reglab/housing_qa huggingface dataset:
NE Code § 8-1725 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1725 - Director; investigation; enforcement; powers.

8-1725.  Director; investigation; enforcement; powers.(1) The director may make investigations, within or without this state, as he or she finds necessary or appropriate to:(a) Determine whether any person has violated or is about to violate any provision of the Commodity Code or any rule, regulation, or order of the director; or(b) Aid in enforcement of the Commodity Code.(2) The director may publish information concerning any violation of the code or any rule, regulation, or order of the director.(3) For purposes of any investigation or proceeding under the Commodity Code, the director or any officer or employee designated by rule, regulation, or order may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director finds to be relevant or material to the inquiry.(4)(a) In case of contumacy by or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the director, may issue to that person an order requiring him or her to appear before the director or the officer designated by the director to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court.(b) The request for order of compliance may be addressed to either (i) the district court of Lancaster County or the district court in the county where service may be obtained on the person refusing to testify or produce, if the person is within this state, or (ii) the appropriate district court of this state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.Source  Laws 1987, LB 575, § 25.
NE Code § 8-1726 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1726 - Violations of code; director; powers.

8-1726.  Violations of code; director; powers.(1) If the director believes, whether or not based upon an investigation conducted under section 8-1725, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of the Commodity Code or any rule, regulation, or order under the code, the director may:(a) Issue a cease and desist order;(b) Issue an order imposing a civil penalty in an amount which may not exceed twenty-five thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or(c) Initiate any of the actions specified in subsection (2) of this section.(2) The director may institute any of the following actions in the appropriate district court of this state or in the appropriate courts of another state in addition to any legal or equitable remedies otherwise available:(a) An action for a declaratory judgment;(b) An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with the Commodity Code or any rule, regulation, or order of the director;(c) An action for disgorgement or restitution; or(d) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.(3)(a) The fines and costs shall be in addition to all other penalties imposed by the laws of this state. The director shall collect the fines and costs and remit them to the State Treasurer. The State Treasurer shall credit the costs to the Securities Act Cash Fund and distribute the fines in accordance with Article VII, section 5, of the Constitution of Nebraska.(b) If a person fails to pay the administrative fine or investigation costs referred to in this section, a lien in the amount of such fine and costs may be imposed upon all assets and property of such person in this state and may be recovered by suit by the director. Failure of the person to pay such fine and costs shall constitute a separate violation of the code.Source   Laws 1987, LB 575, § 26;   Laws 1993, LB 283, § 9;  Laws 2019, LB259, § 8.
NE Code § 8-1727 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1727 - Violations of code; civil remedies.

8-1727.  Violations of code; civil remedies.(1) Upon a proper showing by the director that a person has violated or is about to violate any provision of the Commodity Code or any rule, regulation, or order of the director, the court may grant appropriate legal or equitable remedies.(2) Upon a showing of a violation of the Commodity Code or a rule, regulation, or order of the director, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:(a) Imposition of a civil penalty in an amount which may not exceed twenty-five thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings;(b) Disgorgement;(c) Declaratory judgment;(d) Restitution to investors wishing restitution; and(e) Appointment of a receiver or conservator for the defendant or the defendant's assets.(3) Appropriate remedies when the defendant is shown only about to violate the Commodity Code or a rule, regulation, or order of the director shall be limited to:(a) A temporary restraining order;(b) A temporary or permanent injunction;(c) A writ of prohibition or mandamus; or(d) An order appointing a receiver or conservator for the defendant or the defendant's assets.(4) The court shall not require the director to post a bond in any official action under the Commodity Code.Source  Laws 1987, LB 575, § 27.
NE Code § 8-1728 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1728 - Violations of commodity code of foreign state; remedies.

8-1728.  Violations of commodity code of foreign state; remedies.(1) Upon a proper showing by the director or securities or commodity agency of a foreign state that a person other than a government or governmental agency or instrumentality has violated or is about to violate any provision of the commodity code of such state or any rule, regulation, or order of the director or securities or commodity agency of the foreign state, the court may grant appropriate legal and equitable remedies.(2) Upon a showing of a violation of the securities or commodity act of the foreign state or a rule, regulation, or order of the director or securities or commodity agency of the foreign state, the court, in addition to traditional legal or equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:(a) Disgorgement; and(b) Appointment of a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state.(3) Appropriate remedies when the defendant is shown only about to violate the securities or commodity act of the foreign state or a rule, regulation, or order of the director or securities or commodity agency of the foreign state shall be limited to:(a) A temporary restraining order;(b) A temporary or permanent injunction;(c) A writ of prohibition or mandamus; or(d) An order appointing a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state.Source  Laws 1987, LB 575, § 28.
NE Code § 8-1729 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1729 - Violations of code; criminal penalties; enforcement.

8-1729.  Violations of code; criminal penalties; enforcement.(1) Any person who willfully violates any provision of the Commodity Code or any rule, regulation, or order of the director under the code shall, upon conviction, be guilty of a Class IV felony.(2) Any person convicted of violating a rule, regulation, or order under the code may be fined but may not be imprisoned if the person proves he or she had no knowledge of the rule, regulation, or order.(3) The director may refer such evidence as is available concerning violations of the code or any rule, regulation, or order of the director to the Attorney General or county attorney who may, with or without reference from the director, initiate criminal proceedings pursuant to the code.Source  Laws 1987, LB 575, § 29.
NE Code § 8-1730 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1730 - Code; administration; use of information for personal gain or benefit prohibited; public information; confidentiality; privilege.

8-1730.  Code; administration; use of information for personal gain or benefit prohibited; public information; confidentiality; privilege.(1) The Commodity Code shall be administered by the Department of Banking and Finance. Neither the director nor any employees of the director shall use any information which is filed with or obtained by the director which is not public information for personal gain or benefit, nor shall the director or any employees of the director conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.(2) Except as provided in subsection (3) of this section, all information collected, assembled, or maintained by the director shall be public information and shall be available for the examination of the public as provided by sections 84-712 to 84-712.09.(3) The following information shall be deemed to be confidential:(a) Information obtained in investigations pursuant to section 8-1725;(b) Information made confidential by sections 84-712 to 84-712.09; or(c) Information obtained from federal agencies which may not be disclosed under federal law.(4) The director may disclose any information made confidential under subdivision (3)(a) of this section to persons identified in section 8-1731.(5) No provision of the Commodity Code shall either create or derogate any privilege which exists at common law, by statute, or otherwise, when any documentary or other evidence is sought under subpoena directed to the director or any employee of the director.Source  Laws 1987, LB 575, § 30.
NE Code § 8-1731 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1731 - Uniform application and interpretation of code; securities regulation and enforcement; governmental cooperation; authorized.

8-1731.  Uniform application and interpretation of code; securities regulation and enforcement; governmental cooperation; authorized.(1) To encourage uniform application and interpretation of the Commodity Code and securities regulation and enforcement in general, the director and the employees of the director may cooperate, including bearing the expense of the cooperation, with the securities agencies or director of another jurisdiction, Canadian province, or territory or such other agencies administering its commodity code, the Commodity Futures Trading Commission, the Securities and Exchange Commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies, and any governmental law enforcement agency.(2) The cooperation authorized by subsection (1) of this section may include, but need not be limited to, the following:(a) Making joint examinations or investigations;(b) Holding joint administrative hearings;(c) Filing and prosecuting joint litigation;(d) Sharing and exchanging personnel;(e) Sharing and exchanging information and documents;(f) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases; and(g) Issuing and enforcing subpoenas at the request of the agency administering such code in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission, or the Securities and Exchange Commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state.Source   Laws 1987, LB 575, § 31;  Laws 2003, LB 217, § 29.
NE Code § 8-1732 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1732 - Director; adopt rules and regulations; standards.

8-1732.  Director; adopt rules and regulations; standards.(1) In addition to specific authority granted elsewhere in the Commodity Code, the director may adopt and promulgate rules, regulations, and orders as are necessary to carry out the code. Such rules and regulations shall include, but not be limited to, rules and regulations defining any terms, whether or not used in the code, insofar as the definitions are not inconsistent with the code. For the purpose of rules and regulations, the director may classify commodities and commodity contracts, persons, and matters within the director's jurisdiction.(2) Unless specifically provided in the Commodity Code, no rule, regulation, or order may be adopted and promulgated unless the director finds that the action is:(a) Necessary or appropriate in the public interest or for the protection of investors; and(b) Consistent with the purposes fairly intended by the policy and provisions of the code.(3) All rules and regulations of the director shall be published.(4) No provision of the Commodity Code imposing any liability shall apply to any act done or omitted in good faith in conformity with a rule, regulation, or order adopted and promulgated by the director, notwithstanding that the rule, regulation, or order may later be amended, rescinded, or determined by judicial or other authority to be invalid for any reason.Source  Laws 1987, LB 575, § 32.
NE Code § 8-1733 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1733 - Service of process.

8-1733.  Service of process.When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by the Commodity Code or any rule, regulation, or order of the director, the engaging in the conduct shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such a person in any action which arises under the Commodity Code. Service may be made by leaving a copy of the process in the office of the director, but it shall not be effective unless (1) the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his or her last address on file with the director and (2) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.Source   Laws 1987, LB 575, § 33;   Laws 1989, LB 20, § 1.
NE Code § 8-1734 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1734 - Purchase, sale, or offer within state; laws applicable; exceptions.

8-1734.  Purchase, sale, or offer within state; laws applicable; exceptions.(1) Sections 8-1717, 8-1720, and 8-1721 shall apply to persons who sell or offer to sell when (a) an offer to sell is made in this state or (b) an offer to buy is made and accepted in this state.(2) Sections 8-1717, 8-1720, and 8-1721 shall apply to persons who buy or offer to buy when (a) an offer to buy is made in this state or (b) an offer to sell is made and accepted in this state.(3) For the purpose of this section, an offer to sell or to buy shall be made in this state, whether or not either party is then present in this state, when the offer (a) originates from this state or (b) is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer.(4) For the purpose of this section, an offer to buy or to sell shall be accepted in this state when acceptance (a) is communicated to the offeror in this state and (b) has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance shall be communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state, reasonably believing the offeror to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance.(5) An offer to sell or to buy shall not be made in this state when (a) the publisher circulates, or there is circulated on his or her behalf, in this state any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this state or which is published in this state but has had more than two-thirds of its circulation outside this state during the past twelve months or (b) a radio or television program originating outside this state is received in this state.Source  Laws 1987, LB 575, § 34.
NE Code § 8-1735 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1735 - Administrative proceeding; notice of intent; summary order; notice; hearing.

8-1735.  Administrative proceeding; notice of intent; summary order; notice; hearing.(1) The director shall commence an administrative proceeding under the Commodity Code by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but shall be in writing.(2) Upon entry of a notice of intent or summary order, the director shall promptly notify all interested parties that the notice or summary order has been entered and the reasons therefor. If the proceeding is pursuant to a notice of intent, the director shall inform all interested parties of the date, time, and place set for the hearing on the notice. If the proceeding is pursuant to a summary order, the director shall inform all interested parties that they have fifteen business days from the entry of the order to file a written request for a hearing on the matter with the director and that the hearing will be scheduled to commence within thirty business days after the receipt of the written request, unless the parties consent to a later date or the hearing officer sets a later date for good cause.(3) If the proceeding is pursuant to a summary order, the director, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the director's own motion.(4) If no hearing is requested and none is ordered by the director, the summary order shall automatically become a final order after thirty business days.(5) If a hearing is requested or ordered, the director, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination.(6) No final order or order after hearing may be returned without (a) appropriate notice to all interested persons, (b) opportunity for hearing by all interested persons, and (c) entry of written findings of fact and conclusions of law.(7) Every hearing in an administrative proceeding under the Commodity Code shall be public unless the director grants a request joined in by all the respondents that the hearing be conducted privately.Source   Laws 1987, LB 575, § 35;  Laws 2001, LB 53, § 24.
NE Code § 8-1736 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1736 - Appeal; procedure.

8-1736.  Appeal; procedure.(1) Any person aggrieved by a final order of the director may obtain a review of the order in the district court of Lancaster County by filing, within sixty days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition for review shall be served upon the director.(2) Upon the filing of a petition for review, except when the taking of additional evidence is ordered by the court pursuant to subsection (5) or (6) of this section, the court shall have exclusive jurisdiction of the matter, and the director may not modify or set aside the order in whole or in part.(3) The filing of a petition for review under subsection (1) of this section shall not, unless specifically ordered by the court, operate as a stay of the director's order, and the director may enforce or ask the court to enforce the order pending the outcome of the review proceedings.(4) Upon receipt of the petition for review, the director shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final by operation of law under subsection (4) of section 8-1735, the director shall certify and file in court the summary order, evidence of its service upon the parties to it, and an affidavit certifying that no hearing has been held and the order became final pursuant to such section.(5) If either the aggrieved party or the director applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the director or other good cause, the court may order the additional evidence to be taken by the director under such conditions as the court considers proper.(6) If new evidence is ordered taken by the court, the director may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.(7) The court shall review de novo the petition based upon the original record before the director as amended under subsections (5) and (6) of this section. The findings of the director as to the facts, if supported by competent, material, and substantive evidence, shall be conclusive. Based upon such review, the court may affirm, modify, enforce, or set aside the order, in whole or in part.(8) The judgment of the court may be appealed to the Court of Appeals.Source   Laws 1987, LB 575, § 36;   Laws 1988, LB 808, § 1;   Laws 1991, LB 732, § 16;   Laws 1992, LB 360, § 1.
NE Code § 8-1737 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1737 - Exemption; burden of proof.

8-1737.  Exemption; burden of proof.It shall not be necessary to refute the existence of any of the exemptions of the Commodity Code in any complaint, information, or indictment or any writ or proceeding brought under the code, and the burden of proof of any such exemption shall be upon the party claiming the same.Source  Laws 1987, LB 575, § 37.
NE Code § 8-1901 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-1901 - Terms, defined.

8-1901.  Terms, defined.For purposes of sections 8-1901 to 8-1903, unless the context otherwise requires:(1) Department means the Department of Banking and Finance; and(2) Financial institution means:(a) A bank, savings bank, building and loan association, savings and loan association, credit union, or trust company, whether chartered by the department, the United States, or a foreign state agency;(b) A subsidiary of a bank holding company or out-of-state bank holding company; or(c) A branch of a financial institution described in subdivision (a) or (b) of this subdivision.Source   Laws 1995, LB 384, § 6;  Laws 2003, LB 131, § 17;  Laws 2007, LB124, § 16;  Laws 2012, LB963, § 13.