reglab/housing_qa huggingface dataset:
NE Code § 81-885.19 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.19 - License; form; broker's branch office; license; fee.

81-885.19.  License; form; broker's branch office; license; fee.(1) The commission shall prescribe the forms of brokers' and salespersons' licenses.(2) If a broker maintains more than one place of business within the state, he or she shall obtain a branch office license for each branch office so maintained by him or her. The commission shall issue a branch office license upon the payment of an annual fee to be established by the commission of not more than fifty dollars per license. The broker or an associate broker shall be the manager of a branch office.(3) The commission shall provide for verification of the current status of licenses electronically or by other means readily available to the public.Source   Laws 1973, LB 68, § 19;   Laws 1983, LB 182, § 17;   Laws 1990, LB 350, § 9;   Laws 1991, LB 204, § 3;  Laws 2002, LB 863, § 17;  Laws 2009, LB29, § 1;  Laws 2011, LB23, § 2;  Laws 2017, LB16, § 3.
NE Code § 81-885.20 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.20 - Broker, salesperson; change in place of business or status; notify commission; fee.

81-885.20.  Broker, salesperson; change in place of business or status; notify commission; fee.(1) Should the broker change his or her place of business, he or she shall forthwith notify the commission in writing of such change.(2) When a salesperson or associate broker leaves the employ of a broker, the employing broker shall immediately forward the license of such employee to the commission and shall furnish such information regarding the termination of employment as the commission may require.(3) When a salesperson or associate broker transfers from one employing broker to another, when an associate broker changes his or her status from associate broker to that of broker, or when a broker changes his or her status to that of associate broker, a transfer fee to be established by the commission of not more than fifty dollars shall be paid to the commission.Source   Laws 1973, LB 68, § 20;   Laws 1983, LB 182, § 18;   Laws 1990, LB 350, § 10;   Laws 1991, LB 204, § 4;  Laws 2006, LB 819, § 3;  Laws 2011, LB23, § 3.
NE Code § 81-885.22 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.22 - Broker, failure to comply with separate bank accounts and trust account provisions; report to Attorney General; action by Attorney General; receiver.

81-885.22.  Broker, failure to comply with separate bank accounts and trust account provisions; report to Attorney General; action by Attorney General; receiver.Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with the provisions of section 81-885.21, or if any broker shall refuse to submit his or her books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition and the commission shall forthwith submit a complete report to the Attorney General of all information available to it. An action may be brought by the State of Nebraska to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action an order or judgment may be entered awarding such preliminary or final injunction as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through or by means of the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon him or her by the court.Source   Laws 1973, LB 68, § 22;   Laws 1978, LB 361, § 9;   Laws 1983, LB 182, § 19.
NE Code § 81-885.23 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.23 - Attorney General; special counsel; appoint; fees allowed; taxed as costs.

81-885.23.  Attorney General; special counsel; appoint; fees allowed; taxed as costs.The Attorney General may appoint special counsel to prosecute the action as provided for in section 81-885.22, and all fees allowed to the receiver and to counsel so appointed shall be taxed as costs in such action as the court may direct.Source  Laws 1973, LB 68, § 23.
NE Code § 81-885.25 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.25 - Censure, revoke, or suspend license; impose civil fine; cease and desist order; hearing; notice; contents.

81-885.25.  Censure, revoke, or suspend license; impose civil fine; cease and desist order; hearing; notice; contents.(1) Before the commission censures a licensee, imposes a civil fine, revokes or suspends a license, or issues a cease and desist order, the commission shall send to the licensee or violator a copy of the complaint by certified mail which contains the charges against the licensee or violator and, unless the licensee or violator waives the right to a hearing and has executed a consent order, give the licensee or violator a hearing on the matter.(2) The licensee or violator shall have full authority to be heard in person or by counsel before the commission in reference to such charges. The commission shall, at least twenty days prior to the date set for hearing, notify the licensee or violator in writing of the date and place of the hearing. Such notice may be served by delivering it personally to the licensee or violator or by sending it by either registered or certified mail to the last-known business address of such licensee or any known address of the violator. If the licensee is an associate broker or a salesperson, the commission shall also notify the broker employing the licensee by mailing a copy of such notice to the broker's last-known business address.Source   Laws 1973, LB 68, § 25;   Laws 1983, LB 182, § 21;   Laws 1984, LB 480, § 2;   Laws 1990, LB 350, § 12;  Laws 2009, LB30, § 8;  Laws 2010, LB691, § 3.
NE Code § 81-885.26 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.26 - Answer to complaint; when.

81-885.26.  Answer to complaint; when.Within twenty days from the time of service of the complaint and notice the licensee may file his or her sworn answer thereto which shall contain all defenses which he or she intends to assert. No motions or other pleadings shall be authorized.Source   Laws 1973, LB 68, § 26;   Laws 1981, LB 238, § 3;   Laws 1990, LB 350, § 13.
NE Code § 81-885.27 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.27 - Hearing; witnesses; subpoenas; depositions.

81-885.27.  Hearing; witnesses; subpoenas; depositions.In the preparation and conducting of the hearing, the director shall have power to issue and sign subpoenas to require the attendance and testimony of any witness and the production of any papers, books, or documents. The chairperson or any member of the commission may administer oaths, examine the witnesses, and take any evidence he or she deems pertinent to the determination of the charges. Any witness subpoenaed shall be entitled to the same fees as prescribed by law in judicial proceedings in the district courts of this state in civil actions and mileage at the rate provided in section 81-1176 for state employees, but the payment of such fees and mileage shall be paid out of and kept within the limits of the funds created from license fees. The party against whom such charges may be filed shall have the right to obtain from the director a subpoena for any witnesses which he or she may desire at such hearing. Depositions may also be taken and used as in civil cases in the district courts.Source   Laws 1973, LB 68, § 27;   Laws 1981, LB 204, § 179.
NE Code § 81-885.28 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.28 - Refusal of witness to attend or testify; proceedings in district court.

81-885.28.  Refusal of witness to attend or testify; proceedings in district court.(1) If any witness so subpoenaed shall refuse to attend the taking of a deposition or the hearing, or if attending shall refuse to testify, the commission may apply to the district court of the county in which the deposition is to be taken or in which the hearing is to be held for an order compelling the attendance of the witness, the giving of testimony, and the production of books, papers, and documents.(2) The application shall be by petition, setting forth:(a) That due notice has been given of the time and place of attendance of the witness or the production of the books, papers, and documents;(b) That the witness has been subpoenaed in the manner prescribed by section 81-885.27; and(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the commission, or officer taking the deposition in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing or deposition.(3) The court, upon petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he or she has not attended, testified, or produced the books, papers, or documents before the commission. A certified copy of the order shall be served upon the witness.(4) If at the show-cause hearing, it shall appear to the court that the subpoena was regularly issued by the director of the commission, the court shall thereupon enter an order that the witness appear before the commission or the officer taking the deposition at the time and place fixed in the order and testify or produce the required books, papers, or documents, and upon failure to obey such order the witness shall be dealt with as for contempt of court.Source   Laws 1973, LB 68, § 28;   Laws 1983, LB 182, § 22.
NE Code § 81-885.29 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.29 - Findings and determination by commission; license revoked or suspended; when; censure; civil fine; stay of execution; probation.

81-885.29.  Findings and determination by commission; license revoked or suspended; when; censure; civil fine; stay of execution; probation.After the hearing the commission shall state in writing, officially signed by the chairperson and attested to by the director, its findings and determination and its order in the matter. If the commission determines that the licensee has been guilty of any violation of the Nebraska Real Estate License Act or the rules and regulations of the commission or the violator has been guilty of a violation of section 81-885.03, the commission may revoke or suspend the license, enter an order censuring the licensee, or impose a civil fine on a licensee pursuant to section 81-885.10 or on a violator pursuant to section 81-885.03. The execution of a penalty of suspension may be stayed by the commission and the licensee may be placed on probation for the suspension period, after satisfactory completion of which his or her license shall be fully reinstated. Any violation of the act or the rules and regulations by the licensee during the period of probation shall cause the immediate execution of the suspension penalty.Source   Laws 1973, LB 68, § 29;   Laws 1975, LB 354, § 4;   Laws 1983, LB 182, § 23;   Laws 1990, LB 350, § 14;  Laws 2002, LB 863, § 20;  Laws 2009, LB30, § 9;  Laws 2010, LB691, § 4.
NE Code § 81-885.30 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.30 - Appeal; procedure.

81-885.30.  Appeal; procedure.An order of the commission which has become final may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1973, LB 68, § 30;   Laws 1981, LB 238, § 4;   Laws 1988, LB 352, § 169.  Cross References  Administrative Procedure Act, see section 84-920.Annotations Action by Real Estate Commission to suspend license is arbitrary and capricious where it is taken on findings of fact that do not represent a breach of conduct within the terms of the statute. Judicial review of a commission order issued before the effective date of the 1981 amendment to this section is under the amendment, where district court acted on the appeal after the amendment took effect. Hancock v. State ex rel. Real Estate Comm., 213 Neb. 807, 331 N.W.2d 526 (1983).
NE Code § 81-885.31 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.31 - Civil fines; distribution; collection procedure.

81-885.31.  Civil fines; distribution; collection procedure.(1) All civil fines collected pursuant to the Nebraska Real Estate License Act shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.(2) Any civil fine imposed pursuant to the act which remains unpaid for more than sixty days shall constitute a debt to the State of Nebraska which may be recovered by the Attorney General, along with reasonable attorney's fees and court costs, in a proper form of action in the name of the state in the district court of the county in which the violator resides. The commission shall consider such debt to be grounds for denial, refusal to renew, or refusal to reinstate a license under the act or grounds for additional disciplinary action by the commission.Source Laws 2009, LB30, § 10.
NE Code § 81-885.33 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.33 - Subdivision real estate; sale or offer to sell; requirements.

81-885.33.  Subdivision real estate; sale or offer to sell; requirements.It shall be unlawful for any person, partnership, limited liability company, or corporation to sell or offer for sale any real estate in a subdivision except by a broker and his or her employees duly licensed in this state.Source   Laws 1973, LB 68, § 33;   Laws 1983, LB 182, § 24;   Laws 1993, LB 121, § 534;  Laws 2002, LB 863, § 21.
NE Code § 81-885.35 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.35 - Subdivision real estate; investigation; expenses; certificate; conditions.

81-885.35.  Subdivision real estate; investigation; expenses; certificate; conditions.(1) The commission shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the commission in investigating such real estate and the proposed sale thereof in this state shall be borne by the applicant and the commission shall require a deposit sufficient to cover such expenses prior to incurring the same.(2) No application shall be approved by the commission unless the subdivider offers satisfactory proof of his or her ability to provide promised public improvements such as but not limited to water, sewer, gas, and streets. Satisfactory proof shall be in the form of performance bonds or other security.(3) Obtaining a certificate of registration shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such applicant in any action arising out of the applicant's activity in this state.Source   Laws 1973, LB 68, § 35;   Laws 1983, LB 447, § 96;   Laws 1983, LB 182, § 26.
NE Code § 81-885.36 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.36 - Subdivision real estate; application for certificate; approval; fee; renewal.

81-885.36.  Subdivision real estate; application for certificate; approval; fee; renewal.If the application is approved, the commission shall issue a certificate of registration to the applicant. After issuance of a certificate, an annual fee of fifty dollars plus ten dollars for each one hundred lots or fraction thereof computed on the number of lots in the original application shall be due and payable on or before January 1 of each year. Failure to remit annual fees when due shall automatically cancel such certificate, but otherwise such certificate shall remain in full force and effect if the commission determines from satisfactory investigation that such certificate should be renewed. Before issuing the renewal certificate each year, the certificate holder shall furnish to the commission such information as may be requested by the commission. If an investigation is required, the cost of making the investigation shall be paid by the certificate holder.Source  Laws 1973, LB 68, § 36.
NE Code § 81-885.37 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.37 - Subdivision real estate; instrument conveying an interest; recordable form; recording.

81-885.37.  Subdivision real estate; instrument conveying an interest; recordable form; recording.Any instrument conveying an interest in the subdivided real estate shall be in recordable form and the subdivider or buyer may record such instrument in the county where the real estate is located and in the office where deeds are recorded.Source  Laws 1973, LB 68, § 37.
NE Code § 81-885.38 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.38 - Subdivision real estate; representations that commission has inspected and approved; unlawful.

81-885.38.  Subdivision real estate; representations that commission has inspected and approved; unlawful.No broker or salesperson shall in any manner refer to the commission or any member or employee thereof in selling, offering for sale, or advertising or otherwise promoting the sale, mortgage, or lease of any such real estate, nor make any representation whatsoever that such real estate has been inspected or approved or otherwise passed upon by the commission or any state official, department, or employee.Source   Laws 1973, LB 68, § 38;   Laws 1983, LB 182, § 27.
NE Code § 81-885.39 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.39 - Subdivision real estate; cease and desist orders.

81-885.39.  Subdivision real estate; cease and desist orders.The director, with the consent of the commission, shall have the power to issue a cease and desist order upon determination that sections 81-885.33 to 81-885.38 have been or are about to be violated.Source  Laws 1973, LB 68, § 39.
NE Code § 81-885.40 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.40 - Subdivision real estate; failure to comply with sections; contract void; repayment of money with interest.

81-885.40.  Subdivision real estate; failure to comply with sections; contract void; repayment of money with interest.Failure on the part of any person, partnership, limited liability company, or corporation to comply with sections 81-885.33 to 81-885.39 shall render any contract (1) entered into in this state or (2) arising out of contacts between the purchaser and subdivider within this state void and unenforceable, and any money paid under such contract to the subdivider, together with interest at the rate of six percent per annum from date of such payment, may be recovered in an action at law brought in the county where the cause of action or some part thereof arose.Source   Laws 1973, LB 68, § 40;   Laws 1993, LB 121, § 536;  Laws 2002, LB 863, § 23.
NE Code § 81-885.41 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.41 - Subdivision real estate; industrial or commercial properties.

81-885.41.  Subdivision real estate; industrial or commercial properties.Sections 81-885.33 to 81-885.40 shall not apply to the sale or lease of lots in a subdivision for industrial or commercial properties.Source  Laws 1973, LB 68, § 41.
NE Code § 81-885.42 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.42 - Subdivision real estate; sales of twenty-five or more lots.

81-885.42.  Subdivision real estate; sales of twenty-five or more lots.Sections 81-885.33 to 81-885.40 shall not apply to sale or lease of real estate not pursuant to a common promotional plan to offer or sell twenty-five or more lots in a subdivision.Source  Laws 1973, LB 68, § 42.
NE Code § 81-885.43 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.43 - Violations; Attorney General; maintain action.

81-885.43.  Violations; Attorney General; maintain action.Except as provided in subsection (2) of section 81-885.31, whenever, in the judgment of the commission, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Nebraska Real Estate License Act, the Attorney General may maintain an action in the name of the State of Nebraska, in the district court of the county in which such violation or threatened violation occurred, to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with the act. The plaintiff shall not be required to give any bond nor shall any court costs be adjudged against the plaintiff.Source   Laws 1973, LB 68, § 43;   Laws 1983, LB 182, § 28;  Laws 2009, LB30, § 11.
NE Code § 81-885.44 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.44 - Complaint for violations of act.

81-885.44.  Complaint for violations of act.The commission by and through its director may prefer a complaint for violation of the Nebraska Real Estate License Act.Source   Laws 1973, LB 68, § 44;   Laws 1983, LB 182, § 29;  Laws 2009, LB30, § 12.
NE Code § 81-885.45 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.45 - Acting without license or certificate; penalty.

81-885.45.  Acting without license or certificate; penalty.Any person or subdivider acting as a broker, salesperson, or subdivider without having first obtained the required license or subdivision certificate or while his or her license or subdivision certificate is under suspension shall be guilty of a Class II misdemeanor.Source   Laws 1973, LB 68, § 45;   Laws 1975, LB 354, § 5;   Laws 1977, LB 39, § 296;   Laws 1978, LB 361, § 12;   Laws 1985, LB 109, § 2;  Laws 2002, LB 863, § 24.
NE Code § 81-885.46 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.46 - License or certificate under prior law; renewal.

81-885.46.  License or certificate under prior law; renewal.Any real estate license or subdivision certificate issued prior to September 2, 1973, shall, for purposes of renewal, be considered to have been originally issued under the Nebraska Real Estate License Act.Source   Laws 1973, LB 68, § 46;   Laws 1983, LB 182, § 30;  Laws 2009, LB30, § 13.
NE Code § 81-885.48 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-885.48 - Terms, how construed.

81-885.48.  Terms, how construed.Except for purposes of section 81-885.04, the terms employ, employed, employer, or employee as used in the Nebraska Real Estate License Act shall not necessarily be construed to imply an employer and employee relationship. The use of such terms shall not prohibit the establishment of any independent contract or other relationship between a business and an individual, between individuals, or between businesses, including an employer and employee relationship.Source   Laws 1978, LB 361, § 13;  Laws 2009, LB30, § 14.