1368;

Laws 1967, c. 479, § 11, p. 1480;

Laws 1989, LB 78, § 10;

Laws 1991, LB 732, § 131;

Laws 1992, LB 360, § 32;

Laws 1995, LB 424, § 16;

Laws 2000, LB 1285, § 4;

Laws 2003, LB 187, § 21;

Laws 2013, LB545, § 5.

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

An appellate court reviews an order of the Nebraska Public Service Commission de novo on the record. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).

An appellate court reviews an order of the Nebraska Public Service Commission de novo on the record. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).

Under this section, an appellate court must reappraise the evidence on the record as it relates to the penalty issued by the Public Service Commission and reach an independent conclusion. Telrite Corp. v. Nebraska Pub. Serv. Comm., 288 Neb. 866, 852 N.W.2d 910 (2014).

Under this section, an appellate court must reappraise the evidence on the record as it relates to the penalty issued by the Public Service Commission and reach an independent conclusion. Telrite Corp. v. Nebraska Pub. Serv. Comm., 288 Neb. 866, 852 N.W.2d 910 (2014).

All appeals from orders of the Nebraska Public Service Commission are to follow the procedural requirements of the Administrative Procedure Act. Chase 3000, Inc. v. Nebraska Pub. Serv. Comm., 273 Neb. 133, 728 N.W.2d 560 (2007).

All appeals from orders of the Nebraska Public Service Commission are to follow the procedural requirements of the Administrative Procedure Act. Chase 3000, Inc. v. Nebraska Pub. Serv. Comm., 273 Neb. 133, 728 N.W.2d 560 (2007).

The primary effect of this section is that operative August 31, 2003, all appeals from the Public Service Commission, not just telecommunications cases, generally are to be brought under the Administrative Procedure Act; it does not evince a legislative intent to confer jurisdiction over telecommunications appeals that were not perfected under the statutory requirements in effect at the time the notice of appeal was filed. Cox Nebraska Telecom v. Qwest Corp., 268 Neb. 676, 687 N.W.2d 188 (2004).

The primary effect of this section is that operative August 31, 2003, all appeals from the Public Service Commission, not just telecommunications cases, generally are to be brought under the Administrative Procedure Act; it does not evince a legislative intent to confer jurisdiction over telecommunications appeals that were not perfected under the statutory requirements in effect at the time the notice of appeal was filed. Cox Nebraska Telecom v. Qwest Corp., 268 Neb. 676, 687 N.W.2d 188 (2004).

rvice Commission, not just telecommunications cases, generally are to be brought under the Administrative Procedure Act; it does not evince a legislative intent to confer jurisdiction over telecommunications appeals that were not perfected under the statutory requirements in effect at the time the notice of appeal was filed. Cox Nebraska Telecom v. Qwest Corp., 268 Neb. 676, 687 N.W.2d 188 (2004).

This section authorizes appellate courts to review an order of the Public Service Commission interpreting a rule or regulation pursuant to the commission's authority under section 75-118.01. In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002).

This section authorizes appellate courts to review an order of the Public Service Commission interpreting a rule or regulation pursuant to the commission's authority under section 75-118.01. In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002).

The appropriate standard of review for appeals from the Nebraska Public Service Commission is a review for errors appearing on the record. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).

The appropriate standard of review for appeals from the Nebraska Public Service Commission is a review for errors appearing on the record. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).

In an appeal to the Supreme Court from an order of the Nebraska Public Service Commission, the only questions to be determined are whether the PSC acted within the scope of its authority and whether the order complained of is reasonable and not arbitrary. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991).

In an appeal to the Supreme Court from an order of the Nebraska Public Service Commission, the only questions to be determined are whether the PSC acted within the scope of its authority and whether the order complained of is reasonable and not arbitrary. In re Application of Kilthau, 236 Neb. 811, 464 N.W.2d 162 (1991).

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. § 75-419 — NE Code / Chapter 75 / Section 75-419
View Statute 75-419
Status: in_force

It shall be unlawful for any railroad carrier, its officers or agents, to require or permit any employee to be or remain on duty for a longer period than sixteen consecutive hours. For the purposes of this section, employees shall mean any person actually engaged in or connected with the movements of any train. Whenever any such employee of such common carrier shall have been continuously on duty for sixteen hours, he shall be relieved and not be permitted or required to again go on duty without having at least ten consecutive hours' rest off duty, and no such employee, who has been on duty sixteen hours in the aggregate in any twenty-four-hour period, shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty; Provided, no operator, train dispatcher, or other employee who by the use of the telegraph, or telephone, dispatches reports, or transmits, receives, or delivers orders pertaining to or affecting train movements shall be required or permitted to be or remain on duty for a longer period than nine hours in any twenty-four-hour period in all towers, offices, places, and stations continuously operated day and night nor for a longer period than thirteen hours in all towers, offices, places, and stations operated only during the daytime, except in cases of emergency, when the employees named in this proviso may be permitted to be or remain on duty for four additional hours in a twenty-four-hour period and not to exceed three days in any one week. The commission may, after full hearing in a particular case, and for good cause shown, extend the period within which a common carrier shall comply with the provisions of this section.

Laws 1963, c. 425, art. IV, § 19, p. 1405.
Neb. Rev. Stat. § 75-130.01 — NE Code / Chapter 75 / Section 75-130.01
View Statute 75-130.01
Status: in_force

With respect to any matter of fact or law at issue in a contested case and notwithstanding any other provision of law, a member, staff, or agent of the Public Service Commission shall not during the pendency of any contested case heard before the commission have any ex parte communication with any party having an interest in the outcome of the contested case. For purposes of this section, the definitions in section 84-901 shall apply. Notwithstanding subdivision (4)(c) of section 84-901 , this section applies to all communications by a party in contested cases under the State Natural Gas Regulation Act, including, but not limited to, general rate filings under section 66-1838 .

Laws 1999, LB 514, § 1;

Laws 2008, LB1072, § 3.

State Natural Gas Regulation Act, see section 66-1801 .
Neb. Rev. Stat. § 75-323 — NE Code / Chapter 75 / Section 75-323
View Statute 75-323
Status: in_force

For purposes of sections 75-301 to 75-343 , unless the context otherwise requires:

(1) Application open stage means the time period from the moment a participating driver logs on to the transportation network company's online-enabled application or platform until the driver accepts a request to transport a passenger and from the moment the driver completes the transaction on the online-enabled application or platform or the passenger exits the vehicle, whichever is later, until the driver either accepts another ride request on the online-enabled application or platform or logs off the online-enabled application or platform;

(2) Engaged stage means the time period from the moment a participating driver accepts a ride request on the transportation network company online-enabled application or platform until the driver completes the transaction on the online-enabled application or platform or until the passenger exits the vehicle, whichever is later;

(3) Insurance policy means a policy placed with an authorized Nebraska insurer or with a surplus lines insurer pursuant to Chapter 44;

(4) Participating driver or driver means any person who uses a personal vehicle in connection with a transportation network company's online-enabled application or platform to connect with passengers;

(5) Passenger means a passenger in a personal vehicle for whom a driver provides transportation and who is connected with a driver by a transportation network company's online-enabled application or platform;

(6) Passengers on board stage means the time period when there are passengers in the vehicle pursuant to the driver's participation in a transportation network company;

(7) Personal vehicle means a passenger car as defined in section 60-345 that a driver owns, leases, or is otherwise authorized to use to provide services on a transportation network company's online-enabled application or platform;

(8) Prearranged ride means a ride in which a participating driver is matched to a passenger through a transportation network company's online-enabled application or platform and does not include the on-demand summoning of a ride or street hail. Prearranged ride does not include shared-expense carpool or vanpool arrangements;

(9) Service means the provision of transportation by a driver to a passenger with whom a transportation network company matches the driver;

(10) Transportation network company means an organization, including a corporation, a limited liability company, a partnership, a sole proprietor, or any other entity, operating in this state that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with participating drivers using a personal vehicle. Transportation network company does not include medicaid nonemergency medical transportation brokerage services provided pursuant to a contract with the Department of Health and Human Services; and

(11) Transportation network company insurance means an insurance policy that covers loss arising from a participating driver's use of a personal vehicle in connection with a transportation network company's online-enabled application or platform.

Laws 2015, LB629, § 2.
Neb. Rev. Stat. § 75-160 — NE Code / Chapter 75 / Section 75-160
View Statute 75-160
Status: in_force

(1) The Public Service Commission shall establish and maintain a registry of locations within the State of Nebraska for complaints made to the commission regarding the lack of appropriate coverage for wireless telecommunications service.

(2) The commission may utilize the information maintained in the registry only for making any determination related to the granting of funds through any program administered by the commission to support the construction of wireless telecommunications service facilities.

(3) For purposes of this section, lack of appropriate coverage means a geographic area where a wireless device is not able to receive a signal from the wireless service provider's network whereby an individual is unable to use a wireless device.

(4) The commission shall adopt and promulgate any rules and regulations required to carry out this section.

Laws 2018, LB994, § 5.
Neb. Rev. Stat. § 86-141 — NE Code / Chapter 75 / Section 86-141
86-141
Status: in_force

(1) Telecommunications companies which serve less than five percent of the state's subscriber lines in the aggregate statewide shall not be subject to rate regulation by the commission pursuant to sections 86-140 and 86-153 unless (a) the telecommunications company elects by action of its board of directors to be subject to such rate regulation by the commission, (b) the proposed rate increase exceeds thirty percent in any one year, (c) five percent of the subscribers petition the commission to regulate rates pursuant to subsections (2) through (4) of this section, or (d) the commission declares that the telecommunications company shall be subject to rate regulation by the commission pursuant to subsection (5) of this section.

(2) Each such telecommunications company not subject to rate regulation shall, at least ninety days before the effective date of any proposed rate change, notify the commission and each of the telecommunications company's subscribers of the proposed rate change. Notice to the commission shall include a list of the telecommunications company's published subscribers. Notice by the telecommunications company to all subscribers shall be in a form prescribed by the commission, shall be by first-class mail, and shall include a schedule of the proposed rates, the effective date of the rates, and the procedure necessary for the subscribers to petition the commission to determine rates in lieu of the proposed rates.

(3) The subscribers of a telecommunications company not subject to the commission's rate regulation may petition the commission to determine rates in lieu of any rate change proposed by the telecommunications company pursuant to subsection (2) of this section. A petition substantially in compliance with the rules and regulations of the commission shall not be deemed invalid due to minor errors in its form.

(4) If, by the effective date of the telecommunications company's proposed rate change, the commission has received petitions from less than five percent of the subscribers requesting that the commission determine rates, the commission shall certify such fact to the telecommunications company and the telecommunications company's proposed rates shall become effective as published in the notice to subscribers. If, on or before the effective date of the proposed rate change, the commission has received petitions from five percent or more of the subscribers requesting that the commission determine rates, the commission shall notify the telecommunications company that it will determine rates for the telecommunications company in lieu of the telecommunications company's proposed rate change. Rates established by the commission or by a telecommunications company pursuant to subsections (2) through (4) of this section shall be in force for at least one year.

esting that the commission determine rates, the commission shall notify the telecommunications company that it will determine rates for the telecommunications company in lieu of the telecommunications company's proposed rate change. Rates established by the commission or by a telecommunications company pursuant to subsections (2) through (4) of this section shall be in force for at least one year.

(5) In addition to the procedure for petition prior to any proposed rate change pursuant to subsections (2) through (4) of this section, the subscribers of a telecommunications company not subject to the commission's rate regulation may at any time petition the commission to declare that the telecommunications company shall be subject to such rate regulation. If the commission determines that at least fifty-one percent of a telecommunications company's subscribers have properly petitioned that the telecommunications company be subject to the commission's rate regulation, the commission shall certify such fact to the telecommunications company and thereafter the telecommunications company shall be subject to rate regulation by the commission until at least fifty-one percent of the telecommunications company's subscribers properly petition that the telecommunications company no longer shall be subject to the commission's rate regulation. This section shall not be construed to exempt any local exchange carrier from regulation of its access charges pursuant to section 86-140 .

Laws 1982, LB 573, § 2;

Laws 1994, LB 414, § 105;

Laws 1997, LB 660, § 4;

Laws 1999, LB 514, § 3;

R.S.Supp.,2000, § 75-609.01;

Laws 2002, LB 1105, § 40.
Neb. Rev. Stat. § 75-907 — NE Code / Chapter 75 / Section 75-907
View Statute 75-907
Status: in_force

The commission may adopt and promulgate all rules and regulations necessary to carry out the Grain Dealer Act.

Laws 1985, LB 389, § 9;

Laws 1987, LB 507, § 5.
Neb. Rev. Stat. § 75-304.01 — NE Code / Chapter 75 / Section 75-304.01
View Statute 75-304.01
Status: in_force

The commission shall prescribe minimum rates, fares, and charges for contract carriers. No reduction shall be made in any such charge, either directly or by means of any change in any rule, regulation, or practice affecting such charge or the value of service thereunder, except after ten days' notice of the proposed change filed in the form and manner provided for common carrier rate changes. The notice shall plainly state the change proposed and the time when the change will take effect. No contract carrier shall demand, charge, or collect less compensation for such transportation than the charges to be made by common carriers for the same transportation in accordance with sections 75-118 to 75-155 and 75-301 to 75-322 , as affected by any rule, regulation, or practice so filed or as prescribed by the commission. It is unlawful for any such carrier to charge less than the rates, fares, and charges approved by the commission.

Laws 1972, LB 1370, § 3;

Laws 1974, LB 438, § 1;

Laws 1994, LB 414, § 69;

Laws 1995, LB 424, § 27.
Neb. Rev. Stat. § 75-403 — NE Code / Chapter 75 / Section 75-403
View Statute 75-403
Status: in_force

Any railroad carrier shall be liable for any damage or injury that shall be caused or contributed to by a violation of any commission order, issued after due notice and hearing, relating to the efficiency, sufficiency, and safety of the service, facilities, or equipment furnished by such carrier. In such case, the railroad carrier shall not be entitled to the defenses of assumption of risk or contributory negligence.

Laws 1963, c. 425, art. IV, § 3, p. 1399;

Laws 1965, c. 446, § 5, p. 1418.
Neb. Rev. Stat. § 75-101 — NE Code / Chapter 75 / Section 75-101
View Statute 75-101
Status: in_force

(1) The members of the Public Service Commission shall be resident citizens of this state, registered voters, and, if members of or practitioners in any profession, in good standing according to the established standards of such profession. The members of the Public Service Commission shall be elected as provided in section 32-509 . A candidate for the office of public service commissioner shall be a resident of the district from which he or she seeks election. Each public service commissioner shall be a resident of the district from which he or she is elected. Removal from the district shall cause a vacancy in the office of public service commissioner for the unexpired term.

(2) No person shall be eligible to the office of public service commissioner who is directly or indirectly interested in any common carrier or jurisdictional utility in the state or out of it or who is in any way or manner pecuniarily interested in any common carrier subject to Chapter 75 or 86. If any commissioner becomes so interested after election or appointment, his or her office shall become vacant, except that if any commissioner becomes so interested otherwise than voluntarily, he or she shall, within a reasonable time, divest himself or herself of such interest, and failing to do so, his or her office shall become vacant.

(3) A commissioner shall not hold any other office under the government of the United States, of this state, or of any other state and shall not, while such commissioner, engage in any other occupation.

For purposes of Chapter 75:

(a) Commission, when referring to a state agency, means the Public Service Commission; and

(b) Commissioner means a member of the commission.

Laws 1963, c. 425, art. I, § 1, p. 1354;

Laws 1967, c. 476, § 1, p. 1472;

Laws 1984, LB 623, § 14;

Laws 1994, LB 76, § 587;

Laws 1994, LB 414, § 26;

Laws 2002, LB 1105, § 481;

Laws 2003, LB 790, § 60.

Subsections (1) and (2) of this section set out the eligibility requirements to hold the office of commissioner. Subsection (3) sets out restrictions upon those who hold that office: They may not hold another office or engage in another occupation while holding the office of commissioner. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).

Subsections (1) and (2) of this section set out the eligibility requirements to hold the office of commissioner. Subsection (3) sets out restrictions upon those who hold that office: They may not hold another office or engage in another occupation while holding the office of commissioner. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).

Under subsection (1), a person is eligible to be a commissioner if he or she is in good standing in any profession of which he or she is a member or practitioner—outside of the duties imposed upon a commissioner while holding office. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).

Under subsection (1), a person is eligible to be a commissioner if he or she is in good standing in any profession of which he or she is a member or practitioner—outside of the duties imposed upon a commissioner while holding office. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).