reglab/housing_qa huggingface dataset:
NE Code § 2-2645 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2645 - Violation of act; claim of damages; inspection; failure to file report or cooperate with department; effect.

2-2645.  Violation of act; claim of damages; inspection; failure to file report or cooperate with department; effect.(1) A person claiming damages from a pesticide use may file with the department a written report claiming that the person has been damaged. The report shall be filed as soon as possible following the day of the alleged occurrence.(2) Except as otherwise provided in the Pesticide Act, upon receipt of a report if the department has reasonable cause to believe that a violation of the act has occurred, it shall investigate such report to determine if any violation has occurred and if any enforcement action shall be taken under the act. The department is not required to investigate any complaint that the department determines is made more than ninety days after the person complaining knew of the incident or damages, is outside the scope of the Pesticide Act, or is determined by the department to involve a matter which is frivolous, minor, or insignificant under the intent of the act. If a complaint is investigated, the department shall notify the licensee, owner, or lessee of the property on which the alleged act occurred and any other person who may be charged with responsibility for the damages claimed. The department shall furnish copies of the report to such licensee, owner, lessee, or other person upon receiving a written request. Nothing in this subsection shall be construed to require the department to take enforcement action in any matter.(3) The department shall inspect damages whenever possible and shall report its findings to the person claiming damage and to the person alleged to have caused the damage. The claimant shall permit the department and the licensee to inspect, within reasonable hours, the property alleged to have been damaged. If the claimant refuses to permit the department to inspect the property alleged to have been damaged, or fails to provide additional information regarding the allegation when requested by the department, the department may decline to investigate the claim.(4) Failure to file a report shall not bar maintenance of a civil or criminal action. If a person fails to file a report or cooperate with the department and is the only person claiming injury from the particular use of a pesticide, the department may, if in the public interest, refuse to take action or hold a hearing for the denial, suspension, or revocation of a license issued under the act to the person alleged to have caused the damage.Source   Laws 1993, LB 588, § 24;  Laws 2002, LB 436, § 23;  Laws 2009, LB100, § 6;  Laws 2019, LB320, § 17.
NE Code § 2-2646.01 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2646.01 - Pesticide business; owner or operator; liability.

2-2646.01.  Pesticide business; owner or operator; liability.Any person who owns or operates a business that uses pesticides on the property of another person for hire or compensation shall be responsible for the acts or omissions of anyone using a pesticide for such business. Such person shall be subject to the same fines, license actions, and other enforcement actions prescribed by the Pesticide Act for violations under the act as the applicator.Source  Laws 2002, LB 436, § 12;  Laws 2013, LB69, § 12.
NE Code § 2-2647 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2647 - Violations; penalties; Attorney General or county attorney; duties.

2-2647.  Violations; penalties; Attorney General or county attorney; duties.(1) Any person who commits an unlawful act under the Pesticide Act, any rules and regulations adopted and promulgated under the act, or any final order of the department shall (a) be guilty of a Class III misdemeanor and, upon a subsequent conviction thereof, be guilty of a Class I misdemeanor and (b) be subject to a restraining order, a temporary or permanent injunction, or a mandatory injunction if such person has violated, is violating, or is threatening to violate the act, the rules and regulations adopted and promulgated pursuant to the act, or any final order of the department. The district court of the county where the violation has occurred, is occurring, or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.(2) It shall be the duty of the Attorney General or the county attorney of the county in which the violation of the act has occurred, is occurring, or is about to occur, when notified by the director of such violation or threatened violation, to pursue appropriate proceedings without delay pursuant to this section.(3) Nothing in this section shall be construed to require the director to report all acts for prosecution if in the opinion of the director the public interest will best be served through other administrative or civil procedures.Source  Laws 1993, LB 588, § 26.
NE Code § 2-2648 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2648 - Violations; civil fine; jurisdiction; Attorney General or county attorney; duties.

2-2648.  Violations; civil fine; jurisdiction; Attorney General or county attorney; duties.(1) Any person who violates any provision of the Pesticide Act, the rules and regulations adopted and promulgated under the act, or any final order of the department may be subject to a civil fine of not more than fifteen thousand dollars for each offense, and in the case of a continuing violation, each day of violation shall constitute a separate offense. The district court of the county where the violation has occurred, is occurring, or is about to occur shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.(2) It shall be the duty of the Attorney General or the county attorney of the county in which the violation of the act has occurred, is occurring, or is about to occur, when notified by the director of such violation or threatened violation, to pursue appropriate proceedings without delay pursuant to this section.Source  Laws 1993, LB 588, § 27.
NE Code § 2-2649 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2649 - Violations; hearing; order.

2-2649.  Violations; hearing; order.Whenever the director has reason to believe that any person has violated any provision of the Pesticide Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the department, the director may issue a notice of hearing as provided for in section 2-2649.02 requiring the person to appear before the director (1) to show cause why an order should not be entered requiring such person to cease and desist from the violation charged. If after a hearing the director finds such person to be in violation of the act or the rules and regulations, he or she shall enter an order requiring the person to cease and desist from the specific act, practice, or omission, (2) to determine whether an administrative fine should be imposed or levied against the person pursuant to subdivision (9) of section 2-2626, or (3) to determine whether the license of such person should be denied. Proceedings initiated pursuant to this section shall not preclude the department from pursuing other administrative, civil, or criminal actions.Source   Laws 1993, LB 588, § 28;  Laws 2002, LB 436, § 25;  Laws 2006, LB 874, § 13.
NE Code § 2-2649.01 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2649.01 - Violation warning letter; contents.

2-2649.01.  Violation warning letter; contents.Whenever the director has reason to believe that a violation of any provision of the Pesticide Act, any rule or regulation adopted and promulgated pursuant to the act, or any order of the director has occurred, the director may issue a violation warning letter. A violation warning letter shall specify all provisions of the act, rules and regulations, or order alleged to have been violated and the acts or omissions with which the person named in the violation warning letter is charged. A violation warning letter shall become final unless the person named in the violation warning letter, within twenty days after receiving the violation warning letter, requests a hearing before the director. Whenever a hearing is requested pursuant to this section, the director shall issue a notice of hearing as provided for in section 2-2649.02.Source Laws 2002, LB 436, § 21.
NE Code § 2-2650 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2650 - Violations; severity of penalty; considerations.

2-2650.  Violations; severity of penalty; considerations.Whenever a violation of the Pesticide Act has occurred, the following shall be considered when determining the severity or amount of any administrative or civil fine, the issuance of a cease and desist order, or the disposition of any license:(1) The culpability and good faith of and any past violations by such person;(2) The seriousness of the violation, including the amount of any actual or potential risk to human health or environment; and(3) The extent to which the person derived financial gain as a result of permitting or committing the violation, including a determination of the size of the company itself and the impact on it.Source  Laws 1993, LB 588, § 29.
NE Code § 2-2651 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2651 - Fines; distribution and collection.

2-2651.  Fines; distribution and collection.(1) All money collected as a civil or an administrative fine shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.(2) Any civil or administrative fine which remains unpaid for more than sixty days shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure or sued for and recovered in any proper forum of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property.Source   Laws 1993, LB 588, § 30;  Laws 2006, LB 874, § 14.
NE Code § 2-2652 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2652 - Final judgments; failure to satisfy; effect.

2-2652.  Final judgments; failure to satisfy; effect.(1) A pesticide dealer or a commercial, noncommercial, or private applicator or an applicant for any such license shall not allow a final judgment against the applicant or licensee for damages arising from a violation of a provision of the Pesticide Act to remain unsatisfied for a period of more than thirty days.(2) Failure to satisfy within thirty days a final judgment resulting from any activity regulated under the act shall result in automatic suspension or denial of the applicable license.Source  Laws 1993, LB 588, § 31.
NE Code § 2-2653 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2653 - Duties and responsibilities of department; subject to appropriation.

2-2653.  Duties and responsibilities of department; subject to appropriation.Notwithstanding any other provision of the Pesticide Act, the duties and responsibilities of the department under the act shall be subject to adequate federal, cash, and general funding appropriation being made by the Legislature. If adequate funds are not made available under the act, the department shall submit a revised state pesticide applicator certification plan to the federal agency outlining the current program.Source   Laws 1993, LB 588, § 32;  Laws 2019, LB320, § 19.
NE Code § 2-2654 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2654 - Department order; appeal.

2-2654.  Department order; appeal.Any person aggrieved by any order of the department may appeal such order to the district court. Such appeal shall be in accordance with the Administrative Procedure Act.Source  Laws 1993, LB 588, § 33.Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 2-2655 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2655 - Nebraska aerial pesticide business license; when required; liability; exempt operations.

2-2655.  Nebraska aerial pesticide business license; when required; liability; exempt operations.(1) A person shall not apply pesticides by use of an aircraft or cause or arrange aerial pesticide spraying operations to occur on the property of another unless such person holds a Nebraska aerial pesticide business license for the principal departure location of the aircraft to be used. Any person applying pesticides without a principal departure location licensed in this state and who applies pesticides by use of an aircraft within this state may obtain a Nebraska aerial pesticide business license for the principal out-of-state departure location. An individual licensed as a commercial applicator shall apply pesticides by use of an aircraft only under the direct supervision of a person holding a Nebraska aerial pesticide business license. Such supervising license holder is jointly liable with the commercial applicator for any damages caused by the commercial applicator. An individual who is licensed as a commercial applicator with an aerial pest control category may perform aerial operations without the supervision by a person holding a Nebraska aerial pesticide business license if the commercial aerial applicator acquires a Nebraska aerial pesticide business license. For purposes of sections 2-2655 to 2-2659, unless utilizing a licensed aerial pesticide business to perform the application of pesticides by use of an aircraft, a person causing or arranging aerial pesticide spraying operations shall include a person performing billing and collection of payment for aerial spraying services performed, employing or contracting with pilots to perform aerial applications, assigning aerial spraying work orders to pilots, or paying compensation to pilots for aerial spraying services performed whether or not such person is licensed as a commercial applicator.(2) Sections 2-2655 to 2-2659 shall not apply to aerial spraying operations conducted by federal, state, or local government with public aircraft.Source Laws 2010, LB254, § 2.
NE Code § 2-2656 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2656 - Nebraska aerial pesticide business license; application; form; contents; fee; resident agent or consent to jurisdiction.

2-2656.  Nebraska aerial pesticide business license; application; form; contents; fee; resident agent or consent to jurisdiction.(1) An application for an initial or renewal Nebraska aerial pesticide business license shall be submitted to the department prior to the commencement of aerial spraying operations, and an application for renewal of a Nebraska aerial pesticide business license shall be submitted to the department before commencement of application of pesticides. The application shall be accompanied by an annual license fee of one hundred dollars. The license fee may be increased by the director after a public hearing is held outlining the reason for any proposed change in the fee, except that the fee shall not exceed one hundred fifty dollars. All fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Pesticide Administrative Cash Fund. The application shall be on a form prescribed by the department and shall include the following:(a) The full name and permanent mailing address of the person applying for such license. If such applicant is an individual, the application shall include the applicant's personal mailing address. If such applicant is not an individual, the full name of each partner or member or the full name of the principal officers shall be given on the application;(b) The location of the applicant's principal departure location and any additional departure locations utilized for aerial spraying operations to be conducted within Nebraska identified by one of the following: Global Positioning System coordinates, legal description, local address of the site, or airport identifier;(c) A copy of the applicant's agricultural aircraft operator certificate issued pursuant to 14 C.F.R. part 137 or evidence the applicant holds such a certificate issued by the Federal Aviation Administration;(d) The aircraft registration number issued by the Federal Aviation Administration pursuant to 14 C.F.R. part 47 of all aircraft owned, rented, or leased by the applicant to be utilized for aerial pesticide applications and all other aircraft utilized in aerial spraying operations conducted by the applicant;(e) The Nebraska commercial applicator certificate number and current Federal Aviation Administration commercial pilot certificate number of all persons operating aircraft for the aerial application of pesticides during any aerial spraying operations conducted by the applicant; and(f) Such other information as deemed necessary by the director to determine the suitability of the applicant for licensure as an aerial pesticide business.(2) An applicant located outside this state shall file with the department either a written designation of a resident agent for service of process or a written consent to the jurisdiction of this state for actions taken in the administration and enforcement of the Pesticide Act.Source  Laws 2010, LB254, § 3;  Laws 2013, LB69, § 13;  Laws 2019, LB320, § 20.
NE Code § 2-2657 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2657 - Nebraska aerial pesticide business license; reports and notice required.

2-2657.  Nebraska aerial pesticide business license; reports and notice required.Prior to commencing aerial spraying operations, a person holding a Nebraska aerial pesticide business license shall immediately report all aircraft, pilots, and departure locations utilized for the operation if different from or in addition to the information provided in the person's initial or renewal license application. If a pilot or aircraft is to be utilized for seasonal operations or on a temporary basis, the license holder shall notify the director of the approximate dates of commencement and termination of the utilization of supplemental pilots or aircraft.Source Laws 2010, LB254, § 4.
NE Code § 2-2658 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2658 - Nebraska aerial pesticide business license holder; responsibility; disciplinary actions; hearing.

2-2658.  Nebraska aerial pesticide business license holder; responsibility; disciplinary actions; hearing.Each Nebraska aerial pesticide business license holder is responsible for the acts of each person applying pesticides on lands within this state under the direction and supervision of the business. The aerial pesticide business's license is subject to denial, suspension, modification, or revocation after a hearing for any violation of the Pesticide Act, whether committed by the license holder, the license holder's agent, or the license holder's employee.Source Laws 2010, LB254, § 5.
NE Code § 2-2659 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2659 - Aerial pesticide business; records.

2-2659.  Aerial pesticide business; records.Each aerial pesticide business shall maintain records of applications of pesticides by use of an aircraft that are required by the department, and the department may require such records to be kept separate from other business records. The department may adopt and promulgate rules and regulations regarding the information to be included in the records. The aerial pesticide business shall keep such records for a period of at least three years, provide the department with access to examine such records, and provide the department a copy of any such record upon request.Source Laws 2010, LB254, § 6.
NE Code § 2-2701.01 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2701.01 - Terms, defined.

2-2701.01.  Terms, defined.For purposes of sections 2-2701 to 2-2711, unless the context otherwise requires:(1) Board means the University of Nebraska Board of Tractor Test Engineers which shall consist of three engineers under the control of the university;(2) Current tractor model means any model included in the manufacturer's annual price list of tractors being offered for sale by its dealers or distributors;(3) Department means the Department of Agriculture;(4) Director means the Director of Agriculture or his or her authorized representative;(5) Person means bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations; and(6) Tractor means a traction machine designed and advertised primarily to supply power to agricultural implements and farmstead equipment. An agricultural tractor propels itself and provides a force in the direction of travel and may provide mechanical, hydraulic, and electrical power and control to enable attached soil-engaging and other agricultural implements to perform their intended function.Source   Laws 1986, LB 768, § 1;   Laws 1989, LB 381, § 1;   Laws 1993, LB 121, § 67;  Laws 2012, LB907, § 2.
NE Code § 2-2701.02 (2021)
2021 Nebraska Revised Statutes|Chapter 2 - Agriculture|2-2701.02 - Sales permit; information required; notice to purchaser; liability for damages.

2-2701.02.  Sales permit; information required; notice to purchaser; liability for damages.(1) Any person who applies for a permit to sell a tractor model in the state shall provide to the department at the time of application information on the availability and accessibility of service and replacement parts for such tractor model. Such information shall include the names and addresses of any regional service, parts, or supply dealers, instructions on how to order parts and supplies, and any limitations as to the availability and accessibility of service and replacement parts. Any person who fails to provide the information required in this section shall not be issued a sales permit for the tractor model. The information received by the department pursuant to this section shall be public information.(2) Any person who initially sells to the ultimate consumer a current tractor model for which a sales permit has been issued after April 17, 1986, shall provide to the purchaser written notice that the information required in subsection (1) of this section has been filed with and is available at the department. Any remedy for failure to comply with this subsection shall be as provided in subsection (3) of this section.(3) Any person who provides to the department information required in subsection (1) of this section which is inaccurate at the time of application shall be liable for damages to any injured purchaser of the tractor for which a sales permit has been issued, and any person who fails to provide the notice required in subsection (2) of this section shall be liable for damages to the person who purchased such tractor from such person. For purposes of this section, damages may include, but shall not be limited to, loss of profits, the additional cost of shipment of parts, and the additional cost of obtaining parts or services from another provider. In any action brought under this section, the court may award reasonable attorney's fees to the prevailing party.Source  Laws 1986, LB 768, § 3.