reglab/housing_qa huggingface dataset:
NE Code § 85-1602 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1602 - Act, purpose.

85-1602.  Act, purpose.It is the purpose of the Private Postsecondary Career School Act to provide for the protection, education, and welfare of the citizens of the State of Nebraska, its private postsecondary career schools, and its students by:(1) Establishing minimum standards concerning quality of education, ethical and business practices, health and safety, and fiscal responsibility in order to protect against substandard, transient, unethical, deceptive, or fraudulent schools and practices;(2) Prohibiting the granting of false educational credentials;(3) Prohibiting misleading literature, advertising, solicitation, or representation by schools or their agents;(4) Providing for the preservation of essential records; and(5) Providing certain rights and remedies to the consuming public and the board necessary to effectuate the purposes of the act.Source   Laws 1977, LB 486, § 2;   Laws 1990, LB 488, § 2;   R.S.1943, (1994), § 79-2802;   Laws 1995, LB 4, § 2.
NE Code § 85-1604 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1604 - Education and schools; exempt from act.

85-1604.  Education and schools; exempt from act.The following education and schools are exempted from the Private Postsecondary Career School Act:(1) Schools exclusively offering instruction at any or all levels from preschool through the twelfth grade;(2) Education sponsored by a bona fide trade, business, professional, or fraternal organization which is offered solely for that organization's membership or offered without charge;(3) Education provided by or funded by an employer and offered solely to its employees for the purpose of improving such persons in such employment;(4) Education solely avocational or recreational in nature as determined by the department;(5) Educational programs offered by a charitable institution, organization, or agency as long as such education or training is not advertised or promoted as leading toward occupational objectives;(6) Public postsecondary schools established, operated, and governed by this state or its political subdivisions or similar entities in other states as determined by the department;(7) Schools or organizations offering education or instruction that is not part of a degree program leading to an associate, a baccalaureate, a graduate, or a professional degree which are licensed and regulated by agencies of this state other than the department, except that such schools or organizations shall not be exempt from the act with respect to agents' permits and the Tuition Recovery Cash Fund;(8) Schools or organizations which offer education or instruction and which are licensed and regulated solely by an agency of the federal government with respect to curriculum and qualifications of instructional staff;(9) Any postsecondary institution offering or proposing to offer courses or programs leading to a baccalaureate, graduate, or professional degree, but whose offerings may include associate degree programs, diplomas, and other certificates based on the award of college credit, including any such institutions that were regulated prior to May 5, 2011, as private postsecondary career schools pursuant to the Private Postsecondary Career School Act;(10) Entities exclusively offering short-term training; and(11) Distance education programs offered by out-of-state schools authorized in accordance with an interstate reciprocity agreement for the provision of postsecondary distance education across state boundaries entered into and administered pursuant to subdivisions (5) and (6) of section 85-2405.Source   Laws 1977, LB 486, § 4;   Laws 1980, LB 774, § 1;   Laws 1982, LB 370, § 2;   Laws 1990, LB 488, § 4;   Laws 1993, LB 348, § 57;   R.S.1943, (1994), § 79-2804;   Laws 1995, LB 4, § 4;  Laws 2003, LB 685, § 31;  Laws 2011, LB637, § 30;  Laws 2013, LB410, § 19;  Laws 2014, LB967, § 26.
NE Code § 85-1605 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1605 - Department; administer act; personnel.

85-1605.  Department; administer act; personnel.The department shall administer the Private Postsecondary Career School Act and for the purposes thereof shall employ such personnel as may be necessary. To effectuate the purposes of the act, the department may request from any department, division, board, bureau, commission, or other agency of the state, and the same shall provide, such information as will enable the department to exercise properly its powers and perform its duties under the act.Source   Laws 1977, LB 486, § 5;   Laws 1990, LB 488, § 5;   R.S.1943, (1994), § 79-2805;   Laws 1995, LB 4, § 5.
NE Code § 85-1606 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1606 - Board; powers and duties; rules and regulations.

85-1606.  Board; powers and duties; rules and regulations.The board has the following powers and duties in the administration of the Private Postsecondary Career School Act:(1) To establish minimum standards in conformity with section 85-1608, including quality of education, ethical and business practices, health and safety, and fiscal responsibility. Applicants for authorization to operate or for an agent's permit shall meet minimum standards before such authorization or permit may be issued or to continue such authorization or permit in effect. The standards to be developed under this subdivision shall be such as will effectuate the purposes of the act but will not unreasonably hinder legitimate educational innovation;(2) To receive, investigate as it may deem necessary, and act upon applications for authorization to operate a private postsecondary career school and applications for an agent's permit;(3) To maintain a list of private postsecondary career schools authorized to operate in this state and agents' permits which shall be available for the information of the public;(4) To receive and cause to be maintained as a permanent file copies of records in conformity with section 85-1644;(5) To establish fees for applications for authorization to operate, for agent's permits, and for accreditation. The fees shall be not more than the amount necessary to cover the cost of administration of the act; and(6) To adopt and promulgate rules, regulations, and procedures necessary and appropriate for the conduct of its work and the implementation of the act.Source   Laws 1977, LB 486, § 6;   Laws 1990, LB 488, § 6;   R.S.1943, (1994), § 79-2806;   Laws 1995, LB 4, § 6;  Laws 1999, LB 489, § 1.
NE Code § 85-1607 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1607 - Advisory council; members; appointment; term; duties.

85-1607.  Advisory council; members; appointment; term; duties.The board shall appoint an advisory council of six representatives of private postsecondary career schools. Members of the council shall include representatives from a business school, a trade or technical school, a better business bureau, and three other distinct areas of education. Members of the council shall serve staggered terms of three years each as established by the board at the time of initial appointment. If a vacancy occurs on the council, the board shall appoint a successor in the same category as the predecessor. The advisory council shall have the following responsibilities:(1) To advise the department in its administration of the Private Postsecondary Career School Act; and(2) To review the rules and regulations adopted or proposed for adoption by the department and make recommendations with respect thereto.Source   Laws 1977, LB 486, § 7;   Laws 1990, LB 488, § 7;   R.S.1943, (1994), § 79-2807;   Laws 1995, LB 4, § 7.
NE Code § 85-1608 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1608 - Private postsecondary career school; minimum standards.

85-1608.  Private postsecondary career school; minimum standards.The board shall adopt and promulgate rules and regulations to establish minimum standards according to which a private postsecondary career school shall be maintained and operated in the state. A new school shall demonstrate that it can be maintained and operated in accordance with such standards. The standards shall include, but not be limited to, provisions on educational quality, facilities, equipment, qualification of administrators and instructors, publication of catalogs, credentials awarded, records, building and sanitation standards, financial stability, advertising, refund of unearned tuition and fees, and any other aspects deemed necessary by the board.Source   Laws 1977, LB 486, § 8;   Laws 1990, LB 488, § 8;   R.S.1943, (1994), § 79-2808;   Laws 1995, LB 4, § 8.
NE Code § 85-1609 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1609 - Accreditation; effect.

85-1609.  Accreditation; effect.Accreditation by accrediting agencies recognized by the United States Department of Education such as the Association of Independent Colleges and Schools, the Accrediting Council for Continuing Education and Training, the National Accrediting Association of Cosmetology Arts and Sciences, or the National Association of Trade and Technical Schools may be accepted by the department as evidence of compliance with the minimum standards established pursuant to sections 85-1606 and 85-1608. Accreditation by a recognized, specialized accrediting agency such as the Council on Medical Education of the American Medical Association, the Commission on Accreditation of the American Dental Association, or the American Veterinary Medical Association may be accepted as evidence of such compliance only as to the portion or program of a school accredited by such agency if the school as a whole is not accredited.Source   Laws 1977, LB 486, § 10;   Laws 1990, LB 488, § 9;   R.S.1943, (1994), § 79-2810;   Laws 1995, LB 4, § 9;  Laws 2021, LB528, § 54.   Operative Date: August 28, 2021
NE Code § 85-1610 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1610 - Prohibited acts; enumerated.

85-1610.  Prohibited acts; enumerated.No entity of whatever kind, alone or in concert with others, shall:(1) Operate in this state a private postsecondary career school not exempted from the Private Postsecondary Career School Act unless the school has a currently valid authorization to operate issued pursuant to section 85-1612;(2) Offer, as or through an agent, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to section 85-1623, enrollment or instruction in or the granting of educational credentials from a private postsecondary career school not exempted from the act, whether such institution is within or outside this state, nor accept contracts or enrollment applications from any person who does not have a current agent's permit, but the board may adopt and promulgate rules and regulations to permit the rendering of legitimate public information services without such permit;(3) Instruct or educate, offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, or contract or offer to contract with any school or party to perform any such act in this state, whether such entity is located within or without this state, unless such entity observes and is in compliance with the minimum standards established pursuant to sections 85-1606 and 85-1608 and the rules and regulations adopted and promulgated by the department;(4) Grant or offer to grant educational credentials without authorization to do so from the department; or(5) Have a cohort default rate which triggers state liability pursuant to section 428(n) of the federal Higher Education Act of 1965, as amended, under section 85-9,139.02.Source   Laws 1977, LB 486, § 11;   Laws 1990, LB 488, § 10;   R.S.1943, (1994), § 79-2811;   Laws 1995, LB 4, § 10;   Laws 1996, LB 29, § 3.
NE Code § 85-1611 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1611 - Private postsecondary career school; authority to operate; application; requirements.

85-1611.  Private postsecondary career school; authority to operate; application; requirements.Each private postsecondary career school desiring authorization to operate in this state shall make application to the department upon forms to be provided by the department. The application shall be accompanied by descriptive literature published or proposed to be published by the school containing the information specified in the department's rules and regulations. The application shall include the identification of any branch facility or separate classroom. A facility which does not meet the criteria provided in subdivision (5) of section 85-1603 is not a branch facility and shall be considered a separate private postsecondary career school requiring separate authorization. A separate classroom shall not require separate authorization. The application shall also be accompanied by the application fee provided in section 85-1643. Until the Tuition Recovery Cash Fund initially reaches the minimum fund level prescribed in section 85-1656, the application shall be accompanied by a surety bond as provided in section 85-1639.Source   Laws 1977, LB 486, § 12;   Laws 1982, LB 370, § 3;   Laws 1990, LB 488, § 11;   Laws 1993, LB 348, § 58;   R.S.1943, (1994), § 79-2812;   Laws 1995, LB 4, § 11.
NE Code § 85-1612 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1612 - Commissioner; grant or deny authorization to operate.

85-1612.  Commissioner; grant or deny authorization to operate.Following review of an application for authorization to operate and any further information submitted by the applicant or required by the department and following such investigation of the applicant as the department may deem necessary or appropriate, the commissioner shall either grant or deny authorization to operate. A grant of authorization to operate may be on such terms and conditions as the commissioner may specify.Source   Laws 1977, LB 486, § 13;   Laws 1990, LB 488, § 12;   R.S.1943, (1994), § 79-2813;   Laws 1995, LB 4, § 12.
NE Code § 85-1613 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1613 - Authorization to operate; form; contents.

85-1613.  Authorization to operate; form; contents.The authorization to operate shall be in a form approved by the department and shall state in a clear and conspicuous manner at least the following information:(1) The date of issuance, effective date, and term of the authorization;(2) The full, correct name and address of the school so authorized;(3) The authority for authorization and conditions thereof; and(4) Any limitation of authorization as deemed necessary by the commissioner.The term for which authorization is given shall not extend for more than one fiscal year. For purposes of this section, fiscal year means the fiscal year established by the applicant school.Source   Laws 1977, LB 486, § 14;   Laws 1990, LB 488, § 13;   R.S.1943, (1994), § 79-2814;   Laws 1995, LB 4, § 13;  Laws 1999, LB 489, § 2.
NE Code § 85-1614 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1614 - Authorization to operate; nontransferable; change in ownership; new authorization.

85-1614.  Authorization to operate; nontransferable; change in ownership; new authorization.The authorization to operate shall be issued to the owner or governing body of the applicant school and shall be nontransferable. In the event of a change in ownership of the school, the new owner or governing body shall, within ten days after the change of ownership, apply for a new authorization to operate, and in the event of failure to do so the authorization to operate shall terminate. An application for a new authorization to operate by reason of change in the ownership of the school shall be deemed an application for renewal of the school's authorization to operate.Source   Laws 1977, LB 486, § 15;   Laws 1990, LB 488, § 14;   R.S.1943, (1994), § 79-2815;   Laws 1995, LB 4, § 14.
NE Code § 85-1615 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1615 - Authorization to operate; renewal; procedure; accreditation required; when.

85-1615.  Authorization to operate; renewal; procedure; accreditation required; when.Annual renewal of an authorization shall be required on a schedule established by the department. At least thirty days prior to the expiration of an authorization to operate and upon notification by the department, the school shall complete and file with the department an application form for renewal of its authorization to operate. Financial stability information shall accompany the application. The renewal application shall be reviewed and acted upon as provided for an initial application. No authorization issued to any private postsecondary career school shall be renewed unless such school has been accredited by the department within five years of the date of its initial authorization to operate.Source   Laws 1977, LB 486, § 16;   Laws 1990, LB 488, § 15;   R.S.1943, (1994), § 79-2816;   Laws 1995, LB 4, § 15;  Laws 1999, LB 489, § 3.
NE Code § 85-1616 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1616 - Inaugural authorization to operate; provisional authorization to operate; when applicable.

85-1616.  Inaugural authorization to operate; provisional authorization to operate; when applicable.A school not yet in operation when its application for authorization to operate is filed may not begin operation until receipt of authorization. The authorization shall be an inaugural authorization valid for one year and upon showing to the satisfaction of the commissioner that it has fully complied with sections 85-1611 to 85-1615, the school will be eligible for a regular authorization. The commissioner may issue provisional authorization to operate containing such limitations as to time, procedures, functions, or other conditions as the commissioner may deem necessary.Source   Laws 1977, LB 486, § 17;   Laws 1990, LB 488, § 16;   R.S.1943, (1994), § 79-2817;   Laws 1995, LB 4, § 16.
NE Code § 85-1617 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1617 - Private postsecondary career school; accreditation; application.

85-1617.  Private postsecondary career school; accreditation; application.Any private postsecondary career school offering instruction in the State of Nebraska shall, within five years of its initial authorization to operate, apply to the department for the accreditation of such school. No private postsecondary career school shall be accredited unless it submits to the department a written application for accreditation in accordance with the rules and regulations adopted and promulgated by the department pursuant to the Private Postsecondary Career School Act. Such application shall be accompanied by the fee provided in section 85-1643.Source   Laws 1977, LB 486, § 18;   Laws 1990, LB 488, § 17;   R.S.1943, (1994), § 79-2818;   Laws 1995, LB 4, § 17;  Laws 1999, LB 489, § 4.
NE Code § 85-1618 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1618 - Department; accredit private postsecondary career school; when.

85-1618.  Department; accredit private postsecondary career school; when.The department may accredit a private postsecondary career school when the school has met the minimum standards specified in the rules and regulations of the department.Source   Laws 1977, LB 486, § 19;   Laws 1990, LB 488, § 18;   R.S.1943, (1994), § 79-2819;   Laws 1995, LB 4, § 18.
NE Code § 85-1619 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1619 - Commissioner; certificate of accreditation; issuance; period valid; reaccreditation; application; list of schools.

85-1619.  Commissioner; certificate of accreditation; issuance; period valid; reaccreditation; application; list of schools.The commissioner, upon determining that a private postsecondary career school has complied with all the requirements of the Private Postsecondary Career School Act and the rules and regulations of the department, shall issue a certificate of accreditation to the school. Unless disapproved for failure to meet the requirements for accreditation on a continuing basis as provided for in the act and as defined by the rules and regulations, accreditation shall be valid for a period of five years following the effective date appearing on the certificate. The application for reaccreditation shall be accompanied by the applicable fee. The department shall maintain a list of the schools accredited under this section and make such lists available to the public upon request.Source   Laws 1977, LB 486, § 20;   Laws 1982, LB 370, § 4;   Laws 1990, LB 488, § 19;   R.S.1943, (1994), § 79-2820;   Laws 1995, LB 4, § 19.
NE Code § 85-1620 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1620 - School; authority to award associate degrees; commissioner; authorize.

85-1620.  School; authority to award associate degrees; commissioner; authorize.A school which has been accredited pursuant to section 85-1619 may apply to the department for authority to award associate degrees. Upon determining that the quality of the courses of instruction at the applicant school meets the standards established in the department's rules and regulations, the commissioner may grant the applicant the authority to award an associate degree and shall issue a certificate setting forth the programs for which the associate degree may be awarded. Such authorization shall continue so long as the school remains accredited.Source   Laws 1982, LB 370, § 5;   Laws 1990, LB 488, § 20;   R.S.1943, (1994), § 79-2820.01;   Laws 1995, LB 4, § 20;  Laws 2003, LB 685, § 32;  Laws 2011, LB637, § 31.
NE Code § 85-1621 (2021)
2021 Nebraska Revised Statutes|Chapter 85 - State University, State Colleges, and Postsecondary Education|85-1621 - School; withdrawal of accreditation or authorization; when; hearing; notice.

85-1621.  School; withdrawal of accreditation or authorization; when; hearing; notice.Any private postsecondary career school which has been accredited or authorized to award associate degrees and which ceases to meet any of the requirements for accreditation or the awarding of associate degrees shall be notified in writing of the specifics by certified mail and shall be afforded the opportunity for a hearing to show cause why the accreditation or the authorization should not be withdrawn. The board shall adopt and promulgate rules and regulations for the hearing and may utilize a hearing officer to conduct the hearing and to present recommendations, including findings of facts and conclusions of law, to the board for final decision. Following the hearing, if it is determined that the requirements have not been met, the board may withdraw the accreditation or authorization or may require action as a condition of continued accreditation or authorization.Source   Laws 1977, LB 486, § 21;   Laws 1982, LB 370, § 6;   Laws 1990, LB 488, § 21;   R.S.1943, (1994), § 79-2821;   Laws 1995, LB 4, § 21.