reglab/housing_qa huggingface dataset:
NE Code § 71-1357 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1357 - Crematory; license required.

71-1357.  Crematory; license required.A crematory shall not be established, operated, or maintained in this state except by a crematory authority licensed by the department under the Cremation of Human Remains Act. The department shall issue a license to a crematory authority that satisfies the requirements for licensure under the act. Human remains shall not be cremated in this state except at a crematory operated by a crematory authority licensed under the act.Source  Laws 2003, LB 95, § 3;  Laws 2007, LB463, § 1187.
NE Code § 71-1358 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1358 - Crematory; building and location requirements.

71-1358.  Crematory; building and location requirements.(1) A crematory shall conform to all building codes and environmental regulations.(2) A crematory may be constructed at any location consistent with applicable zoning and environmental regulations.Source Laws 2003, LB 95, § 4.
NE Code § 71-1359 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1359 - License; application; requirements; fee.

71-1359.  License; application; requirements; fee.An applicant for an initial or renewal license as a crematory authority shall file a written application with the department. The application shall be accompanied by the license fee required under section 71-1363 and a certificate confirming that the crematory operator has attended, prior to issuance of the license, a training course provided by the Cremation Association of North America or by the manufacturer of the cremation chamber maintained and operated by the crematory authority and shall set forth the full name and address of the applicant, the address and location of the crematory, the name of the crematory operator, the name and address of the owner of the crematory, and additional information as required by the department, including affirmative evidence of the applicant's ability to comply with rules and regulations adopted and promulgated under the Cremation of Human Remains Act. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and may only be used for administrative purposes.Source Laws 2003, LB 95, § 5.
NE Code § 71-1360 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1360 - License; expiration.

71-1360.  License; expiration.Except as otherwise provided in the Cremation of Human Remains Act, licenses issued pursuant to the act shall expire five years after the date of issuance. Licenses shall be issued only for the crematory authority named in the application and shall not be transferable or assignable.Source Laws 2003, LB 95, § 6.
NE Code § 71-1361 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1361 - Crematory; change in location, ownership, or name; application; requirements; fee.

71-1361.  Crematory; change in location, ownership, or name; application; requirements; fee.(1) A crematory authority desiring to relocate a crematory shall file a written application with the department at least thirty days prior to the designated date of such relocation. The application shall be accompanied by a fee determined by the department in rules and regulations.(2) A crematory authority desiring to change ownership of a crematory shall file a written application with the department at least thirty days prior to the designated date of such change. The application shall be accompanied by a fee determined by the department in rules and regulations.(3) A crematory authority desiring to change its name shall file a written application with the department at least thirty days prior to such change. The application shall be accompanied by a fee determined by the department in rules and regulations.Source  Laws 2003, LB 95, § 7;  Laws 2007, LB463, § 1188.
NE Code § 71-1362 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1362 - Provisional license.

71-1362.  Provisional license.A provisional license may be issued to a crematory authority that substantially complies with requirements for licensure under the Cremation of Human Remains Act and rules and regulations adopted and promulgated under the act. Such provisional license shall be valid for a period of up to one year, shall not be renewed, and may be converted to a regular license upon a showing that the crematory authority fully complies with the requirements for licensure under the act and rules and regulations.Source Laws 2003, LB 95, § 8.
NE Code § 71-1363 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1363 - Licensure; fees.

71-1363.  Licensure; fees.(1) The fee for an initial or renewal license as a crematory authority shall include a fee determined by the department in rules and regulations.(2) If the license application is denied, the license fee shall be returned to the applicant, except that the department may retain up to twenty-five dollars as an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.(3) The department shall collect the same fee as provided in subsection (1) of this section for reinstatement of a license that has lapsed or has been suspended. The department shall collect a fee of ten dollars for a duplicate original license.(4) The department shall collect a fee of twenty-five dollars for a certified statement that a crematory authority is licensed in this state and a fee of five dollars for verification that a crematory authority is licensed in this state.(5) The department shall adopt and promulgate rules and regulations for the establishment of fees under the Cremation of Human Remains Act.(6) The department shall collect fees authorized under the act and shall remit such fees to the State Treasurer for credit to the Health and Human Services Cash Fund. Such fees shall only be used for activities related to the licensure of crematory authorities.Source  Laws 2003, LB 95, § 9;  Laws 2007, LB296, § 470;  Laws 2007, LB463, § 1189.
NE Code § 71-1364 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1364 - Department; inspection; report; duties; noncompliance; procedure.

71-1364.  Department; inspection; report; duties; noncompliance; procedure.(1) The department may inspect or provide for the inspection of any crematory operated by a crematory authority licensed under the Cremation of Human Remains Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department.(2) The department shall issue an inspection report and provide a copy of the report to the crematory authority within ten working days after the completion of an inspection. The department shall review any findings of noncompliance contained in such report within twenty working days after such inspection.(3) If the department determines, after such review, that the evidence supports a finding of noncompliance by a crematory authority with any applicable provisions of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act, the department may send a letter to the crematory authority requesting a statement of compliance. The letter shall include a description of each alleged violation, a request that the crematory authority submit a statement of compliance within ten working days, and a notice that the department may take further action if the statement of compliance is not submitted. The statement of compliance shall indicate any actions by the crematory authority which have been or will be taken and the period of time estimated to be necessary to correct each alleged violation. If the crematory authority fails to submit such statement of compliance or fails to make a good faith effort to correct the alleged violations, the department may take further action as provided in sections 71-1366 to 71-1369.Source Laws 2003, LB 95, § 10.
NE Code § 71-1365 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1365 - Complaints; department; duties; confidentiality; immunity.

71-1365.  Complaints; department; duties; confidentiality; immunity.(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints and determine whether to conduct an investigation relating to such complaints.(2) A complaint submitted to the department under this section shall be confidential. A person submitting such complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting the complaint or for disclosure of documents, records, or other information to the department relating to such complaint.Source Laws 2003, LB 95, § 11.
NE Code § 71-1366 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1366 - Imminent danger; department; powers.

71-1366.  Imminent danger; department; powers.(1) If the director determines that a crematory authority is operating a crematory so as to create an imminent danger of death or serious physical harm to persons employed at or in proximity to such crematory, he or she may order the temporary suspension or temporary limitation of the license of the crematory authority and may order the temporary closure of the crematory pending further action by the department. A hearing shall be held by the department no later than ten days after the date of such order. The department shall also simultaneously institute proceedings for revocation, suspension, or limitation of the license of the crematory authority.(2) A continuance of the hearing under subsection (1) of this section shall be granted by the department upon written request from the crematory authority. Such continuance shall not exceed thirty days.(3) A temporary suspension or temporary limitation order by the director under this section shall take effect when served upon the crematory authority and shall not exceed ninety days. If further action is not taken by the department within such period, the temporary suspension or temporary limitation shall expire.Source Laws 2003, LB 95, § 12.
NE Code § 71-1367 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1367 - Deny or refuse to renew license; disciplinary action; grounds.

71-1367.  Deny or refuse to renew license; disciplinary action; grounds.The department may deny or refuse to renew a license under the Cremation of Human Remains Act or take disciplinary action against a crematory authority licensed under the act as provided in section 71-1368 on any of the following grounds:(1) Violation of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act;(2) Conviction of any crime involving moral turpitude;(3) Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony and which has a rational connection with the fitness or capacity of the crematory authority to operate a crematory;(4) Conviction of a violation pursuant to section 71-1371;(5) Obtaining a license as a crematory authority by false representation or fraud;(6) Misrepresentation or fraud in the operation of a crematory; or(7) Failure to allow access by an agent or employee of the Department of Health and Human Services to a crematory operated by the crematory authority for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of such department.Source  Laws 2003, LB 95, § 13;  Laws 2007, LB296, § 471.
NE Code § 71-1368 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1368 - Disciplinary actions; fine; disposition.

71-1368.  Disciplinary actions; fine; disposition.(1) The department may impose any one or more of the following types of disciplinary action against a crematory authority licensed under the Cremation of Human Remains Act:(a) A fine not to exceed five hundred dollars per violation;(b) A limitation on the license and upon the right of the crematory authority to operate a crematory to the extent, scope, or type of operation, for such time, and under such conditions as the director finds necessary and proper;(c) Placement of the license on probation for a period not to exceed two years during which the crematory may continue to operate under terms and conditions fixed by the order of probation;(d) Suspension of the license for a period not to exceed two years during which the crematory may not operate; and(e) Revocation and permanent termination of the license.(2) Any fine imposed and unpaid under the Cremation of Human Remains Act 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 any proper form of action in the name of the State of Nebraska in the district court of the county in which the crematory is located. The department shall remit fines to the State Treasurer, within thirty days after receipt, for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source  Laws 2003, LB 95, § 14;  Laws 2007, LB296, § 472.
NE Code § 71-1369 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1369 - Appeal.

71-1369.  Appeal.Any party to a decision of the department under the Cremation of Human Remains Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.Source Laws 2003, LB 95, § 15. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 71-1370 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1370 - License; reinstatement or relicensure.

71-1370.  License; reinstatement or relicensure.(1) If the license of a crematory authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the department and payment of the applicable fee as provided in section 71-1363.(2) If the license of a crematory authority has been placed on probation, such license shall be eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the department determines an inspection is warranted.(3) If the license of a crematory authority has been suspended, such license shall be eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable fee as provided in section 71-1363.(4) If the license of a crematory authority has been suspended, such license may be reinstated by the department prior to the completion of the term of suspension upon petition by the licensee. After reviewing such petition and any material submitted by the licensee with such petition, the department may order an inspection or investigation of the licensee. Based on such review and such inspection or investigation, if any, the director shall (a) grant full reinstatement of the license, (b) modify the suspension, or (c) deny the petition for reinstatement. The director's decision shall become final thirty days after mailing the decision to the licensee unless the licensee requests a hearing within such period. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases.(5) If the license of a crematory authority has been revoked, such crematory authority shall not be eligible for relicensure until five years after the date of such revocation. A reapplication for an initial license may be made by the crematory authority at the end of such five-year period.(6) The department may adopt and promulgate rules and regulations to carry out this section.Source Laws 2003, LB 95, § 16.
NE Code § 71-1371 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1371 - Nuisance; abatement; acts prohibited; penalty.

71-1371.  Nuisance; abatement; acts prohibited; penalty.(1) Maintaining or operating a crematory in violation of the Cremation of Human Remains Act or any rules and regulations of the department adopted and promulgated under the act is a public nuisance and may be abated as a nuisance as provided by law.(2) It is a Class III misdemeanor to (a) establish, operate, or maintain a crematory subject to the Cremation of Human Remains Act without being licensed as a crematory authority under the act, (b) hold oneself out to the public as a crematory authority without being licensed under the act, or (c) perform a cremation without a cremation authorization form signed by the authorizing agent and a completed permit for transit or cremation as provided by the department or a cremation permit.(3) Signing a cremation authorization form with actual knowledge that the form contains false, incorrect, or misleading information is a Class III misdemeanor.(4) A violation of any other provision of the Cremation of Human Remains Act is a Class III misdemeanor.Source Laws 2003, LB 95, § 17.
NE Code § 71-1372 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1372 - Injunction; authorized.

71-1372.  Injunction; authorized.The department may maintain an action in the name of the State of Nebraska for an injunction against any person for establishing, operating, or maintaining a crematory without first obtaining a license as a crematory authority under the Cremation of Human Remains Act. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a crematory without obtaining a license as a crematory authority under the act, without alleging any further or more particular facts concerning the same.Source Laws 2003, LB 95, § 18.
NE Code § 71-1373 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1373 - Cremation; right to authorize.

71-1373.  Cremation; right to authorize.The right to authorize the cremation of human remains and the final disposition of the cremated remains, except in the case of a minor subject to section 23-1824 and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need contract, vests pursuant to section 30-2223.Source  Laws 2003, LB 95, § 19;  Laws 2007, LB463, § 1190;  Laws 2014, LB998, § 16.
NE Code § 71-1374 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1374 - Crematory authority; delivery receipt form; duties.

71-1374.  Crematory authority; delivery receipt form; duties.(1) A crematory authority upon receiving human remains shall sign a delivery receipt form and shall hold the human remains, prior to cremation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the signatures of the owner of the crematory or his or her representative and the funeral director or his or her representative.(2) If a crematory authority is unable to cremate the human remains immediately upon taking receipt thereof, the crematory authority shall place the human remains in a holding facility. A holding facility shall be designed and constructed to (a) comply with all applicable public health laws, (b) provide for the health and safety of persons employed at such facility, and (c) prevent any unauthorized access to such facility.(3) A crematory authority may refuse to accept for holding an alternative container or casket from which there is any evidence of leakage of the body fluids from the human remains in the container.(4) If human remains received by the crematory authority are not embalmed, such remains shall be held no longer than twenty-four hours from the time of death unless the human remains are placed within a refrigerated facility in accordance with the laws of this state.Source Laws 2003, LB 95, § 20.
NE Code § 71-1375 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1375 - Crematory operation; limitations.

71-1375.  Crematory operation; limitations.(1) No person shall be permitted in a crematory, unless authorized by the crematory authority, while any human remains are in the crematory awaiting cremation, being cremated, or being removed from the cremation chamber.(2) The human remains of more than one person shall not be simultaneously cremated within the same cremation chamber unless the crematory authority has received specific written authorization from the authorizing agent for the human remains to be so cremated.Source Laws 2003, LB 95, § 21.
NE Code § 71-1376 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1376 - Crematory authority; operation; requirements.

71-1376.  Crematory authority; operation; requirements.(1) A crematory authority shall not accept human remains for cremation without a proper label indicating the name of the deceased and the name and location of the funeral establishment placed on the exterior of the alternative container or casket.(2) No crematory authority shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket. No crematory authority shall refuse to accept human remains for cremation if the human remains are not in a casket.(3) No crematory authority shall accept human remains for cremation unless the human remains are delivered to the crematory authority in an alternative container or casket or delivered to the crematory authority's holding facility to be placed in an alternative container or casket. Human remains delivered to a crematory in an alternative container shall not be removed from the alternative container, and the alternative container shall be cremated with the human remains. A crematory authority may refuse (a) a noncombustible casket or any other container that is not an alternative container or (b) a casket or container that is not labeled as required under subsection (1) of this section.(4) An alternative container shall:(a) Be composed of readily combustible materials suitable for cremation;(b) Be able to be closed to provide for complete encasement of the human remains;(c) Be resistant to leakage or spillage;(d) Be rigid enough for easy handling; and(e) Provide protection for the health and safety of persons handling such container.Source Laws 2003, LB 95, § 22.