reglab/housing_qa huggingface dataset:
NE Code § 81-8,208 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,208 - Disciplinary actions authorized; civil penalties.

81-8,208.  Disciplinary actions authorized; civil penalties.(1) The board, after hearing and upon proof satisfactory to the board, may determine by a two-thirds majority vote that any person has violated the Professional Landscape Architects Act or any rule or regulation under the act.(2) Upon a finding that a person has committed a violation, one or more of the following actions may be taken against such person upon a two-thirds majority vote of the board:(a) Issuance of a censure or reprimand;(b) Suspension of judgment;(c) Placement of the offender on probation;(d) Placement of a limitation or limitations on a licensee and upon the privilege of a licensee to engage in the practice of landscape architecture to the extent, scope, or type of landscape architecture practice for such time and under such conditions as are found necessary and proper;(e) Imposition of a civil penalty not to exceed ten thousand dollars for each offense. The amount of the penalty shall be based on the severity of the violation;(f) Entrance of an order of revocation, suspension, or cancellation of the certificate of licensure;(g) Issuance of a cease and desist order;(h) Imposition of costs as in an ordinary civil action in the district court, which may include reasonable attorney's fees and hearing officer fees incurred by the board and the expenses of any investigation undertaken by the board; or(i) Dismissal of the action.(3) The board may take into account suitable evidence of reform when determining appropriate action.(4) Civil penalties collected under subdivision (2)(e) of this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. All costs collected under subdivision (2)(h) of this section shall be remitted to the State Treasurer for credit to the State Board of Landscape Architects Cash Fund.Source Laws 2020, LB30, § 17.
NE Code § 81-8,211 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,211 - Risk Manager; State Claims Board; authority; procedure; fees.

81-8,211.  Risk Manager; State Claims Board; authority; procedure; fees.Authority is hereby conferred upon the Risk Manager and State Claims Board, acting on behalf of the State of Nebraska, to consider, ascertain, adjust, compromise, settle, determine, and allow any tort claim. Any claimant dissatisfied with a decision of the Risk Manager may make application for review of the decision by the State Claims Board by filing an application for review with the Risk Manager within sixty days after receipt of notice of the Risk Manager's decision. If any tort claim is compromised, settled, or allowed in an amount of more than five thousand dollars, the approval of the State Claims Board is required. If any tort claim is compromised, settled, or allowed in an amount of more than ten thousand dollars, the unanimous approval of all members of the State Claims Board shall be required. If any tort claim is compromised, settled, or allowed in an amount of more than twenty-five thousand dollars, the claim shall also be submitted for approval by the district court for Lancaster County. When approval of the district court is required, the Attorney General shall make application for such approval and shall file with the application a transcript of the action of the State Claims Board on such claim. The claimant may join in such application, and if the claimant does so, the court may proceed to act on the application without further notice to either party. If the claimant does not join in the application, the court shall require actual notice to all parties before acting on the application. The court may deny the application for any legal and sufficient reason or may direct the State Claims Board to conduct further hearings on any material issues. The fees of the clerk of the district court for filing such application shall be five dollars.Source   Laws 1969, c. 756, § 3, p. 2846;   Laws 1984, LB 1028, § 1;   Laws 1988, LB 864, § 21;  Laws 2005, LB 485, § 1;  Laws 2008, LB821, § 2;  Laws 2018, LB193, § 91.
NE Code § 81-8,212 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,212 - Tort claims; filing; Risk Manager; Attorney General; duty; service of process.

81-8,212.  Tort claims; filing; Risk Manager; Attorney General; duty; service of process.All tort claims shall be filed with the Risk Manager in the manner prescribed by the State Claims Board. The Risk Manager shall immediately advise the Attorney General of the filing of any claim. It shall be the duty of the Attorney General to cause a complete investigation to be made of all such claims and serve as a legal advisor to the Risk Manager and State Claims Board on all such claims. In any suit brought under the State Tort Claims Act, service of process shall be made in the manner provided for service of a summons in section 25-510.02.Source   Laws 1969, c. 756, § 4, p. 2847;   Laws 1972, LB 1334, § 5;   Laws 1981, LB 273, § 17;   Laws 1983, LB 447, § 98;   Laws 1984, LB 1028, § 2;   Laws 1988, LB 864, § 22;   Laws 1989, LB 541, § 3;  Laws 2008, LB821, § 3. Annotations  The doctrine of substantial compliance applies when determining whether presuit presentment requirements pertaining to a claim's content are met. Saylor v. State, 306 Neb. 147, 944 N.W.2d 726 (2020). The filing requirement in this section is a condition precedent to the commencement of a suit, but not a jurisdictional prerequisite for the adjudication of a tort claim against the State. Cole v. Isherwood, 264 Neb. 985, 653 N.W.2d 821 (2002). When the Legislature has waived the state's sovereign immunity as to a particular cause of action and has designated a person or official as the agent of the state upon whom summons may be served, that person or official validly may enter a voluntary appearance for the state, thereby waiving the issue of in personam jurisdiction. To the extent that Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939), conflicts with this holding, it is overruled. Pointer v. State, 219 Neb. 315, 363 N.W.2d 164 (1985).
NE Code § 81-8,213 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,213 - Suit; final disposition by Risk Manager or State Claims Board required; exception.

81-8,213.  Suit; final disposition by Risk Manager or State Claims Board required; exception.No suit shall be permitted under the State Tort Claims Act unless the Risk Manager or State Claims Board has made final disposition of the claim, except that if the Risk Manager or board does not make final disposition of a claim within six months after the claim is made in writing and filed with the Risk Manager in the manner prescribed by the board, the claimant may, by notice in writing, withdraw the claim from consideration of the Risk Manager or board and begin suit under such act.Source   Laws 1969, c. 756, § 5, p. 2847;   Laws 1988, LB 864, § 23;  Laws 2008, LB821, § 4. Annotations  The 6-month filing extension in section 81-8,227 runs from the first date on which the claim could have been withdrawn under this section, not the date the claim is actually withdrawn. Komar v. State, 299 Neb. 301, 908 N.W.2d 610 (2018). The final disposition requirement in this section is a condition precedent to the commencement of a suit, but not a jurisdictional prerequisite for the adjudication of a tort claim against the State. Cole v. Isherwood, 264 Neb. 985, 653 N.W.2d 821 (2002). A claimant who files a tort claim with the Risk Manager of the State Claims Board 18 months or more after his or her claim has accrued, but within 2 years as provided in subsection (1) of section 81-8,227, has 6 months to file suit from the date the board gives written notice to the claimant as to the final disposition of the claim. Collins v. State, 264 Neb. 267, 646 N.W.2d 618 (2002). A claimant who files a tort claim with the Risk Manager of the State Claims Board 18 months or more after his or her claim has accrued, but within the 2-year statute of limitations, has 6 months from the first day on which the claim may be withdrawn from the claims board in which to begin suit. Coleman v. Chadron State College, 237 Neb. 491, 466 N.W.2d 526 (1991).
NE Code § 81-8,214 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,214 - District court; jurisdiction; venue.

81-8,214.  District court; jurisdiction; venue.The district court, sitting without a jury, shall have exclusive jurisdiction to hear, determine, and render judgment on any suit or tort claim. Suits shall be brought in the district court of the county in which the act or omission complained of occurred or, if the act or omission occurred outside the boundaries of the State of Nebraska, in the district court for Lancaster County.Source   Laws 1969, c. 756, § 6, p. 2847;   Laws 1988, LB 864, § 24.  Annotations  The first sentence of this section relates to jurisdiction; the second sentence indicates the place of venue. Blitzkie v. State, 228 Neb. 409, 422 N.W.2d 773 (1988). The findings of fact of the trial court in a proceeding under the State Tort Claims Act have the effect of jury findings and will not be disturbed on appeal unless they are clearly wrong. McMullin Transfer v. State, 225 Neb. 109, 402 N.W.2d 878 (1987). Judicial findings of fact have the same force and effect as a jury finding of fact. Oldenburg v. State, 221 Neb. 1, 374 N.W.2d 341 (1985). The State Tort Claims Act requires that actions of this nature be heard without a jury but otherwise determined in the same manner as other suits. The action is similar to a law action in which a jury has been waived and is governed by the same rules. Saporta v. State, 220 Neb. 142, 368 N.W.2d 783 (1985). The county in which the act or omission occurred means the site where the wrongful conduct actually takes place, not where the results of the wrongful conduct take place or occur. Wickersham v. State, 218 Neb. 175, 354 N.W.2d 134 (1984). On an appeal to the Nebraska Supreme Court of an action under the State Tort Claims Act, the findings of the trial court will not be disturbed unless clearly wrong. Wakenight v. State, 212 Neb. 798, 326 N.W.2d 52 (1982). The action must be brought in the county where the act or omission occurred. The statutory provisions authorizing the transfer of an action where the venue was improper are not applicable to suits under the State Tort Claims Act. Miller v. State, 208 Neb. 170, 302 N.W.2d 692 (1981). An action against the state or a state agency is governed by this section only. Catania v. The University of Nebraska, 204 Neb. 304, 282 N.W.2d 27 (1979). Jurisdiction to hear tort claims filed against the state, including tort actions by prison inmates against state officials seeking monetary damages, is specifically vested in the district court. Pratt v. Clarke, 8 Neb. App. 199, 590 N.W.2d 426 (1999).
NE Code § 81-8,215 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,215 - Liability of state.

81-8,215.  Liability of state.In all suits brought under the State Tort Claims Act, the state shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of execution shall issue, and the disposition of or offer to settle any claim made under such act shall not be competent evidence of liability of the state or any employee of the state or the amount of damages.Source   Laws 1969, c. 756, § 7, p. 2847;   Laws 1988, LB 864, § 25;   Laws 1989, LB 541, § 4.  Annotations  Statutes that purport to waive the State's sovereign immunity must be clear in their intent. They are strictly construed in favor of the sovereign and against the waiver. Woollen v. State, 256 Neb. 865, 593 N.W.2d 729 (1999). The State Tort Claims Act requires that actions of this nature be heard without a jury but otherwise determined in the same manner as other suits. The action is similar to a law action in which a jury has been waived and is governed by the same rules. Saporta v. State, 220 Neb. 142, 368 N.W.2d 783 (1985). Demurrers were properly sustained to petitions alleging negligence by state cancer research institute in hiring a paroled felon, in failing to control his access to a poisonous drug, in failing to maintain an inventory of the drug, and in exposing him to information about past criminal use of the drug, because such allegations did not allow conclusion that the negligent acts were the proximate cause of the employee's use of stolen quantities of the drug to poison plaintiffs' decedents, where it is not alleged that the institute should have realized the likelihood of the employee's criminal acts. Shelton v. Board of Regents, 211 Neb. 820, 320 N.W.2d 748 (1982). The State Tort Claims Act provides for liability of the state the same as a private person under like circumstances. Cortes v. State, 191 Neb. 795, 218 N.W.2d 214 (1974).
NE Code § 81-8,216 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,216 - Rules of civil procedure; costs; judgment; appeal.

81-8,216.  Rules of civil procedure; costs; judgment; appeal.In all suits brought under the State Tort Claims Act, the district courts shall follow the rules of civil procedure applicable to private litigants, and costs shall be allowed in all courts to the successful claimant to the same extent as if the state was a private litigant. Judgments shall be subject to appeal in the same manner as other judgments of the district court.Source   Laws 1969, c. 756, § 8, p. 2848;   Laws 1988, LB 864, § 27;   Laws 1991, LB 732, § 148.  Annotations As part of the civil procedure applicable to suits brought under the State Tort Claims Act, a district court is authorized, under appropriate circumstances, to change the venue of the proceedings or otherwise transfer the site for trial. Blitzkie v. State, 228 Neb. 409, 422 N.W.2d 773 (1988).
NE Code § 81-8,217 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,217 - Judgment; effect.

81-8,217.  Judgment; effect.Final judgment in any suit under the State Tort Claims Act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the state whose act or omission gave rise to the claim. This section shall not apply if the court rules that the claim is not permitted under the State Tort Claims Act.Source   Laws 1969, c. 756, § 9, p. 2848;   Laws 1988, LB 864, § 28.
NE Code § 81-8,218 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,218 - Attorney General; authority.

81-8,218.  Attorney General; authority.The Attorney General shall represent the state and employees of the state in any suit brought under the State Tort Claims Act and is authorized to compromise or settle any such suit with the approval of the court in which such suit is pending.Source   Laws 1969, c. 756, § 10, p. 2848;   Laws 1988, LB 864, § 29;   Laws 1989, LB 541, § 5.
NE Code § 81-8,220 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,220 - State Claims Board; members; legal advisor; hire secretary; expenses.

81-8,220.  State Claims Board; members; legal advisor; hire secretary; expenses.The Director of Insurance, Commissioner of Labor, and Director of Administrative Services shall constitute the State Claims Board which shall be a part of the Risk Management Program created by section 81-8,239.01. The Attorney General shall be its legal advisor. With the advice and consent of the other members of the board, the Director of Administrative Services may hire a secretary for the board. The members of the board shall receive no compensation for their services except that provided by law for the offices they hold, but they shall be allowed necessary traveling expenses in performing their duties as provided in sections 81-1174 to 81-1177.Source   Laws 1943, c. 129, § 1, p. 432;   R.S.1943, § 81-857;   Laws 1969, c. 756, § 12, p. 2849;   Laws 1972, LB 1334, § 6;   Laws 1981, LB 204, § 185;   Laws 1981, LB 273, § 18;   Laws 1988, LB 864, § 31;   Laws 1992, Third Spec. Sess., LB 14, § 6;  Laws 2008, LB821, § 5. Cross References   Other provisions for claims against state, see sections 81-8,294 to 81-8,306 and 81-1170.01 to 81-1170.05.  Presentment of warrants issued more than two years, see section 77-2205.
NE Code § 81-8,221 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,221 - State Claims Board; rules and regulations; adopt.

81-8,221.  State Claims Board; rules and regulations; adopt.The State Claims Board shall adopt and promulgate such rules and regulations as are necessary to carry out the State Tort Claims Act.Source   Laws 1969, c. 756, § 13, p. 2850;   Laws 1988, LB 864, § 32.
NE Code § 81-8,222 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,222 - Department of Justice; Claims Division; assistant attorney general; duties.

81-8,222.  Department of Justice; Claims Division; assistant attorney general; duties.There is hereby established within the Department of Justice a Claims Division to be headed by an assistant attorney general appointed by and under the control of the Attorney General. The Attorney General may authorize the assistant attorney general in charge of the Claims Division to perform any of the duties imposed upon the Attorney General by the State Tort Claims Act and may employ other persons, firms, or corporations to investigate claims under the act.Source   Laws 1969, c. 756, § 14, p. 2850;   Laws 1988, LB 864, § 33.
NE Code § 81-8,223 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,223 - Award; acceptance; effect.

81-8,223.  Award; acceptance; effect.Any award made under the State Tort Claims Act and accepted by the claimant shall be final and conclusive on all officers of the State of Nebraska except when procured by means of fraud. The acceptance by the claimant of such award shall be final and conclusive on the claimant and shall constitute a complete release by the claimant of any claim against the state and against the employee of the state whose act or omission gave rise to the claim by reason of the same subject matter.Source   Laws 1969, c. 756, § 15, p. 2850;   Laws 1988, LB 864, § 34.
NE Code § 81-8,224 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,224 - Award; certification; payment; review, when.

81-8,224.  Award; certification; payment; review, when.(1) Any award to a claimant and any judgment in favor of a claimant under the State Tort Claims Act shall be certified by the Risk Manager or State Claims Board to the Director of Administrative Services who shall promptly issue a warrant for payment of such award or judgment out of the Tort Claims Fund or State Insurance Fund, as appropriate, if sufficient money is available in the fund, except that no portion in excess of fifty thousand dollars of any award or judgment shall be paid until such award or judgment has been reviewed by the Legislature and specific appropriation made therefor. All awards and judgments which arise out of the same facts and circumstances shall be reported to the Legislature if the aggregated amount exceeds fifty thousand dollars.(2) Any award, judgment, or associated costs on a claim which is covered by liability insurance or by group self-insurance, the amount of which falls within the applicable policy's self-insured retention, shall be paid from the State Insurance Fund.(3) Delivery of any warrant in satisfaction of an award or judgment shall be made only upon receipt of a written release by the claimant in a form approved by the State Claims Board.Source   Laws 1969, c. 756, § 16, p. 2850;   Laws 1984, LB 1028, § 3;   Laws 1988, LB 864, § 35;  Laws 2005, LB 485, § 2;  Laws 2008, LB821, § 6;  Laws 2019, LB418, § 10.
NE Code § 81-8,225 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,225 - Tort Claims Fund; established; amount; investment; appropriation.

81-8,225.  Tort Claims Fund; established; amount; investment; appropriation.There is hereby established in the state treasury a Tort Claims Fund from which awards, judgments, and associated costs under the State Tort Claims Act may be paid, including appeal bonds or the reasonable costs associated with a required appearance before any tribunal. This fund shall be in such amount as the Legislature determines to be reasonably sufficient to meet anticipated claims. When the amount of money in the fund is not sufficient to pay any awards or judgments under such act, the Risk Manager shall immediately advise the Legislature and request an emergency appropriation to satisfy such awards and judgments. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1969, c. 756, § 17, p. 2850;   Laws 1971, LB 53, § 3;   Laws 1981, LB 273, § 19;   Laws 1988, LB 864, § 36;   Laws 1995, LB 7, § 111;  Laws 2005, LB 485, § 3.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 81-8,226 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,226 - Report to Clerk of the Legislature; contents.

81-8,226.  Report to Clerk of the Legislature; contents.The Risk Manager shall report electronically to the Clerk of the Legislature all claims and judgments paid under the State Tort Claims Act. Such report shall include the name of each claimant, a statement of the amount claimed and the amount awarded, and a brief description of the claim including the agency and program or activity under which the claim arose. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Risk Manager.Source   Laws 1969, c. 756, § 18, p. 2851;   Laws 1972, LB 1334, § 7;   Laws 1979, LB 322, § 44;   Laws 1981, LB 273, § 20;   Laws 1988, LB 864, § 37;  Laws 2012, LB782, § 174.
NE Code § 81-8,228 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,228 - Attorney's fees; expenses; allowance.

81-8,228.  Attorney's fees; expenses; allowance.The court rendering a judgment for the claimant under the State Tort Claims Act, the Risk Manager or State Claims Board making an award under section 81-8,211, or the Attorney General settling a claim under section 81-8,218 shall determine and allow reasonable attorney's fees and expenses, to be paid out of but not in addition to the amount of judgment or award recovered, to the attorneys representing the claimant.Source   Laws 1969, c. 756, § 20, p. 2852;   Laws 1988, LB 864, § 39;  Laws 2008, LB821, § 8.
NE Code § 81-8,229 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,229 - Tort claims; remedy of State Tort Claims Act; exclusive.

81-8,229.  Tort claims; remedy of State Tort Claims Act; exclusive.From and after December 25, 1969, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on tort claims except as authorized in the State Tort Claims Act. The remedies provided by such act for tort claims and suits against the state and employees of the state shall be exclusive.Source   Laws 1969, c. 756, § 21, p. 2852;   Laws 1988, LB 864, § 40;   Laws 1989, LB 541, § 6.
NE Code § 81-8,230 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-8,230 - State agency; payment of claims; construction of act.

81-8,230.  State agency; payment of claims; construction of act.Nothing in the State Tort Claims Act shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a tort claim.Source   Laws 1969, c. 756, § 22, p. 2852;   Laws 1988, LB 864, § 41.