reglab/housing_qa huggingface dataset:
NE Code § 75-123 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-123 - Rates; hearing; criteria.

75-123.  Rates; hearing; criteria.The following criteria shall be among those considered by the commission in fixing, modifying, or annulling any rate:(1) The lowest rates published or charged by any common carrier for substantially the same kind of service, whether in this state or another state, shall, when introduced into evidence, be accepted as prima facie evidence of a reasonable rate for the services inquired into; and(2) If any common carrier involved in the proceedings operates outside of this state, the rate charged for substantially the same or greater service by it in the other state shall be considered in determining what is a reasonable rate.Source   Laws 1963, c. 425, art. I, § 23, p. 1362;   Laws 1994, LB 414, § 39.  Annotations  Evidence of the existing rates for services as established by the Interstate Commerce Commission constitutes prima facie evidence of the reasonableness of the rates for the same services when performed in intrastate commerce in this state. Nebraska Railroads of Omaha v. Nebco, Inc., 194 Neb. 322, 231 N.W.2d 505 (1975). Where there is a differential in rates between shipping points and the circumstances appear to be substantially similar, the lowest rate published or charged will be prima facie evidence of a reasonable rate for the service under investigation. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971). Prima facie evidence of reasonable rates may consist of the lowest rates published by any common carrier for the same kind of service. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
NE Code § 75-124 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-124 - Rates; publication.

75-124.  Rates; publication.The commission may compile and reproduce tariffs containing the schedules of rates and charges for transportation of persons and, until July 1, 2021, household goods. The commission may make a charge for copies of such tariffs to cover the cost of reproducing, supplementing, and mailing the same. Every common carrier shall reproduce, keep for public inspection, and file with the commission in the manner prescribed by the commission, schedules showing the rates, fares, and charges for the transportation of passengers and, until July 1, 2021, household goods, which have been fixed and established as provided in Chapter 75, articles 1 and 3, and which are in force at the time with respect to such common carrier.Source   Laws 1963, c. 425, art. I, § 24, p. 1363;   Laws 1995, LB 424, § 11;  Laws 2020, LB461, § 3.
NE Code § 75-125 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-125 - Rate schedule; failure to publish; mandamus.

75-125.  Rate schedule; failure to publish; mandamus.Any common carrier which fails, refuses, or neglects to file or publish any schedule of rates, fares, and charges, or any part of the same, shall, in addition to other penalties prescribed in sections 75-101 to 75-155, be subject to a writ of mandamus to be issued by any district court of this state in the judicial district in which its principal office is situated or in which the offense may be committed. If the common carrier is a foreign corporation, then the writ may be issued by any district court in the judicial district where it accepts traffic and has an agent to perform such service to compel compliance with the provisions of section 75-124. The writ shall issue in the name of the state on the relation or upon the petition of the commission, and the failure to comply with the requirements shall be punishable as for contempt and shall make such common carrier liable to a penalty of one thousand dollars for each day's failure to comply with the writ. Whenever any such writ of mandamus is applied for, no bond shall be required.Source   Laws 1963, c. 425, art. I, § 25, p. 1363;   Laws 1994, LB 414, § 40.
NE Code § 75-127 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-127 - Unjust discrimination and practices; violations; penalties.

75-127.  Unjust discrimination and practices; violations; penalties.Any common carrier, shipper, or consignee who willfully violates any provision of section 75-126 shall be guilty of a Class I misdemeanor. Any officer, agent, or employee who, for or on behalf of any common carrier, shipper, or consignee, willfully violates any provision of section 75-126 shall be guilty of a Class II misdemeanor. Each day of violation shall constitute a separate offense.Source   Laws 1963, c. 425, art. I, § 27, p. 1365;   Laws 1971, LB 843, § 1;   Laws 1977, LB 39, § 198;   Laws 1994, LB 414, § 42.
NE Code § 75-129 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-129 - Sessions and hearings; when and where held.

75-129.  Sessions and hearings; when and where held.The commission may hold sessions at any place in the state when deemed necessary to facilitate the discharge of its duties and may conduct the hearing and other proceedings provided for in sections 75-101 to 75-801, in the Major Oil Pipeline Siting Act, in the State Natural Gas Regulation Act, or under any other law of this state at such place or places in the state as may, in the judgment of the commission, be the most convenient and practicable for determining the particular matter before the commission. The commission may hold public meetings as provided in section 57-1407.Source   Laws 1963, c. 425, art. I, § 29, p. 1366;  Laws 2003, LB 790, § 69;  Laws 2011, First Spec. Sess., LB1, § 19. Cross References   Major Oil Pipeline Siting Act, see section 57-1401.  State Natural Gas Regulation Act, see section 66-1801.
NE Code § 75-130 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-130 - Witnesses; failure to testify or comply with subpoena; penalty; depositions; witness and other fees.

75-130.  Witnesses; failure to testify or comply with subpoena; penalty; depositions; witness and other fees.In case any witness shall fail or refuse to obey any subpoena issued by the commission, or to produce before the commission such books, papers, documents or records as shall have been enumerated and required in any subpoena, or shall fail or refuse, when before the commission, to give testimony lawfully required by it, or fail or refuse to answer such questions as may be propounded by it which such witness would be required to answer if in court, he shall be guilty of a misdemeanor, and upon conviction thereof, for each offense, shall be fined in any sum not exceeding five thousand dollars. The claim that any such testimony may tend to incriminate the witness shall not excuse the witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Testimony may be taken by deposition as in suits at law. Witness fees shall be paid as provided by law in attendance at any district court in this state. The sheriff or constable executing any process of the commission shall receive such compensation as is provided by law for performing similar services.Source  Laws 1963, c. 425, art. I, § 30, p. 1366.
NE Code § 75-130.01 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-130.01 - Contested case; ex parte communication prohibited; applicability of section.

75-130.01.  Contested case; ex parte communication prohibited; applicability of section.With respect to any matter of fact or law at issue in a contested case and notwithstanding any other provision of law, a member, staff, or agent of the Public Service Commission shall not during the pendency of any contested case heard before the commission have any ex parte communication with any party having an interest in the outcome of the contested case. For purposes of this section, the definitions in section 84-901 shall apply. Notwithstanding subdivision (4)(c) of section 84-901, this section applies to all communications by a party in contested cases under the State Natural Gas Regulation Act, including, but not limited to, general rate filings under section 66-1838.Source  Laws 1999, LB 514, § 1;  Laws 2008, LB1072, § 3. Cross References  State Natural Gas Regulation Act, see section 66-1801.
NE Code § 75-131 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-131 - Common or contract carriers; jurisdictional utility; complaint of violation; service; other proceedings.

75-131.  Common or contract carriers; jurisdictional utility; complaint of violation; service; other proceedings.Any person who complains of anything done or omitted to be done by any common or contract carrier or jurisdictional utility may request that the commission investigate and impose sanctions on such carrier or jurisdictional utility by filing a petition which briefly states the facts constituting the complaint. Notice of the complaint shall be served upon the respondent carrier or utility as in civil cases in district court, and the respondent shall be required to answer or satisfy the complaint within a reasonable time fixed by the commission. This section shall not prevent any person from proceeding against any common or contract carrier or utility under the laws of this state for such cases made and provided.Source   Laws 1963, c. 425, art. I, § 31, p. 1366;   Laws 1994, LB 414, § 44;  Laws 2003, LB 790, § 70.
NE Code § 75-132 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-132 - Complaint; hearing; notice; order.

75-132.  Complaint; hearing; notice; order.If a carrier or jurisdictional utility does not satisfy a complaint filed pursuant to section 75-131 within the time allowed and there appears to be a reasonable ground for investigation of the complaint upon its merits, the commission shall convene a hearing on the matters complained of pursuant to its rules of procedure and shall give the parties written notice of the time and place for such hearing. After the hearing, the commission shall make such order with respect to the complaint as it deems just and reasonable. Such order must be consistent with the statutory authority that formed the basis for the complaint.Source   Laws 1963, c. 425, art. I, § 32, p. 1367;   Laws 1994, LB 414, § 45;  Laws 2003, LB 790, § 71.
NE Code § 75-132.01 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-132.01 - Exclusive original jurisdiction; appeal.

75-132.01.  Exclusive original jurisdiction; appeal.(1) Notwithstanding the provisions of section 75-131, the commission shall have exclusive original jurisdiction over any action concerning a violation of any provision of (a) the Automatic Dialing-Announcing Devices Act, the Emergency Telephone Communications Systems Act, the Enhanced Wireless 911 Services Act, the Intrastate Pay-Per-Call Regulation Act, the Nebraska Telecommunications Regulation Act, the Nebraska Telecommunications Universal Service Fund Act, the Telecommunications Relay System Act, or the Telephone Consumer Slamming Prevention Act by any person providing telecommunications service for a fee in Nebraska intrastate commerce pursuant to such acts or (b) sections 86-574 to 86-578 by an agency or political subdivision of the state.(2) If the commission enters an order declining jurisdiction under subsection (1) of this section, any interested person may petition the district court of the county in which such alleged violation has occurred. If it appears to the court, after a hearing, that a provision of such acts or sections has been violated, the court may issue an injunction or other proper process to restrain the telecommunications company and its directors, officers, employees, or agents or the agency or political subdivision of the state from continuing such violation and may order additional relief. Any party to the case shall have the right to appeal the decision of the district court to the Court of Appeals under the rules provided by law for appeals in civil cases.Source  Laws 2000, LB 1285, § 6;  Laws 2001, LB 827, § 18;  Laws 2002, LB 1105, § 488;  Laws 2003, LB 187, § 18.  Cross References   Automatic Dialing-Announcing Devices Act, see section 86-236.  Emergency Telephone Communications Systems Act, see section 86-420.  Enhanced Wireless 911 Services Act, see section 86-442.  Intrastate Pay-Per-Call Regulation Act, see section 86-258.  Nebraska Telecommunications Regulation Act, see section 86-101.  Nebraska Telecommunications Universal Service Fund Act, see section 86-316.  Telecommunications Relay System Act, see section 86-301.  Telephone Consumer Slamming Prevention Act, see section 86-201.
NE Code § 75-133 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-133 - Regulated parties; proceeding by commission upon own motion; hearing; order.

75-133.  Regulated parties; proceeding by commission upon own motion; hearing; order.Whenever the commission has reason to believe that any motor carrier, regulated motor carrier, other common or contract carrier as described in section 75-109, competitive natural gas provider as defined in section 66-1848, or jurisdictional utility as defined in section 66-1802 is in neglect or violation of a statute or rule or regulation under the jurisdiction of the commission, the commission shall at once institute an investigation and fix a time and place for hearing thereon, upon its own motion, and shall make any order as it deems just and reasonable, including, but not limited to, an order revoking, suspending, or modifying the certificate of public convenience and necessity, permit, registration, license, or other authority granted by the commission or a cease and desist order.Source   Laws 1963, c. 425, art. I, § 33, p. 1367;   Laws 1994, LB 414, § 46;   Laws 1995, LB 424, § 14;  Laws 2002, LB 1105, § 489;  Laws 2005, LB 247, § 1.  Annotations The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).
NE Code § 75-134 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-134 - Commission order; requirements; when effective; rate order under State Natural Gas Regulation Act; appeal; stay enforcement.

75-134.  Commission order; requirements; when effective; rate order under State Natural Gas Regulation Act; appeal; stay enforcement.(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission.(2) Every order of the commission shall become effective ten days after the date of the mailing of a copy of the order to the parties of record except (a) when the commission prescribes an alternate effective date, (b) as otherwise provided in section 75-121 or 75-139, (c) for cease and desist orders issued pursuant to section 75-133 which shall become effective on the date of entry, or (d) for orders entered pursuant to section 75-319 which shall become effective on the date of entry.(3) Except as otherwise provided in this section or for rate orders provided for in section 75-139, any appeal of a commission order shall not stay enforcement of such order unless otherwise ordered by the commission or the Court of Appeals.(4) Notwithstanding subsection (3) of this section, any appeal of a rate order under the State Natural Gas Regulation Act entered pursuant to section 66-1838 shall stay enforcement of such order pending resolution of the appeal.Source   Laws 1963, c. 425, art. I, § 34, p. 1367;   Laws 1967, c. 479, § 9, p. 1479;   Laws 1976, LB 426, § 1;   Laws 1991, LB 732, § 130;   Laws 1994, LB 414, § 47;   Laws 1995, LB 424, § 15;  Laws 2000, LB 1285, § 3;  Laws 2002, LB 1105, § 490;  Laws 2002, LB 1211, § 9;  Laws 2003, LB 187, § 19;  Laws 2005, LB 247, § 2;  Laws 2013, LB545, § 4. Cross References  State Natural Gas Regulation Act, see section 66-1801.Annotations  The "reasoning" requirement of this section is satisfied by a Public Service Commission order containing a statement of underlying facts, ultimate facts, and findings where the issues involved are issues of fact. Hugelman v. A & A Trucking, Inc., 198 Neb. 628, 254 N.W.2d 412 (1977). The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976). An order of Railway Commission which fails to make findings of ultimate facts will be set aside on appeal. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).
NE Code § 75-134.01 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-134.01 - Order; enjoin, when.

75-134.01.  Order; enjoin, when.Except as otherwise provided in sections 75-132.01, 75-134, 75-144, and 75-1012 and the State Natural Gas Regulation Act, the district courts shall have jurisdiction to enjoin a commission order only when the order was not entered (1) in accordance with Chapter 75 or 86 and the commission's rules and regulations adopted and promulgated pursuant to such chapters or (2) in accordance with other statutory authority underlying the commission's order.Source   Laws 1967, c. 479, § 6, p. 1477;  Laws 2000, LB 1285, § 2;  Laws 2002, LB 1105, § 485;   R.S.Supp.,2002, § 75-122.01;  Laws 2003, LB 187, § 20;  Laws 2003, LB 790, § 67.  Cross References  State Natural Gas Regulation Act, see section 66-1801.
NE Code § 75-134.02 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-134.02 - Motion for reconsideration.

75-134.02.  Motion for reconsideration.(1) Except with respect to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838, any party may file a motion for reconsideration with the commission within ten days after the effective date of the order as determined under section 75-134. The filing of a motion for reconsideration shall suspend the time for filing a notice of intention to appeal pending resolution of the motion, except that if the commission does not dispose of a motion for reconsideration within sixty days after the filing of the motion, the motion shall be deemed denied and the procedures for appeal in section 75-136 apply.(2) Any party to a general rate proceeding under the State Natural Gas Regulation Act may file a motion for reconsideration within thirty days after the day an order setting natural gas rates is entered by the commission. The filing of a motion for reconsideration shall stay the order until the earlier of the date the commission enters an order resolving the motion or one hundred twenty days from the date of the order setting rates. Either party shall have thirty days after the date the commission enters an order resolving the motion or the expiration of the one-hundred-twenty-day period for considering the motion, whichever is earlier, in which to file an appeal.Source Laws 2013, LB545, § 7.Cross References  State Natural Gas Regulation Act, see section 66-1801.Annotations The words "file" and "filing" in this section mean that a motion for reconsideration must be in the possession of the Public Service Commission within 10 days after the effective date of the order in order to suspend the time for filing a notice of intention to appeal. In re App. No. C-4973 of Skrdlant, 305 Neb. 635, 942 N.W.2d 196 (2020).
NE Code § 75-135 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-135 - Commission order; authentication.

75-135.  Commission order; authentication.When certified to be a true and correct copy of the original by the executive director of the commission or a commissioner, a commission order shall be admitted in evidence in all courts and tribunals of this state, without further proof, as prima facie evidence of every fact found and that such order is prima facie just and reasonable.Source   Laws 1963, c. 425, art. I, § 35, p. 1368;   Laws 1967, c. 479, § 10, p. 1480;   Laws 1994, LB 414, § 48.
NE Code § 75-139 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-139 - Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.

75-139.  Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.(1) Except as otherwise provided in this section, the effective date of a rate order that is appealed shall be the first Monday following the date of the appellate court's mandate if the order is affirmed, except that (a) a shipper may make effective a rate order reducing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate appealed and the original rate to the carrier entitled thereto if the order appealed is reversed and (b) a common carrier may make effective a rate order increasing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate finally approved and the rate appealed to shippers or subscribers entitled thereto if the order appealed is reversed.(2) A supersedeas bond may be filed by any affected shipper or common carrier, including shippers or common carriers that were not parties to the rate proceeding, at any time prior to the issuance of the appellate court's mandate. Only the shipper or common carrier filing a supersedeas bond shall benefit from such filing.(3) The commission shall approve a supersedeas bond which meets the requirements of this section within seven days after a written request therefor has been made, and failure to disapprove the bond within the time specified shall be deemed to be an approval.(4) A carrier may put into effect rate increases granted by a commission order while appealing that portion of the commission's order denying a part of an application of the carrier.(5) This section does not apply to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838.Source   Laws 1963, c. 425, art. I, § 39, p. 1369;   Laws 1967, c. 479, § 14, p. 1481;   Laws 1976, LB 426, § 2;   Laws 1991, LB 732, § 135;  Laws 2013, LB545, § 6. Cross References  State Natural Gas Regulation Act, see section 66-1801.Annotations The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).
NE Code § 75-139.01 (2021)
2021 Nebraska Revised Statutes|Chapter 75 - Public Service Commission|75-139.01 - Person, defined.

75-139.01.  Person, defined.For purposes of sections 75-101 to 75-158, person shall mean any individual, corporation, governmental agency or subdivision, partnership, limited liability company, company, or association and any other legal or commercial entity, including any common or contract carrier or jurisdictional utility and its owners, directors, officers, limited liability company members, agents, and employees.Source   Laws 1993, LB 42, § 13;   Laws 1994, LB 414, § 52;   Laws 1994, LB 884, § 87;  Laws 2000, LB 1285, § 8;  Laws 2003, LB 790, § 72.