FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 9-322.02 — NE Code / Chapter 9 / Section 9-322.02
View Statute 9-322.02
Status: in_force

(1) Before any application is denied pursuant to section 9-322 , the department shall notify the applicant in writing by mail of the department's intention to deny the application and the reasons for the denial. Such notice shall inform the applicant of his or her right to request an administrative hearing for the purpose of reconsideration of the intended denial of the application. The date the notice is mailed shall be deemed to be the date of service of notice to the applicant.

(2) A request for a hearing by the applicant shall be in writing and shall be filed with the department within thirty days after the service of notice to the applicant of the department's intended denial of the application. If a request for hearing is not filed within the thirty-day period, the application denial shall become final at the expiration of such period.

(3) If a request for hearing is filed within the thirty-day period, the Tax Commissioner shall grant the applicant a hearing and shall, at least ten days before the hearing, serve notice upon the applicant by mail of the time, date, and place of the hearing. Such proceedings shall be considered contested cases pursuant to the Administrative Procedure Act.

Laws 1988, LB 1232, § 20;

Laws 2002, LB 545, § 28;

Laws 2012, LB727, § 5.

Administrative Procedure Act, see section 84-920 .

Administrative bodies have only that authority specifically conferred upon them by statute or by construction necessary to achieve the purpose of the relevant act, and as such, the Department of Revenue is not statutorily authorized to grant motions for summary judgment. Southeast Rur. Vol. Fire Dept. v. Neb. Dept. of Rev., 251 Neb. 852, 560 N.W.2d 436 (1997).

Administrative bodies have only that authority specifically conferred upon them by statute or by construction necessary to achieve the purpose of the relevant act, and as such, the Department of Revenue is not statutorily authorized to grant motions for summary judgment. Southeast Rur. Vol. Fire Dept. v. Neb. Dept. of Rev., 251 Neb. 852, 560 N.W.2d 436 (1997).
Neb. Rev. Stat. § 38-312 — NE Code / Chapter 71 / Section 38-312
38-312
Status: in_force

No person shall engage in alcohol and drug counseling or hold himself or herself out as an alcohol and drug counselor unless he or she is licensed for such purpose pursuant to the Uniform Credentialing Act, except that this section shall not be construed to prevent:

(1) Qualified members of other professions who are credentialed by this state from practice of any alcohol and drug counseling consistent with the scope of practice of their respective professions;

(2) Teaching or the conduct of research related to alcohol and drug counseling with organizations or institutions if such teaching, research, or consultation does not involve the delivery or supervision of alcohol and drug counseling to individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of such services;

(3) The delivery of alcohol and drug counseling by:

(a) Students, interns, or residents whose activities constitute a part of the course of study for medicine, psychology, nursing, school psychology, social work, clinical social work, counseling, marriage and family therapy, alcohol and drug counseling, compulsive gambling counseling, or other health care or mental health service professions; or

(b) Individuals seeking to fulfill postgraduate requirements for licensure when those individuals are supervised by a licensed professional consistent with the applicable regulations of the appropriate professional board;

(4) Duly recognized members of the clergy from providing alcohol and drug counseling in the course of their ministerial duties and consistent with the codes of ethics of their profession if they do not represent themselves to be alcohol and drug counselors;

(5) The incidental exchange of advice or support by persons who do not represent themselves as engaging in alcohol and drug counseling, including participation in self-help groups when the leaders of such groups receive no compensation for their participation and do not represent themselves as alcohol and drug counselors or their services as alcohol and drug counseling;

(6) Any person providing emergency crisis intervention or referral services; or

(7) Staff employed in a program designated by an agency of state government to provide rehabilitation and support services to individuals with alcohol or drug disorders from completing a rehabilitation assessment or preparing, implementing, and evaluating an individual rehabilitation plan.

Laws 2004, LB 1083, § 117;

R.S.Supp.,2006, § 71-1,353;

Laws 2007, LB463, § 163.
Neb. Rev. Stat. § 57-910.02 — NE Code / Chapter 57 / Section 57-910.02
View Statute 57-910.02
Status: in_force

Upon filing of an application for an order providing for the unit operation of a pool, pools, or part thereof, and for the pooling of the interests in the oil and gas in the proposed unit area, the commission shall promptly set the matter for hearing and in addition to the notice otherwise required by section 57-911 or the commission rules shall cause notice of the hearing to be given by certified mail at least fifteen days prior to the date of hearing to all persons whose names are required to be set forth in such application.

Laws 1965, c. 343, § 3, p. 976;

Laws 1967, c. 354, § 1, p. 939.
Neb. Rev. Stat. § 24-1103 — NE Code / Chapter 24 / Section 24-1103
View Statute 24-1103
Status: in_force

(1) The Chief Justice of the Supreme Court may call active judges of the district court to serve on the Court of Appeals in case of incapacity or absence for any reason whatsoever or temporary vacancy in the office of a judge of the Court of Appeals. Any active judge designated to serve on the Court of Appeals shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177 .

(2) The number of retired judges assigned to serve pursuant to subdivision (1) of section 24-729 may not at any one time exceed three, and no panel of the Court of Appeals may contain a majority of retired judges so assigned. Payments to a retired judge shall be made in the manner prescribed in sections 24-730 to 24-733 .

Laws 1991, LB 732, § 3;

Laws 2020, LB381, § 19.
Neb. Rev. Stat. § 38-2123 — NE Code / Chapter 71 / Section 38-2123
38-2123
Status: in_force

(1) A person who needs to obtain the required three thousand hours of supervised experience in mental health practice as specified in section 38-2122 to qualify for a mental health practitioner license shall obtain a provisional mental health practitioner license. To qualify for a provisional mental health practitioner license, such person shall:

(a) Have a master's degree, a doctoral degree, or the equivalent of a master's degree, as determined by the board, that consists of course work and training which was primarily therapeutic mental health in content and included a practicum or internship and was from a mental health program as specified in section 38-2122 ;

(b) Apply prior to earning the three thousand hours of supervised experience; and

(c) Pay the provisional mental health practitioner license fee.

(2) The rules and regulations approved by the board and adopted and promulgated by the department shall not require that the applicant have a supervisor in place at the time of application for a provisional mental health practitioner license.

(3) A provisional mental health practitioner license shall expire upon receipt of licensure as a mental health practitioner or five years after the date of issuance, whichever comes first.

(4) A person who holds a provisional mental health practitioner license shall inform all clients that he or she holds a provisional license and is practicing mental health under supervision and shall identify the supervisor. Failure to make such disclosure is a ground for discipline as set forth in section 38-2139 .

Laws 1997, LB 622, § 81;

Laws 2003, LB 242, § 73;

R.S.1943, (2003), § 71-1,314.01;

Laws 2007, LB463, § 741;

Laws 2018, LB1034, § 37.
Neb. Rev. Stat. § 52-128 — NE Code / Chapter 52 / Section 52-128
View Statute 52-128
Status: in_force

For the purpose of determining whether an owner is a contracting owner, agency is presumed, in the absence of clear and convincing evidence to the contrary, between employer and employee, between spouses, between joint tenants, and among tenants in common.

Laws 1981, LB 512, § 4.
Neb. Rev. Stat. § 8-336 — NE Code / Chapter 8 / Section 8-336
View Statute 8-336
Status: in_force

The Department of Banking and Finance, or any person authorized by it, shall, after having taken possession of the association under section 8-334 , and pending the further proceedings specified in sections 8-301 to 8-340.01 , prepare, or have prepared, a full and true exhibit of the affairs, property, and condition of such association, including an itemized statement of all its assets and liabilities. The department shall also receive and collect all debts, dues, and claims belonging to it, pay the immediate and reasonable expense of its trust, receive and receipt for all monthly payments becoming due after the date of coming into possession of the association, and keep the same separate and apart from the other money and effects of such association.

Laws 1899, c. 17, § 19c, p. 96;

R.S.1913, § 506;

Laws 1919, c. 190, tit. V, art. XIX, § 22, p. 733;

C.S.1922, § 8104;

C.S.1929, § 8-321;

R.S.1943, § 8-336;

Laws 2000, LB 932, § 12.
Neb. Rev. Stat. § 48-3602 — NE Code / Chapter 48 / Section 48-3602
View Statute 48-3602
Status: in_force

For purposes of the Nebraska Student-Athlete Name, Image, or Likeness Rights Act:

(1) Athletic grant-in-aid means the money given to a student-athlete by a postsecondary institution for tuition, fees, room, board, and textbooks as consideration for the student-athlete's participation in an intercollegiate sport for such postsecondary institution and does not include compensation for the use of the student-athlete's name, image, or likeness rights or athletic reputation;

(2) Collegiate athletic association means any athletic association, conference, or other group or organization with authority over intercollegiate sports;

(3) Compensation for the use of a student-athlete's name, image, or likeness rights or athletic reputation includes, but is not limited to, consideration received pursuant to an endorsement contract as defined in section 48-2602 ;

(4) Intercollegiate sport has the same meaning as in section 48-2602 ;

(5) Name, image, or likeness activity means an activity that involves the use of an individual's name, image, or likeness for commercial or promotional purposes;

(6) Postsecondary institution has the same meaning as in section 85-2403 ;

(7) Professional representation includes, but is not limited to, representation provided by an athlete agent holding a certificate of registration under the Nebraska Uniform Athlete Agents Act, a financial advisor registered under the Securities Act of Nebraska, or an attorney admitted to the bar by order of the Supreme Court of this state;

(8) Sponsor means an individual or organization that pays money or provides goods or services in exchange for advertising rights;

(9) Student-athlete has the same meaning as in section 48-2602 ; and

(10) Team contract means a contract between a postsecondary institution or a postsecondary institution's athletic department and a sponsor.

Laws 2020, LB962, § 2;

Laws 2022, LB1137, § 2;

Laws 2024, LB1393, § 2.

Nebraska Uniform Athlete Agents Act, see section 48-2601 .

Securities Act of Nebraska, see section 8-1123 .
Neb. Rev. Stat. § 71-2441 — NE Code / Chapter 71 / Section 71-2441
View Statute 71-2441
Status: in_force

(1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of donated immunosuppressant drugs and shall inspect all such drugs prior to dispensing to determine if the drugs are adulterated or misbranded as defined in section 71-2461 or 71-2470 or if the drugs bear an expiration date prior to the date of dispensing. Such drugs shall only be dispensed pursuant to a prescription issued by a prescribing practitioner. Such drugs may be distributed to another participant for dispensing.

(2) Immunosuppressant drugs donated under the program shall not be resold.

Laws 2006, LB 994, § 47;

Laws 2015, LB37, § 77.
Neb. Rev. Stat. § 30-2474 — NE Code / Chapter 30 / Section 30-2474
View Statute 30-2474
Status: in_force

Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless

(1) the will or a contract entered into by the decedent expressly authorized the transaction; or

(2) the transaction is approved by the court after notice to interested persons.

Laws 1974, LB 354, § 152, UPC § 3-713.

Evidence presented before a county court as to the amount which should be allowed by the court to reimburse an administratrix for expenses incurred in maintaining the decedent's cattle operation as an asset of decedent's estate where the administratrix was dealing with herself as landowner on which land the cattle grazed was not a contract as prohibited under this section as no money changed hands until after the reimbursement was presented to the court for approval with notice given to all interested parties. In re Estate of Kennedy, 220 Neb. 212, 369 N.W.2d 63 (1985).

Evidence presented before a county court as to the amount which should be allowed by the court to reimburse an administratrix for expenses incurred in maintaining the decedent's cattle operation as an asset of decedent's estate where the administratrix was dealing with herself as landowner on which land the cattle grazed was not a contract as prohibited under this section as no money changed hands until after the reimbursement was presented to the court for approval with notice given to all interested parties. In re Estate of Kennedy, 220 Neb. 212, 369 N.W.2d 63 (1985).
Neb. Rev. Stat. § 43-4615 — NE Code / Chapter 43 / Section 43-4615
View Statute 43-4615
Status: in_force

If a motion to grant custodial responsibility is filed under subsection (b) of section 43-4614 before a deploying parent deploys, the court shall conduct an expedited hearing.

Laws 2015, LB219, § 15.
Neb. Rev. Stat. § 58-211 — NE Code / Chapter 58 / Section 58-211
View Statute 58-211
Status: in_force

Financing agreement shall mean any contractual obligation between the authority and another entity with respect to the financing which shall include without limitation refinancing of a project or projects and shall include without limitation a lease agreement, loan agreement, sale contract, take-or-pay contract, or user agreement. The financing agreement shall provide for payments by such other entity to the authority in such amounts that the authority shall be able to pay on a timely basis interest on the bonds issued in connection with such agreement, the principal of such bonds, and any redemption prices or premiums with respect thereto. The financing agreement may provide that the obligation to make such payments shall be secured or evidenced in such manner as the authority deems appropriate to provide adequate security for the authority and the holders of the bonds issued in connection with such agreements. The financing agreement shall also contain provisions with respect to the acquisition, construction, rehabilitation, improvement, or refinancing of a project to effectuate the public purposes of the Nebraska Investment Finance Authority Act and provide that the agreement is not subject to assumption except under such circumstances as the authority determines are consistent with the public purposes to be carried out.

Laws 1983, LB 626, § 11;

Laws 1991, LB 253, § 14.
Neb. Rev. Stat. § 28-828 — NE Code / Chapter 28 / Section 28-828
View Statute 28-828
Status: in_force

In any proceeding, civil or criminal under sections 28-807 to 28-829 , the party charged with possession of any obscene material shall be required, upon application by petitioner and order of the court, to provide one copy of such material to petitioner to be used in the preparation and trial of such proceedings. Failure to comply with this section shall be punishable as contempt of court.

Laws 1977, LB 38, § 184.
Neb. Rev. Stat. § 45-743 — NE Code / Chapter 45 / Section 45-743
45-743
Status: in_force

(1) The director may, following a hearing under the Administrative Procedure Act and the rules and regulations adopted and promulgated under the act, impose an administrative fine against any officer, director, shareholder, partner, or member of a licensee, if the director finds the licensee or any such person participated in or had knowledge of any act prohibited by sections 45-737 , 45-740 , and 45-742 or otherwise violated the Residential Mortgage Licensing Act. Such administrative fine shall be in addition to or separate from any fine imposed against a licensee pursuant to section 45-742 .

(2) If the director finds, after notice and hearing in accordance with the Administrative Procedure Act and the rules and regulations adopted and promulgated under the act, that any person has knowingly committed any act prohibited by section 45-742 or otherwise violated the Residential Mortgage Licensing Act, the director may order such person to pay (a) an administrative fine of not more than five thousand dollars for each separate violation and (b) the costs of investigation.

(3) If a person fails to pay an administrative fine and the costs of investigation ordered pursuant to this section, a lien in the amount of such fine and costs may be imposed upon all assets and property of such person in this state and may be recovered in a civil action by the director. The lien shall attach to the real property of such person when notice of the lien is filed and indexed against the real property in the office of the register of deeds in the county where the real property is located. The lien shall attach to any other property of such person when notice of the lien is filed against the property in the manner prescribed by law. Failure of the person to pay such fine and costs shall constitute a separate violation of the act.

Laws 1995, LB 163, § 9;

Laws 2003, LB 218, § 12;

Laws 2006, LB 876, § 34;

R.S.Supp.,2008, § 45-717.01;

Laws 2009, LB328, § 28.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 49-769 — NE Code / Chapter 49 / Section 49-769
View Statute 49-769
Status: in_force

When one section of the statutes is amended in two or more bills in the same session of the Legislature and has not been correlated as a part of the normal legislative process and the amendments are entirely reconcilable and not in conflict with each other, it shall be the duty of the Revisor of Statutes to correlate them so as to reflect all such amendments and to cause the result to be published in the statutory supplement followed by a brief note explaining the action taken.

Laws 1979, LB 70, § 1.
Neb. Rev. Stat. § 46-678 — NE Code / Chapter 46 / Section 46-678
View Statute 46-678
Status: in_force

(1) Applications for permits required by section 46-677 shall be on forms provided by the Chief Water Officer and shall contain:

(a) A statement of the amount of ground water which the applicant proposes to use;

(b) A statement of the proposed use and whether the ground water will be transferred for use at a location other than the well site;

(c) A hydrologic evaluation of the impact of the proposed use on the surrounding area and on existing users;

(d) The date when the applicant expects to first use the ground water; and

(e) Such other relevant information as the Chief Water Officer may deem necessary or desirable.

(2) Such applications shall be accompanied by an exhibit of maps showing the location, depth, and capacity of the proposed water wells.

Laws 1981, LB 56, § 4;

Laws 1993, LB 131, § 35;

Laws 1993, LB 789, § 7;

Laws 2025, LB317, § 192.
Neb. Rev. Stat. § 30-2423 — NE Code / Chapter 30 / Section 30-2423
View Statute 30-2423
Status: in_force

The moving party must give notice as described by section 30-2220 of his intention to seek an appointment informally: (1) to any person demanding it pursuant to section 30-2413 ; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required, except as provided in section 30-2420(c) or in section 30-2483 .

Laws 1974, LB 354, § 101, UPC § 3-310.
Neb. Rev. Stat. § 48-2701 — NE Code / Chapter 48 / Section 48-2701
View Statute 48-2701
Status: in_force

Sections 48-2701 to 48-2711 shall be known and may be cited as the Professional Employer Organization Registration Act.

Laws 2010, LB579, § 1.
Neb. Rev. Stat. § 37-1291 — NE Code / Chapter 37 / Section 37-1291
View Statute 37-1291
Status: in_force

When an insurance company authorized to do business in Nebraska acquires a motorboat which has been properly titled and registered in a state other than Nebraska through payment of a total loss settlement on account of theft and the motorboat has not become unusable for transportation through damage and has not sustained any malfunction beyond reasonable maintenance and repair, the company shall obtain the certificate of title from the owner and may make application for a nontransferable certificate of title by surrendering the certificate of title to the county treasurer. A nontransferable certificate of title shall be issued in the same manner and for the same fee as provided for a certificate of title in sections 37-1275 to 37-1287 and shall be on a form prescribed by the Department of Motor Vehicles.

A motorboat which has a nontransferable certificate of title shall not be sold or otherwise transferred or disposed of without first obtaining a certificate of title under sections 37-1275 to 37-1287 .

When a nontransferable certificate of title is surrendered for a certificate of title, the application shall be accompanied by a statement from the insurance company stating that to the best of its knowledge the motorboat has not become unusable for transportation through damage and has not sustained any malfunction beyond reasonable maintenance and repair. The statement shall not constitute or imply a warranty of condition to any subsequent purchaser or operator of the motorboat.

Laws 1978, LB 21, § 74;

Laws 1989, LB 195, § 11;

Laws 1993, LB 235, § 44;

R.S.Supp.,1993, § 37-1274;

Laws 1994, LB 123, § 20;

Laws 1996, LB 464, § 26;

Laws 1998, LB 922, § 402;

Laws 1999, LB 176, § 126;

Laws 2004, LB 560, § 4;

Laws 2012, LB801, § 25.