reglab/housing_qa huggingface dataset:
NE Code § 12-1116 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1116 - Licenses; disciplinary actions; grounds; notice; administrative fine.

12-1116.  Licenses; disciplinary actions; grounds; notice; administrative fine.(1) The director may deny, revoke, or suspend any license of any pre-need seller or agent or may levy an administrative fine in accordance with subsection (3) of this section if the director finds that:(a) The licensee has failed to pay the license fee prescribed for such license;(b) The licensee, either knowingly or without the exercise of due care to prevent the same, has violated any of the provisions of the Burial Pre-Need Sale Act or any rule or regulation adopted and promulgated by the director pursuant to such act;(c) An act or condition exists which, if it had existed at the time of the original application of such licensee, would have resulted in the director refusing to issue such license; or(d) The licensee, upon receipt of a written inquiry from the department, has failed to respond to such inquiry or has failed to request an additional reasonable amount of time to respond to such inquiry within fifteen business days after such receipt.(2) Written notification shall be provided to the licensee upon the director's making such determination, and the notice shall be mailed by the director to the last address on file for the licensee by certified or registered mail, return receipt requested. The notice shall state the specific action contemplated by the director and the specific grounds for such action. The notice shall allow the licensee receiving such notice twenty days from the date of actual receipt to:(a) Voluntarily surrender his or her license; or(b) File a written notice of protest of the proposed action of the director. If a written notice of protest is filed by the licensee, the Administrative Procedure Act shall govern the hearing process and procedure, including all appeals. Failure to file a notice of protest within the twenty-day period shall be equivalent to a voluntary surrender of the licensee's license, and the licensee shall surrender the license to the director.(3) In addition to or in lieu of any applicable denial, suspension, or revocation of a license, any person violating the Burial Pre-Need Sale Act may, after notice and hearing, be subject to an administrative fine of not more than one thousand dollars per violation. Such fine may be enforced in the same manner as civil judgments. Any person charged with a violation of the act may waive his or her right to a hearing and consent to such discipline as the director determines is appropriate. The Administrative Procedure Act shall govern all hearings held pursuant to the Burial Pre-Need Sale Act.Source   Laws 1986, LB 643, § 16;   Laws 1987, LB 93, § 3;  Laws 2005, LB 119, § 4;  Laws 2009, LB192, § 1. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 12-1117 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1117 - Licenses; surrender; effect; reinstatement.

12-1117.  Licenses; surrender; effect; reinstatement.(1) Any licensee may surrender any license issued by the director by delivering the license to the director with written notice of its surrender. Surrender shall not change the licensee's civil or criminal liability for acts committed prior or subsequent to the surrender of such license. Voluntary surrender shall not constitute an admission against interest or an admission of liability nor shall the same be used in any evidentiary proceeding as such an admission.(2) The director may reinstate a license or issue a new license to a person whose license has expired, has been revoked, or was voluntarily surrendered if no fact or condition exists which would cause a revocation or would have caused the director to originally refuse to issue such license.Source  Laws 1986, LB 643, § 17.
NE Code § 12-1118 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1118 - Violations; penalty.

12-1118.  Violations; penalty.Any person who violates any provision of the Burial Pre-Need Sale Act or who makes a report required under such act which is false or fraudulent shall be guilty of a Class II misdemeanor and his or her license shall be revoked.Source  Laws 1986, LB 643, § 18.
NE Code § 12-1119 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1119 - Violations; action to enjoin.

12-1119.  Violations; action to enjoin.Whenever the director has reasonable cause to believe that any person, whether licensed or not, is violating any provision of the Burial Pre-Need Sale Act or any rule or regulation adopted and promulgated pursuant to such act, he or she may, in addition to all other actions allowed, bring an action in the district court of Lancaster County to enjoin such person from engaging in or continuing such violation or from doing any act in furtherance of such violation. In any such action, the district court may enter any order, judgment, or decree concerning temporary or permanent relief as it deems proper based upon the facts and circumstances presented to it by the director.Source  Laws 1986, LB 643, § 19.
NE Code § 12-1120 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1120 - Pre-need seller; failure to perform obligations; director; powers.

12-1120.  Pre-need seller; failure to perform obligations; director; powers.The director may collect the proceeds of any letter of credit, surety bond, or trust funds held pursuant to subdivision (2)(a) of section 12-1113 upon the failure of the pre-need seller to perform the obligations secured thereby. Thereafter, in the director's discretion, he or she may use such proceeds to secure completion of the mausoleum, columbarium, or lawn crypt or take any actions necessary to reimburse all pre-need purchasers of a crypt or niche therein to the extent of money paid or consideration given by the pre-need purchasers.Source  Laws 1986, LB 643, § 20.
NE Code § 12-1121 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1121 - Trust; validity.

12-1121.  Trust; validity.No trust created or any interest in such trust shall be invalidated by any existing law or rule against perpetuities, accumulations, or suspension of the power of alienation, and such trust and any interest may continue for such time as may be necessary to accomplish the purposes for which it was created.Source  Laws 1986, LB 643, § 21.
NE Code § 12-1201 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1201 - Act, how cited.

12-1201.  Act, how cited.Sections 12-1201 to 12-1212 shall be known and may be cited as the Unmarked Human Burial Sites and Skeletal Remains Protection Act.Source  Laws 1989, LB 340, § 1.
NE Code § 12-1202 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1202 - Legislative findings and declarations.

12-1202.  Legislative findings and declarations.The Legislature hereby finds and declares that:(1) Human burial sites which do not presently resemble well-tended and well-marked cemeteries are subject to a higher degree of vandalism and inadvertent destruction than well-tended and well-marked cemeteries;(2) Although existing law prohibits removal, concealment, or abandonment of any dead human body and provides for the care and maintenance of abandoned or neglected cemeteries and pioneer cemeteries, additional statutory guidelines and protections are in the public interest;(3) Existing law on cemeteries reflects the value placed on preserving human burial sites but does not clearly provide equal and adequate protection or incentives to assure preservation of all human burial sites in this state;(4) An unknown number of unmarked human burial sites containing the remains of pioneers, settlers, and Indians are scattered throughout the state;(5) No adequate procedure regarding the treatment and disposition of human skeletal remains from unmarked graves exists to protect the interests of relatives or other interested persons; and(6) There are scientific, educational, religious, and cultural interests in the remains of our ancestors and those interests, whenever possible, should be served.Source   Laws 1989, LB 340, § 2;  Laws 2008, LB995, § 8.
NE Code § 12-1203 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1203 - Purposes of act.

12-1203.  Purposes of act.The purposes of the Unmarked Human Burial Sites and Skeletal Remains Protection Act shall be to:(1) Assure that all human burials are accorded equal treatment and respect for human dignity without reference to ethnic origins, cultural backgrounds, or religious affiliations by providing adequate protection for unmarked human burial sites and human skeletal remains located on all private and public lands within this state;(2) Prohibit disturbance of unmarked human burial sites except as expressly permitted by the act;(3) Establish procedures for the proper care and protection of unmarked human burial sites, human skeletal remains, and burial goods found in this state;(4) Ensure that all unmarked human burial sites discovered in this state are to be left undisturbed to the maximum extent possible unless such sites are in reasonable danger of destruction, such sites need to be moved for a highway, road, or street construction project, or there is evidence of criminal wrongdoing and, when any unmarked human burial site must be disturbed for any of the reasons listed in this subdivision, ensure that the disposition of the contents of such site is carried out in accordance with the act; and(5) Permit the scientific study and reinterment of human skeletal remains and burial goods.Source  Laws 1989, LB 340, § 3.
NE Code § 12-1204 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1204 - Terms, defined.

12-1204.  Terms, defined.For purposes of the Unmarked Human Burial Sites and Skeletal Remains Protection Act:(1) Burial goods shall mean any item or items reasonably believed to have been intentionally placed with the human skeletal remains of an individual at the time of burial and which can be traced with a reasonable degree of certainty to the specific human skeletal remains with which it or they were buried;(2) Human burial site shall mean the specific place where any human skeletal remains are buried and the immediately surrounding area;(3) Human skeletal remains shall mean the body or any part of the body of a deceased human in any stage of decomposition;(4) Indian tribe shall mean any federally recognized or state-recognized Indian tribe, band, or community;(5) Professional archaeologist shall mean a person having a postgraduate degree in archaeology, anthropology, history, or a related field with a specialization in archaeology and with demonstrated ability to design and execute an archaeological study and to present the written results and interpretations of such a study in a thorough, scientific, and timely manner;(6) Reasonably identified and reasonably identifiable shall mean identifiable, by a preponderance of the evidence, as to familial or tribal origin based on any available archaeological, historical, ethnological, or other direct or circumstantial evidence or expert opinion;(7) Society shall mean the Nebraska State Historical Society; and(8) Unmarked human burial shall mean any interment by whatever means of human skeletal remains for which there exists no grave marker, including burials located in abandoned or neglected cemeteries.Source   Laws 1989, LB 340, § 4;  Laws 2008, LB995, § 9.
NE Code § 12-1205 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1205 - Person discovering remains or goods; duties; violation; penalty.

12-1205.  Person discovering remains or goods; duties; violation; penalty.(1) Any person who encounters or discovers human skeletal remains or burial goods associated with an unmarked human burial in or on the ground shall immediately cease any activity which may cause further disturbance of the unmarked human burial and shall within forty-eight hours report the presence and location of such remains or goods to a local law enforcement officer in the county in which the remains or goods are found. Any person who knowingly fails to make such a report shall be guilty of a Class III misdemeanor.(2) If human skeletal remains or burial goods associated with an unmarked human burial in or on the ground are discovered by any employee, contractor, or agent of the Department of Transportation in conjunction with highway construction, any construction in the area immediately adjacent to such remains or goods shall cease. The department or any of its employees, contractors, or agents shall within forty-eight hours of the discovery of the remains or goods report the presence and location of the remains or goods to a local law enforcement officer in the county in which the remains or goods are found. Any remains or goods may then be removed from the site following an examination by the appropriate agency in accordance with section 39-1363 and any applicable federal requirements. Following removal, the remains or goods shall be disposed of in accordance with the Unmarked Human Burial Sites and Skeletal Remains Protection Act. The construction project may continue once the remains or goods have been removed.Source   Laws 1989, LB 340, § 5;  Laws 2017, LB339, § 72.
NE Code § 12-1206 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1206 - Discovery of remains or goods; law enforcement officer; notice.

12-1206.  Discovery of remains or goods; law enforcement officer; notice.A law enforcement officer who receives notification pursuant to section 12-1205 shall promptly notify the landowner on whose property the human skeletal remains or burial goods were discovered, the county attorney, and the society.Source  Laws 1989, LB 340, § 6.
NE Code § 12-1207 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1207 - Discovery of remains or goods; county attorney; duties.

12-1207.  Discovery of remains or goods; county attorney; duties.Upon notification pursuant to section 12-1206, the county attorney shall determine whether the human skeletal remains are associated with or suspected of association with any crime and, if a determination of prosecutable criminal activity is made, shall retain custody of the remains in accordance with routine procedures until such time as the remains may be reburied in accordance with the Unmarked Human Burial Sites and Skeletal Remains Protection Act.Source  Laws 1989, LB 340, § 7.
NE Code § 12-1208 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1208 - Discovery of remains or goods; society; duties.

12-1208.  Discovery of remains or goods; society; duties.(1) Upon notification pursuant to section 12-1206, the society shall promptly assist in examining the discovered material to attempt to determine its origin and identity.(2) If the society finds that the discovered human skeletal remains or burial goods are of non-American-Indian origin with a known or unknown identity, it shall notify the county attorney of the finding. Upon receipt of the finding, the county attorney shall cause the remains and associated burial goods to be interred in consultation with the county coroner. Reburial shall be in accordance with the wishes and at the expense of any known persons in the order listed by section 30-2223 or, if no relatives are known, in an appropriate cemetery at the expense of the county in which the remains were discovered after a one-year scientific study period if such study period is considered necessary or desirable by the society. In no case shall any human skeletal remains that are reasonably identifiable as to familial or tribal origin be displayed by any entity which receives funding or official recognition from the state or any of its political subdivisions. In situations in which human skeletal remains or burial goods that are unidentifiable as to familial or tribal origin are clearly found to be of extremely important, irreplaceable, and intrinsic scientific value, the remains or goods may be curated by the society until the remains or goods may be reinterred as provided in this subsection without impairing their scientific value.(3) If the society finds that the discovered human skeletal remains or burial goods are of American Indian origin, it shall promptly notify in writing the Commission on Indian Affairs and any known persons in the order listed in section 30-2223 or, if no relatives are known, any Indian tribes reasonably identified as tribally linked to such remains or goods in order to ascertain and follow the wishes of the relative or Indian tribe, if any, as to reburial or other disposition. Reburial by any such relative or Indian tribe shall be by and at the expense of such relative or Indian tribe. In cases in which reasonably identifiable American Indian human skeletal remains or burial goods are unclaimed by the appropriate relative or Indian tribe, the society shall notify all other Indian tribes which can reasonably be determined to have lived in Nebraska in order to ascertain and follow the wishes of the tribe as to reburial or other disposition. Reburial by any such tribe shall be by and at the expense of the tribe. If such remains or goods are unclaimed by the appropriate tribe, the remains or goods shall be reburied, as determined by the commission, by one of the four federally recognized Indian tribes in Nebraska.Source   Laws 1989, LB 340, § 8;  Laws 2001, LB 97, § 1;  Laws 2007, LB463, § 1113;  Laws 2014, LB998, § 1.
NE Code § 12-1209 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1209 - Entity possessing or controlling remains or goods on August 25, 1989; duties.

12-1209.  Entity possessing or controlling remains or goods on August 25, 1989; duties.Notwithstanding any other provision of Nebraska law, any institution, agency, organization, or other entity in this state which receives funding or official recognition from the state or any of its political subdivisions and which has in its possession or control on August 25, 1989, any disinterred human skeletal remains or burial goods of American Indian origin which are reasonably identifiable as to familial or tribal origin, regardless of their present location, shall return any such remains and goods to the relative or Indian tribe for reburial, upon request of such relative or Indian tribe, or otherwise cause such remains and goods to be reinterred pursuant to subsections (2) and (3) of section 12-1208 within one year of receiving such request, except that any such entity which has, prior to January 1, 1989, received a written request from any relative or Indian tribe for the return of such reasonably identifiable remains and goods shall return to such relative or Indian tribe for reburial all such remains and goods by September 10, 1990.Source  Laws 1989, LB 340, § 9.
NE Code § 12-1210 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1210 - Entity possessing or controlling remains or goods; request for return; duties.

12-1210.  Entity possessing or controlling remains or goods; request for return; duties.Any institution, agency, organization, or other entity in this state which receives a request for the return of human skeletal remains or burial goods under the Unmarked Human Burial Sites and Skeletal Remains Protection Act shall, at least ninety days prior to the date for return established by statute or otherwise agreed upon pursuant to the act, provide the requesting relative or Indian tribe with an itemized inventory of any human skeletal remains and burial goods that are subject to return to the requesting relative or Indian tribe. At the time the entity transfers possession of such remains or goods to the requesting relative or Indian tribe, the transferor and the transferee shall each sign a transfer document which identifies by inventory number and description each human skeletal remain or burial good being transferred.Source  Laws 1989, LB 340, § 10.
NE Code § 12-1211 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1211 - Dispute; resolution; procedure.

12-1211.  Dispute; resolution; procedure.Whenever a dispute arises with regard to the disposition of human skeletal remains or burial goods pursuant to the Unmarked Human Burial Sites and Skeletal Remains Protection Act, the procedure set forth in this section shall be the exclusive remedy available to the aggrieved party under the act. No cause of action shall lie until the procedure set forth in this section is completed.The aggrieved party shall submit to the adverse party documentation describing the nature of the grievance. The aggrieved party and the adverse party shall meet within sixty days of the mailing of the initial grievance and shall either concur or disagree after reviewing the appropriate documentation.If after such meeting the parties disagree, they shall, within fifteen days following such meeting, designate a third party, agreed on by both original parties, to assist in the resolution of the dispute. If an agreement as to the designation of the third party is not reached within the fifteen-day period, the Public Counsel shall automatically be designated to serve in that capacity.Following the designation of a third party, the aggrieved party may submit a petition, together with supporting documentation, to the third party describing the nature of the grievance. The aggrieved party shall serve a copy of the petition and all supporting documents on the adverse party at the time of filing. The adverse party shall have thirty days to respond to the petition by filing a response and supporting documentation with the third party, copies of which shall be served on the aggrieved party by the adverse party at the time of filing the response.The third party shall review the petition, the response, all supporting documentation submitted by the parties, and other relevant information. Following such review and within ninety days after the filing of the petition, the two original parties and the third party shall, by majority vote, render a decision with regard to the matter in dispute.The decision may be appealed by either party, and such appeal shall be in accordance with section 25-1937.When the disposition of any human skeletal remains or burial goods is disputed and subject to arbitration under this section, the party in possession of the remains or goods shall retain possession until the arbitration process and appeals provided for in this section are completed.Source  Laws 1989, LB 340, § 11.
NE Code § 12-1212 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-1212 - Civil action; statute of limitation; recovery; attorney's fees.

12-1212.  Civil action; statute of limitation; recovery; attorney's fees.(1) Any person, Indian tribe, or Indian tribal member shall have a civil cause of action against any person alleged to have intentionally violated the Unmarked Human Burial Sites and Skeletal Remains Protection Act or section 28-1301. The action shall be brought within two years of discovery by the plaintiff of the alleged violation or within two years of August 25, 1989, whichever is later. The action shall be filed either in the district court of the county in which the unmarked human burial, human skeletal remains, or burial goods are located or in which the defendant resides.(2) If the plaintiff prevails in an action brought pursuant to this section:(a) The court may award reasonable attorney's fees to the plaintiff and may grant injunctive or other appropriate relief, including forfeiture of any human skeletal remains or burial goods acquired as a result of or equipment used in the violation. The court shall order the disposition of any items forfeited, including the reinterment of any human skeletal remains or burial goods pursuant to the act; and(b) The plaintiff may recover actual damages for each violation.(3) If the defendant prevails in an action brought pursuant to this section, the court may award reasonable attorney's fees to the defendant.Source  Laws 1989, LB 340, § 12.