reglab/housing_qa huggingface dataset:
NE Code § 75-369.04 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-369.04 - Civil penalty; order; contents; collection.

75-369.04.  Civil penalty; order; contents; collection.Any order issued by the Superintendent of Law Enforcement and Public Safety under section 75-369.03 shall include at least (1) the date of the order, (2) a description of each act or omission upon which the violation is based, (3) the manner in which and the place where the respondent may pay the civil penalty or request a hearing within fifteen business days after receipt of the order, and (4) a notice that if the respondent fails to respond to the order within fifteen business days after receipt of the order, the order shall automatically become final and the civil penalty may be collected by civil action in the district court of Lancaster County.Source  Laws 1994, LB 358, § 4.
NE Code § 75-369.05 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-369.05 - Notice or order; service.

75-369.05.  Notice or order; service.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.Source  Laws 1994, LB 358, § 5.
NE Code § 75-369.06 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-369.06 - Unpaid civil penalties; collection.

75-369.06.  Unpaid civil penalties; collection.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.Source   Laws 1994, LB 358, § 6;  Laws 2008, LB845, § 3.
NE Code § 75-369.07 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-369.07 - Summary order; hearing; procedure; final order; appeal.

75-369.07.  Summary order; hearing; procedure; final order; appeal.(1) If no hearing is requested and none is ordered by the Superintendent of Law Enforcement and Public Safety, the summary order shall automatically become a final order after fifteen business days after receipt of the order pursuant to section 75-369.05.(2) If a hearing is requested or ordered, the superintendent shall appoint as hearing officer an attorney licensed to practice law in Nebraska. Every hearing pursuant to sections 75-369.01 to 75-369.07 shall be conducted in accordance with the Administrative Procedure Act.(3) Every hearing in an administrative proceeding under this section shall be public unless the hearing officer grants a request joined in by all the respondents that the hearing be conducted privately.(4) Upon agreement by all the parties any time before or during the hearing under this section, the hearing officer may compromise, mitigate, or aggravate any civil penalty. In determining the amount of the civil penalty, the hearing officer shall consider the appropriateness of the civil penalty in light of the gravity of the violation and the good faith of such violator in attempting to achieve compliance after notification of the violation.(5) The hearing officer, within ten days after the conclusion of the hearing, shall make written findings of fact and conclusions of law to the superintendent. Such findings of fact and conclusions of law shall not be binding upon the superintendent.(6) If a hearing is requested or ordered, the superintendent, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination.(7) No final order or order after hearing may be returned by the superintendent without (a) appropriate notice to all interested persons, (b) opportunity for hearing to all interested persons, and (c) entry of written findings of fact and conclusions of law. Any order or decision of the superintendent may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.Source  Laws 1994, LB 358, § 7. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 75-370 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-370 - Insurance, bond, certificate, and permit requirements; enforcement; duties.

75-370.  Insurance, bond, certificate, and permit requirements; enforcement; duties.Enforcement of sections 75-307 and 75-309 shall be carried out by the carrier enforcement division of the Nebraska State Patrol or the Nebraska State Patrol pursuant to the rules and regulations adopted and promulgated by the commission to enforce such sections. Any violation of such sections by any regulated motor carrier, motor carrier, or private carrier shall be referred to the commission for disposition under section 75-156, and the commission may take any other action provided by section 75-133.Source   Laws 1990, LB 980, § 32;   Laws 1994, LB 414, § 80;   Laws 1995, LB 424, § 49;   Laws 1996, LB 1218, § 63;  Laws 2006, LB 1069, § 4;  Laws 2007, LB358, § 15.
NE Code § 75-371 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-371 - Insurance, bond, certificate, and permit requirements; violations; penalty.

75-371.  Insurance, bond, certificate, and permit requirements; violations; penalty.Any person, private carrier, common carrier, or contract carrier which operates any motor vehicle in violation of section 75-307 or any rule, regulation, or order of the commission pertaining to such section shall be guilty of a Class IV misdemeanor. Each day of such violation shall constitute a separate offense.Source   Laws 1990, LB 980, § 33;   Laws 1994, LB 414, § 81;   Laws 1995, LB 424, § 50;   Laws 1996, LB 1218, § 64;  Laws 2006, LB 1069, § 5;  Laws 2007, LB358, § 16.
NE Code § 75-385 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-385 - Division of Motor Carrier Services; established; Administrator of Motor Carrier Services.

75-385.  Division of Motor Carrier Services; established; Administrator of Motor Carrier Services.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.Source   Laws 1996, LB 1218, § 1;  Laws 2018, LB177, § 15.
NE Code § 75-386 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-386 - Division of Motor Carrier Services; duties.

75-386.  Division of Motor Carrier Services; duties.The Division of Motor Carrier Services shall:(1) Foster, promote, and preserve the motor carrier industry of the State of Nebraska;(2) Protect and promote the public health and welfare of the citizens of the state by ensuring that the motor carrier industry is operated in an efficient and safe manner;(3) Promote and provide for efficient and uniform governmental oversight of the motor carrier industry;(4) Promote financial responsibility on the part of motor carriers operating in and through the State of Nebraska;(5) Administer all provisions of the International Fuel Tax Agreement Act, the International Registration Plan Act, and the unified carrier registration plan and agreement pursuant to sections 75-392 to 75-3,100;(6) Provide for the issuance of certificates of title to apportioned registered motor vehicles as provided for by subsection (6) of section 60-144; and(7) Carry out such other duties and responsibilities as directed by the Legislature.Source   Laws 1996, LB 1218, § 2;  Laws 2003, LB 563, § 41;  Laws 2005, LB 276, § 110;  Laws 2005, LB 284, § 4;  Laws 2007, LB358, § 17;  Laws 2009, LB331, § 18;  Laws 2020, LB944, § 82.  Cross References   International Fuel Tax Agreement Act, see section 66-1401.  International Registration Plan Act, see section 60-3,192.
NE Code § 75-389 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-389 - Rules and regulations.

75-389.  Rules and regulations.The Division of Motor Carrier Services shall adopt and promulgate rules and regulations necessary to carry out its powers and duties.Source  Laws 1996, LB 1218, § 5.
NE Code § 75-391 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-391 - Motor carrier transportation contracts; exculpatory provisions prohibited.

75-391.  Motor carrier transportation contracts; exculpatory provisions prohibited.(1) A provision, a clause, a covenant, or an agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless or has the effect of indemnifying, defending, or holding harmless the motor carrier transportation contract's promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the motor carrier transportation contract's promisee or any agents, employees, servants, or independent contractors who are directly responsible to the motor carrier transportation contract's promisee, is against the public policy of this state and is unenforceable.(2) Nothing contained in this section affects a provision, a clause, a covenant, or an agreement in which a motor carrier indemnifies or holds harmless a motor carrier transportation contract's promisee against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier or its agents, employees, servants, or independent contractors who are directly responsible to the motor carrier.(3) As used in this section:(a) Motor carrier means any person who or which owns, controls, manages, operates, or causes to be operated any motor vehicle used to transport goods over any public highway in this state, whether in intrastate or interstate commerce;(b) Motor carrier transportation contract means a contract, agreement, or understanding covering:(i) The transportation of property for compensation or hire by a motor carrier;(ii) The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or(iii) A service incidental to activity described in subdivision (i) or (ii) of this subdivision, including, but not limited to, storage of property.A motor carrier transportation contract does not include provisions of the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other provision, clause, covenant, or agreement providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment; and(c) Promisee means the party to a motor carrier transportation contract who or which is not a motor carrier or, if the promisee is a motor carrier, is not the motor carrier actually doing the transporting.Source Laws 2006, LB 1007, § 21.
NE Code § 75-392 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-392 - Terms, defined.

75-392.  Terms, defined.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, 2021.Source  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.   Effective Date: August 28, 2021
NE Code § 75-393 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-393 - Unified carrier registration plan and agreement; director; powers.

75-393.  Unified carrier registration plan and agreement; director; powers.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, 2021, and may file on behalf of this state the plan required by such plan and agreement for enforcement of the act in this state.Source  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.   Effective Date: August 28, 2021
NE Code § 75-394 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-394 - Registration under unified carrier registration plan and agreement; fees; authorization to accept registration.

75-394.  Registration under unified carrier registration plan and agreement; fees; authorization to accept registration.(1) No foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder shall operate any motor vehicle on a highway of this state or in interstate commerce without first being registered in this state or another jurisdiction pursuant to the unified carrier registration plan and agreement and having paid all fees required under the unified carrier registration plan and agreement for such registration. A motor carrier, private carrier, leasing company, broker, or freight forwarder with its principal place of business in this state shall register in this state with and pay its required registration fees to the division. The division shall remit the fees to the State Treasurer for credit to the General Fund.(2) The division may accept the registration of and fees required from a foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder that maintains an office in this state but does not have its principal place of business in the United States or that maintains an office in this state but has its principal place of business in another jurisdiction that does not participate in the unified carrier registration plan and agreement. The division shall remit the fees to the State Treasurer for credit to the General Fund.Source  Laws 2007, LB358, § 3;  Laws 2009, LB331, § 20.
NE Code § 75-396 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-396 - Rules and regulations.

75-396.  Rules and regulations.The director may adopt and promulgate rules and regulations to carry out the unified carrier registration plan and agreement.Source  Laws 2007, LB358, § 5;  Laws 2009, LB331, § 21.
NE Code § 75-397 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-397 - Forms and electronic systems to allow filings.

75-397.  Forms and electronic systems to allow filings.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.Source  Laws 2007, LB358, § 6;  Laws 2009, LB331, § 22.
NE Code § 75-398 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-398 - Violations; penalty.

75-398.  Violations; penalty.Any foreign or domestic motor carrier, private carrier, leasing company, broker, or freight forwarder operating any motor vehicle in violation of sections 75-392 to 75-3,100, any rule or regulation adopted and promulgated pursuant to such sections, or any order of the division issued pursuant to such sections is guilty of a Class IV misdemeanor and shall also be subject to section 75-369.03. Each day of the violation constitutes a separate offense.Source  Laws 2007, LB358, § 7;  Laws 2009, LB331, § 23;  Laws 2020, LB944, § 85.
NE Code § 75-399 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-399 - Sections not applicable to intrastate commerce.

75-399.  Sections not applicable to intrastate commerce.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.Source  Laws 2007, LB358, § 8;  Laws 2020, LB944, § 86.
NE Code § 75-3,100 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-3,100 - Registration; suspend, revoke, cancel, or refuse to issue or renew; conditions; notice; hearing; petition.

75-3,100.  Registration; suspend, revoke, cancel, or refuse to issue or renew; conditions; notice; hearing; petition.(1) The director may suspend, revoke, cancel, or refuse to issue or renew a registration pursuant to the unified carrier registration plan and agreement:(a) If the applicant or registrant has had his or her license issued under the International Fuel Tax Agreement Act revoked or the director refused to issue or refused to renew such license;(b) If the applicant's or registrant's registration certificate issued pursuant to the International Registration Plan Act has been suspended, revoked, or canceled or the director refused to issue or renew such certificate; or(c) If the applicant or registrant is in violation of sections 75-392 to 75-3,100.(2) Prior to taking any action pursuant to subsection (1) of this section, the director shall notify and advise the applicant or registrant of the proposed action and the reasons for such action in writing, by regular United States mail, to the last-known business address as shown on the application for the registration or renewal. The notice shall also include an advisement of the procedures in subsection (3) of this section.(3) The applicant or registrant may, within thirty days after the mailing of the notice, petition the director in writing for a hearing to contest the proposed action. The hearing shall be commenced in accordance with the Administrative Procedure Act. If a petition is filed, the director shall, within twenty days after receipt of the petition, set a hearing date at which the applicant or registrant may show cause why the proposed action should not be taken. The director shall give the applicant or registrant reasonable notice of the time and place of the hearing. If the director's decision is adverse to the applicant or registrant, such person may appeal the decision in accordance with the Administrative Procedure Act.(4) The filing of the petition shall stay any action by the director until a hearing is held and a final decision and order is issued.(5) If no petition is filed at the expiration of thirty days after the date on which the notification was mailed, the director may take the proposed action described in the notice.(6) If, in the judgment of the director, the applicant or registrant has complied with or is no longer in violation of the provisions for which the director took action under this section, the director may reinstate the registration without delay.Source  Laws 2020, LB944, § 87;  Laws 2021, LB113, § 33.   Operative Date: August 28, 2021  Cross References   Administrative Procedure Act, see section 84-920.  International Fuel Tax Agreement Act, see section 66-1401.  International Registration Plan Act,  see section 60-3,192.
NE Code § 75-401 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-401 - Public Service Commission; jurisdiction; railroad safety; enforcement.

75-401.  Public Service Commission; jurisdiction; railroad safety; enforcement.The commission shall exercise jurisdiction over the service, facilities, and equipment of all railroad carriers in this state. This jurisdiction shall extend and apply to the general public, as well as those having business relations with the railroad carrier. Sections 75-401 to 75-430 shall not be construed as giving the commission jurisdiction or control over the relations between any railroad carrier and its employees, or its employees' order, union, or other bargaining agent, either contractual or otherwise, except as provided in sections 75-419 to 75-426.The commission shall enforce the standards of railroad safety set forth in 49 C.F.R. parts 213, 215, 223, 229, 231, and 232.Source   Laws 1963, c. 425, art. IV, § 1, p. 1398;   Laws 1994, LB 414, § 82.  Annotations Powers of Railway Commission hereunder are not limited by statute authorizing enforcement by injunction in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).
NE Code § 75-401.01 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-401.01 - Railroads; discontinue agency service or close station; hearing.

75-401.01.  Railroads; discontinue agency service or close station; hearing.In all applications before the commission to discontinue agency service or to close a railroad station or the substitution therefor of other methods of transacting business with patrons of the carrier, which applications have been protested, the commission shall conduct a hearing within the city or village served by the station sought to be affected at a suitable place meeting the convenience of the public to appear at such hearing or at the county seat of the county in which the station sought to be affected is located. If more than one city or village is included in the application, the hearing shall be held at as centrally located a meeting place as practicable to the cities or villages involved or at the county seat of the most centrally located city or village involved. If the stations involved are situated in more than one county and when the stations involved are more than thirty miles from the point where the hearing is initially held, a hearing shall be held in the seat of each such county unless waived by the affected protestants. When more than one hearing is required under this section, the commission shall designate the first hearing for the taking of testimony of the applicant and such evidence as any protestant may wish to offer. Subsequent hearings shall be for the purpose of taking the testimony of other protestants.Source   Laws 1967, c. 472, § 1, p. 1467;   Laws 1994, LB 414, § 83.
NE Code § 75-402 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-402 - Terms, defined.

75-402.  Terms, defined.As used in sections 75-401 to 75-430, and in all rules and regulations prescribed by the commission, unless the context otherwise requires:(1) Railroad carrier shall mean any common carrier engaged in the carrying of freight or passengers over any line of railroad, or part thereof, within the State of Nebraska; and(2) Railroad shall mean any line of railroad track, or part thereof, located within the State of Nebraska.Source   Laws 1963, c. 425, art. IV, § 2, p. 1398;   Laws 1994, LB 414, § 84.
NE Code § 75-403 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-403 - Railroads; violation of orders of commission; civil liability; defenses precluded.

75-403.  Railroads; violation of orders of commission; civil liability; defenses precluded.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.Source   Laws 1963, c. 425, art. IV, § 3, p. 1399;   Laws 1965, c. 446, § 5, p. 1418.