reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-503 - Pipeline carriers; tapping pipeline; commission may authorize.

75-503.
Pipeline carriers; tapping pipeline; commission may authorize.
Upon written application of any person who operates or proposes to operate any refinery in this state, after hearing, if in the judgment of the commission the public good shall require, the commission shall enter an order authorizing the tapping of any pipeline at or near any point where the refinery is established or is proposed to be established. In the order, the commission shall provide for the reimbursement of the owner of the pipeline for any expense incident to the tapping thereof for the purposes provided in this section.
Source
Laws 1963, c. 425, art. V, § 3, p. 1417;
Laws 1994, LB 414, § 99.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-701 - Public Service Commission; jurisdiction denied.

75-701.
Public Service Commission; jurisdiction denied.
The commission shall have no jurisdiction over the rates, tolls, rents, and charges of districts organized under sections 70-601 to 70-672.
Source
Laws 1963, c. 425, art. VII, § 1, p. 1422;
Laws 1987, LB 28, § 1;
Laws 1994, LB 414, § 113.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-702 - Transmission lines; intersections between railroads and highways; jurisdiction of commission.

75-702.
Transmission lines; intersections between railroads and highways; jurisdiction of commission.
The commission shall have general supervision over any and all wires for transmitting electric current, or any other wire whatsoever, which crosses under or over any railroad track in this state at public highway crossings.
Source
Laws 1963, c. 425, art. VII, § 2, p. 1422;
Laws 1994, LB 414, § 114.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-703 - Intersections between railroads and highways; rules and regulations.

75-703.
Intersections between railroads and highways; rules and regulations.
The commission shall adopt and promulgate rules and regulations prescribing the manner in which the wires specified in section 75-702 will cross such railroad tracks in this state at public highway crossings.
Source
Laws 1963, c. 425, art. VII, § 3, p. 1422;
Laws 1994, LB 414, § 115.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-704 - Intersections between railroads and highways; prohibited acts.

75-704.
Intersections between railroads and highways; prohibited acts.
It shall be unlawful for any person to place any wire across any railroad track in this state at public highway crossings except in such manner as may be prescribed by the commission as provided in section 75-703.
Source
Laws 1963, c. 425, art. VII, § 4, p. 1422;
Laws 1994, LB 414, § 116.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-705 - Intersections between railroads and highways; crossing; commission may prescribe changes; cost.

75-705.
Intersections between railroads and highways; crossing; commission may prescribe changes; cost.
The commission shall, either by personal examination or otherwise, obtain information where the railroad track at public highway crossings is crossed by wires strung over the track contrary to or not in compliance with the rules prescribed by the commission, as contemplated by section 75-703, and shall order such change to be made by the person who owns or operates such wires as it may deem necessary to make the wires comply with such rules and within such reasonable time as it may prescribe. If the owner of the railroad and the other interested person are unable to agree as to which party shall bear the cost of any part of any such changes, the commission shall decide and determine which party shall bear the cost of such changes at public highway crossings.
Source
Laws 1963, c. 425, art. VII, § 5, p. 1422;
Laws 1994, LB 414, § 117.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-706 - Intersections between railroads and highways; crossing of wires; clearance.

75-706.
Intersections between railroads and highways; crossing of wires; clearance.
If any wire crosses over railroad track, in no case shall the commission prescribe a less clearance than twenty-five feet above the rails under the most unfavorable conditions of temperature and loading for all wires except electric wires for trolley cars, and such wires shall not be placed at a height of less than twenty-two feet from the top of the rails.
Source
Laws 1963, c. 425, art. VII, § 6, p. 1423;
Laws 1994, LB 414, § 118.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-707 - Intersections between railroads and highways; crossing of wires; regulation.

75-707.
Intersections between railroads and highways; crossing of wires; regulation.
The commission shall regulate the crossing of wires across railroad rights-of-way at public highways within the state, except that when the crossing entity is a railroad operator, the owners shall attempt to agree upon the terms and conditions of such crossing, and if such agreement cannot be concluded, the commission shall determine the terms and conditions subject to the provisions of sections 75-702 to 75-708.
Source
Laws 1963, c. 425, art. VII, § 7, p. 1423;
Laws 1994, LB 414, § 119.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-708 - Wires; violation; penalty; enforcement.

75-708.
Wires; violation; penalty; enforcement.
Any person who strings or maintains any wire across any railroad right-of-way in this state at a different height or in a different manner than that prescribed by the commission, shall forfeit and pay to the State of Nebraska the sum of one hundred dollars for each separate period of ten days during which such wire is so maintained, such forfeiture to be recovered in a civil action brought in any court of competent jurisdiction in the name of the State of Nebraska, by the Attorney General, or by the county attorney of the county in which the wire is situated, at the request of the commission. The Attorney General and the respective county attorneys shall bring such action forthwith upon being so requested.
Source
Laws 1963, c. 425, art. VII, § 8, p. 1423;
Laws 1994, LB 414, § 120.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-709 - Electric lines; clearance from other lines.

75-709.
Electric lines; clearance from other lines.
All lines constructed for the transmission of electric current, including telephone and telegraph lines, on the public highways or in other places in this state, except as provided in section 75-724, shall provide sufficient clearance between such lines and existing properly constructed transmission, telephone, and telegraph lines so that they do not interfere with the reasonable safety, operation, and efficiency of existing lines.
Source
Laws 1963, c. 425, art. VII, § 9, p. 1423;
Laws 1994, LB 414, § 121.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-710 - Electric line; construction or voltage increase; application required, when.

75-710.
Electric line; construction or voltage increase; application required, when.
If the voltage of any electric line described in section 75-709 will exceed fifteen thousand volts and such line will be within one-quarter mile of any existing electrical or communication line of any other person or signal line of any railroad or if the voltage of such electric line will exceed seven hundred volts and such line will be within five hundred feet of the electrical or communication line of any other person or signal line of any railroad, application to construct the line shall be made to the commission, except that no application shall be required for any line which will not exceed fifteen thousand volts, which will not exceed six hundred sixty feet in length, and which will be more than seventy-five feet from any existing electrical or communication line of any other person or signal line of any railroad. The projectors of such line shall file with their application (1) a map or drawing showing the route of the proposed line and any existing electrical or communication lines or railroad signal lines within the respective distances described in this section, which drawing shall identify and give the names of the owners of such other lines, (2) specifications showing the manner of the construction of the proposed line, and (3) such other information as the commission may prescribe. Application shall be made to increase the voltage of an existing line in the manner stated for new construction as provided in this section.
Source
Laws 1963, c. 425, art. VII, § 10, p. 1424;
Laws 1980, LB 611, § 1;
Laws 1981, LB 485, § 1;
Laws 1994, LB 414, § 122.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-711 - Application to construct line or increase voltage; notice; hearing.

75-711.
Application to construct line or increase voltage; notice; hearing.
Upon application being filed pursuant to section 75-710, the commission shall notify all parties who own or operate electrical or communication lines or railroad signal lines and who are likely to be affected by the construction of the electrical lines to appear at a public hearing at a time and place to be fixed by the commission for hearing of the application. Any such party may appear as provided in the rules of procedure of the commission. The commission shall take into consideration the prior occupancy of the space by existing lines.
Source
Laws 1963, c. 425, art. VII, § 11, p. 1424;
Laws 1981, LB 485, § 2;
Laws 1994, LB 414, § 123.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-712 - Electric line paralleling or intersecting certain telephone lines; inductive interference; effect.

75-712.
Electric line paralleling or intersecting certain telephone lines; inductive interference; effect.
Notwithstanding any provisions of sections 75-709 to 75-711, whenever electric lines which parallel or intersect one-wire ground return telephone lines are constructed, maintained and operated in accordance with recognized standard engineering specifications, the owner of the electric lines shall not be liable for any inductive electrical interference which the use and operation of the electric lines may cause to the one-wire ground return telephone lines, and no application for authority to construct, operate and maintain such electric lines shall be denied because such lines will create inductive interference in any existing one-wire ground return telephone lines.
Source
Laws 1963, c. 425, art. VII, § 12, p. 1424.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-713 - Construction near airports; application; when.

75-713.
Construction near airports; application; when.
Any public utility, public power district, or other governmental subdivision or any person in this state, before engaging in the construction or alteration of any overhead wire, cable, or pipeline, the height of which is greater than five feet above the elevation of an airport which has been approved and licensed by the Division of Aeronautics of the Department of Transportation, for each five hundred feet of the distance that such construction is or will be situated from the nearest boundary of such airport, shall file with the commission an original application for permission to enter upon and complete such construction or alteration and shall also file a copy thereof with the division. No application need be made when the construction or alteration is within the corporate limits of a city or village and is adjacent to other structures of a permanent character which are of equal or greater height than the construction or alteration proposed. No such overhead wire, cable, or pipeline for which application is required to be filed under sections 75-713 to 75-717 shall be constructed or altered without specific permission granted by order of the commission.
Source
Laws 1963, c. 425, art. VII, § 13, p. 1425;
Laws 1980, LB 611, § 2;
Laws 1993, LB 121, § 472;
Laws 1994, LB 414, § 124;
Laws 2017, LB339, § 266.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-714 - Construction near airports; application; notice; hearing; waiver; rules and regulations by Director of Aeronautics.

75-714.
Construction near airports; application; notice; hearing; waiver; rules and regulations by Director of Aeronautics.
Upon the filing of an application by any applicant for permission to construct or alter any overhead wire, cable, or pipeline as provided in section 75-713, the commission shall notify the Director of Aeronautics of the filing of the application and the date that it will be heard before the commission, except that if the application is accompanied by approval in writing of the Director of Aeronautics, the hearing may be waived and the permission granted without such hearing unless otherwise required by law. The Director of Aeronautics shall establish and publish rules and regulations consistent with the rules of the United States Department of Commerce, Division of Aeronautics, and the National Electrical Safety Code covering the requirements that the applicant is required to meet in order to obtain approval for the construction or alteration of any overhead wire, cable, or pipeline which is not exempt from the requirements of section 75-713.
Source
Laws 1963, c. 425, art. VII, § 14, p. 1425;
Laws 1994, LB 414, § 125.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-715 - Construction near airports; notice of hearing; to whom; objections.

75-715.
Construction near airports; notice of hearing; to whom; objections.
The Director of Aeronautics shall notify the owners of and persons operating upon any licensed airport affected by any application filed pursuant to section 75-713 and in the notice shall state the time and place of the hearing. The director may appear at the hearing and make objections to the granting of permission for the construction of any overhead wires, cable, or pipelines when, in his or her opinion, the construction would result in danger to the life, limb, or property of any person carried by and operating aircraft in the vicinity of the licensed airport.
Source
Laws 1963, c. 425, art. VII, § 15, p. 1426;
Laws 1980, LB 611, § 3;
Laws 1994, LB 414, § 126.
Annotations
A party is precluded from objecting to the order of the Public Service Commission if he fails to act in accordance with the time limits prescribed in the statutes governing the procedure to obtain a reversal, modification, or vacation of the order. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979).
An order of the Public Service Commission granting authority to the public power district to construct a transmission line becomes final thirty days after the mailing of a copy of the order, and it may not be revoked after that time. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-716 - Division of Aeronautics; file list of airports with commission.

75-716.
Division of Aeronautics; file list of airports with commission.
The Division of Aeronautics of the Department of Transportation shall at all times maintain on file in the office of the commission a list of the airports currently licensed by the division setting forth the legal description of the real property thus used.
Source
Laws 1963, c. 425, art. VII, § 16, p. 1426;
Laws 1980, LB 611, § 4;
Laws 1994, LB 414, § 127;
Laws 2017, LB339, § 267.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-717 - Construction near airports; hearing; order.

75-717.
Construction near airports; hearing; order.
The commission shall determine from the evidence presented at the hearing held pursuant to section 75-714 whether the applicant has made adequate allowance for the proper glide angles for the landing of aircraft at the airport concerned and shall determine, in conformity with the provisions of section 75-721, what order should be entered in the premises.
Source
Laws 1963, c. 425, art. VII, § 17, p. 1426;
Laws 1994, LB 414, § 128.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-718 - Transmission, telephone, or telegraph lines; commission may vacate side of highway, when.

75-718.
Transmission, telephone, or telegraph lines; commission may vacate side of highway, when.
If a transmission, telephone, or telegraph carrier proposes to construct a line under the provisions of sections 75-709 to 75-724 on a highway both sides of which are occupied by telephone and telegraph lines or transmission lines, the commission shall order one side of the highway vacated, shall designate the side to be vacated, and shall assess the expense thereof to the parties interested in such proportions as in its judgment would best protect the rights of all parties interested and those of the general public.
Source
Laws 1963, c. 425, art. VII, § 18, p. 1426;
Laws 1994, LB 414, § 129.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-719 - Specified electrical transmission lines; construction requirements; applications; exceptions; line extension; delayed application; procedure.

75-719.
Specified electrical transmission lines; construction requirements; applications; exceptions; line extension; delayed application; procedure.
An electrical transmission line for which application is required under section 75-710 will have complied with all the requirements of section 75-710 when built in accordance with the order and specifications of the commission for the construction of a line giving reasonable protection to existing lines. A separate order and set of specifications shall be issued covering the construction of each transmission line or addition thereto. No application need be made to the commission for authority to construct a customer's primary service connection between an existing electric transmission line on either side of a highway and a customer's transformer location. The construction of such a primary service connection shall conform to the requirements of law and the rules and regulations of the commission and shall be used for a customer's service only no part of which shall be along or on a section line, public road, or property owned by another party. A line extension not to exceed one-half mile in length, for which application is required under section 75-710, may be built from an existing electric transmission line prior to obtaining approval of such extension by the commission if all the owners or operators of existing electrical or communication lines, or railroad signal lines located within the respective distances described in section 75-710, and the Director of Aeronautics, if required by sections 75-713 and 75-714, consent to such construction. The construction of such line extension shall conform to the requirements of law and the rules and regulations of the commission. Within thirty days after the construction of such a line extension, an application shall be made for construction of such extension as required in other cases and shall be referred to as a delayed application. All provisions of law relating to electric transmission line applications, notices, hearings, and orders shall apply to such delayed application. Neither the fact that the line extension has been built nor the consent thereto given by owners of other lines shall affect in any way the conclusion or authority of the commission. If it is finally determined that the application should be denied because the line does not comply with law, the owner shall remove the line extension.
Source
Laws 1963, c. 425, art. VII, § 19, p. 1427;
Laws 1980, LB 611, § 5;
Laws 1981, LB 485, § 3.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-720 - Proposed construction; electrical lines; application, notice, or hearing; unnecessary; when.

75-720.
Proposed construction; electrical lines; application, notice, or hearing; unnecessary; when.
Provisions of law requiring filing of applications with the commission and other procedures for proposed construction of any electrical line pursuant to section 75-711 need not be complied with when the electric transmission carrier has given written notice by certified mail, with a copy to the commission by certified mail, of such proposed construction providing full information, including location drawing, electrical characteristics, physical configuration, and length of parallel of and proposed separation from other electrical, communication, or railroad signal lines, to any person who owns or operates electrical, communication, or railroad signal lines within the respective distances described in section 75-710, and such person has failed to file with such electric transmission carrier, within sixty days of receipt of the notice, a written protest, together with the reasons for objecting to the proposed construction. The sixty-day notice period for protest may be waived by signed agreement between such person and the electric transmission carrier. Receipt of a waiver shall be evidence that the sixty-day notice period is also waived. When the electric transmission carrier proposing the construction is required by section 75-713 to file an application with the commission or wants to receive a commission ruling, it shall file with its application copies of the notices sent by certified mail or signed copies of agreements with any person who owns or operates electrical, communication, or railroad signal lines within the respective distances described in section 75-710 and a signed copy of the agreement of the Director of Aeronautics if required by law, indicating their concurrence in the proposed construction. Upon receipt of such filing, the commission may approve the application to construct and may grant a permit without notice or a public hearing.
Source
Laws 1963, c. 425, art. VII, § 20, p. 1428;
Laws 1980, LB 611, § 6;
Laws 1981, LB 485, § 4;
Laws 1994, LB 414, § 130.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-721 - Construction; operation; commission may regulate.

75-721.
Construction; operation; commission may regulate.
The commission may prohibit the construction of any line found to be in violation of the terms of section 75-709. After the hearing provided for in section 75-711, the commission shall make such order and prescribe such terms and conditions for the location, construction, and operation of the proposed line as it may deem just and reasonable. It may make such orders in the premises as in its judgment would best protect the rights of all parties interested and those of the general public. It is hereby made unlawful for any person, not specifically exempt, to begin or carry on the construction of any line designed to carry electric current for which application is required under section 75-710 or to increase the voltage of any existing line which would require such application without having first secured authority from the commission as set forth in section 75-710.
Source
Laws 1963, c. 425, art. VII, § 21, p. 1428;
Laws 1980, LB 611, § 7;
Laws 1993, LB 121, § 473;
Laws 1994, LB 414, § 131.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-722 - Procedure; appeal; provisions applicable.

75-722.
Procedure; appeal; provisions applicable.
Commission hearings concerning the provisions of sections 75-709 to 75-724 shall be in accordance with the Administrative Procedure Act. Any appeals therefrom shall be in accordance with section 75-136.
Source
Laws 1963, c. 425, art. VII, § 22, p. 1428;
Laws 1994, LB 414, § 132;
Laws 2000, LB 1285, § 14;
Laws 2013, LB545, § 9.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-723 - Transmission, telephone, and telegraph lines; violations; penalty.

75-723.
Transmission, telephone, and telegraph lines; violations; penalty.
Any person who violates any of the provisions of sections 75-709 to 75-724 shall be guilty of a Class II misdemeanor.
Source
Laws 1963, c. 425, art. VII, § 23, p. 1428;
Laws 1977, LB 39, § 206;
Laws 1993, LB 121, § 474;
Laws 1994, LB 414, § 133.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-724 - Lines in cities or villages; exempt.

75-724.
Lines in cities or villages; exempt.
The provisions of sections 75-709 to 75-724 shall not apply to any line within the limits of any incorporated city or village.
Source
Laws 1963, c. 425, art. VII, § 24, p. 1429;
Laws 1994, LB 414, § 134.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-801 - Prior license, certificate, permit, authorization; remain in force until their expiration; rights of parties not affected.

75-801.
Prior license, certificate, permit, authorization; remain in force until their expiration; rights of parties not affected.
No license, certificate, permit, or other authorization in force on October 19, 1963, shall be invalidated by the passage of sections 75-101 to 75-801, but all such shall remain in force until their expiration under the terms of the law in effect at the time of their original issuance or until their renewal, surrender, suspension, or revocation under the provisions of sections 75-101 to 75-801. No rights, privileges, or immunities vested or accrued by and under prior statutes repealed by sections 75-101 to 75-801, no suits pending, no proceedings pending before the commission, no rights of action conferred, and no duties, restrictions, liabilities, or penalties imposed or required by and under such statutes shall be impaired, diminished, or affected by the repeal thereof.
Source
Laws 1963, c. 425, art. VIII, § 1, p. 1429.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-901 - Act, how cited.

75-901.
Act, how cited.
Sections 75-901 to 75-910 shall be known and may be cited as the Grain Dealer Act.
Source
Laws 1985, LB 389, § 3;
Laws 1987, LB 507, § 1;
Laws 2003, LB 735, § 2.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-902 - Terms, defined.

75-902.
Terms, defined.
For purposes of the Grain Dealer Act, unless the context otherwise requires:
(1) Commission means the Public Service Commission;
(2) Direct delivery grain has the same meaning as in section 88-526;
(3) Direct delivery obligation has the same meaning as in section 88-526;
(4) Grain includes, but is not limited to, all unprocessed beans, whole corn, milo and other sorghum, wheat, rye, barley, oats, millet, safflower seed and processed plant pellets, alfalfa pellets, and any other bulk pelleted agricultural storable commodity, except grain which has been processed or packaged for distribution as seed;
(5)(a) Grain dealer means any person, partnership, limited liability company, corporation, or association that (i) buys grain from the producer of the grain within this state for purposes of selling such grain or (ii) acts as an employee or agent of a buyer or seller for purposes of collective bargaining in the marketing of grain.
(b) Grain dealer does not include (i) a feeder or custom feeder of livestock or poultry or (ii) a warehouse licensee under the Grain Warehouse Act or a warehouse licensee under the United States Warehouse Act of a warehouse located in Nebraska if the warehouse licensee does not buy, sell, or transport grain other than grain that is received at its licensed warehouse facilities;
(6) In-store transfer has the same meaning as in section 88-526;
(7) Post-direct delivery storage position has the same meaning as in section 88-526; and
(8) Producer means the owner, tenant, or operator of land in this state who has an interest in and receives all or part of the proceeds from the sale of grain produced on that land.
Source
Laws 1985, LB 389, § 4;
Laws 1987, LB 507, § 2;
Laws 1996, LB 1123, § 1;
Laws 2003, LB 735, § 3;
Laws 2005, LB 439, § 1;
Laws 2015, LB183, § 1.
Cross References
Grain Warehouse Act, see section 88-525.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-903.01 - License; suspension or revocation; procedure.

75-903.01.
License; suspension or revocation; procedure.
The commission may, upon complaint filed by it or any person and after a hearing, suspend or revoke the license of any grain dealer for failure to comply with the requirements of the Grain Dealer Act or any rule or regulation adopted and promulgated pursuant to such act. The complaint shall state the grounds for suspension or revocation and shall be filed with the commission pursuant to the commission's rules of procedure. The commission shall serve the grain dealer with a copy of the complaint and a copy of the order of the commission stating the time for hearing, which shall be at least twenty days from the date of service. If the commission determines that the public good requires it, the commission may, upon the filing of a complaint and without hearing, temporarily suspend a grain dealer's license pending the determination of the complaint.
Source
Laws 1987, LB 507, § 4.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-903.02 - Criminal history record information check; fingerprinting; when.

75-903.02.
Criminal history record information check; fingerprinting; when.
For each application filed under section 75-903 after January 1, 2004, one of the following primary parties shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol: (1) If the applicant is not an individual, the chief executive officer, president, or general manager; or (2) if the applicant is an individual, the individual. If the primary party has been subject to a check of his or her criminal history record information pursuant to this section on a prior application, he or she is not subject to another such check upon a subsequent application. If a primary party has been subject to a check of his or her criminal history record information pursuant to another law, the commission may waive such requirement under this section. A primary party shall furnish to the Nebraska State Patrol a full set of fingerprints to enable a criminal background investigation to be conducted. The primary party shall request that the Nebraska State Patrol submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The primary party shall pay the actual cost, if any, of the fingerprinting and check of his or her criminal history record information. The primary party shall authorize release of the national criminal history record check to the commission. The criminal history record information check shall be completed within ninety days after the date the application for a license is received in the commission's office, and if not, the application shall be returned to the applicant. The commission shall deny a grain dealer license to any applicant whose primary party has been convicted of a felony financial crime.
Source
Laws 2003, LB 735, § 5;
Laws 2005, LB 52, § 2.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-904 - Grain dealer; receipt, contract, bill of lading, other written communication requirements.

75-904.
Grain dealer; receipt, contract, bill of lading, other written communication requirements.
Each grain dealer or his or her agent upon taking possession of grain from a seller shall issue a receipt, contract, bill of lading, or other written communication to the seller or his or her agent. The grain dealer receipt, contract, bill of lading, or other written communication issued by the grain dealer shall include the provisions of section 75-905 and be in such form as the Public Service Commission may by rule and regulation require.
Source
Laws 1985, LB 389, § 6;
Laws 2015, LB183, § 3.
Annotations
A buyer's failure to give the seller a proper receipt as required by this section does not render null and void the time requirements of section 75-905 to preserve a claim against the buyer's security pursuant to section 75-906. Fecht v. The Bunnell Co., 243 Neb. 1, 497 N.W.2d 50 (1993).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-905 - Recourse to grain dealer's security; when.

75-905.
Recourse to grain dealer's security; when.
(1) No seller shall have recourse to the grain dealer's security unless the seller:
(a) Demands payment from the grain dealer within fifteen days after the date of the last shipment of any contract;
(b) Negotiates any negotiable instrument issued as payment for grain by the grain dealer within fifteen days after its issuance; and
(c) Notifies the commission within fifteen days after any apparent loss to be covered under the terms of the grain dealer's security.
(2) The grain dealer's security shall provide security for direct delivery grain until any post-direct delivery storage position is created for a period not to exceed fifteen days after the date of the last shipment of the contract.
Source
Laws 1985, LB 389, § 7;
Laws 1986, LB 1007, § 4;
Laws 1996, LB 1123, § 3;
Laws 2005, LB 52, § 3;
Laws 2005, LB 439, § 3;
Laws 2015, LB183, § 4.
Annotations
Grain sellers claims on grain dealer's bond denied because claims were not filed with the Public Service Commission within 10 days of apparent loss. Fecht v. Quality Processing, 244 Neb. 522, 508 N.W.2d 236 (1993).
A buyer's failure to give the seller a proper receipt as required by section 75-904 does not render null and void the time requirements of this section to preserve a claim against the buyer's security pursuant to section 75-906. Fecht v. The Bunnell Co., 243 Neb. 1, 497 N.W.2d 50 (1993).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-906 - Violation of security; commission; powers.

75-906.
Violation of security; commission; powers.
In the event the commission determines that the conditions of a grain dealer's security have been violated, the commission may demand that such dealer's security be forfeited and may place the proceeds of the security in an interest-bearing trust until it fully determines each claim on the security. The commission shall disburse the security according to each claim determined. If the amount of the security is less than the claims against it, the security shall be distributed pro rata among the claimants. If the security is a bond or letter of credit, the surety or the issuer of such letter shall pay over the security on demand by the commission. If such issuer of a letter of credit or surety for a grain dealer fails or refuses to pay the security to the commission within ten days, the commission may file a lawsuit in an appropriate court and recover the amount of the security plus interest at the highest legal rate from the date of its demand on the issuer of a letter of credit or surety if the court finds that any claim determined by the commission against the grain dealer's security was valid.
Source
Laws 1985, LB 389, § 8.
Annotations
The Public Service Commission has limited jurisdiction to determine the claims that exist under the Grain Dealer Act on the date of a warehouse closure. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).
A buyer's failure to give the seller a proper receipt as required by section 75-904 does not render null and void the time requirements of section 75-905 to preserve a claim against the buyer's security pursuant to this section. Fecht v. The Bunnell Co., 243 Neb. 1, 497 N.W.2d 50 (1993).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-907 - Commission; adopt rules and regulations.

75-907.
Commission; adopt rules and regulations.
The commission may adopt and promulgate all rules and regulations necessary to carry out the Grain Dealer Act.
Source
Laws 1985, LB 389, § 9;
Laws 1987, LB 507, § 5.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-908 - Enforcement of act.

75-908.
Enforcement of act.
The commission, county and municipal law enforcement agencies, and the Attorney General shall enforce the Grain Dealer Act.
Source
Laws 1985, LB 389, § 10;
Laws 1987, LB 507, § 7;
Laws 2015, LB183, § 5.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-909 - Violation; penalty.

75-909.
Violation; penalty.
Any person or partner, limited liability company member, officer, or agent of any person who knowingly and intentionally violates any of the provisions of the Grain Dealer Act shall be guilty of a Class IV felony and, in addition, shall be liable for any damages suffered as a result of such violation.
Source
Laws 1985, LB 389, § 11;
Laws 1987, LB 507, § 8;
Laws 1989, LB 35, § 1;
Laws 1993, LB 121, § 475;
Laws 1994, LB 884, § 88.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1002 - Terms, defined.

75-1002.
Terms, defined.
For purposes of the Water Service Regulation Act:
(1) Commission shall mean the Public Service Commission; and
(2) Private water company shall mean a privately owned entity organized for the purpose of furnishing water for domestic use or sewer services or both to the public, cities, villages, special districts, or other political subdivisions but shall not include (a) any entity that furnishes water for domestic use or sewer services to a mobile home park, (b) bottled water suppliers, or (c) any group of property owners who cooperatively own a water well for the sole purpose of providing water for domestic use to their property if each owner has an equal vote in determining the rates charged for the water.
Source
Laws 1994, LB 1002, § 2.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1003 - Private water company; rates and charges; regulation by commission.

75-1003.
Private water company; rates and charges; regulation by commission.
The rates and charges of a private water company shall be regulated by the commission as provided in the Water Service Regulation Act. On or before July 1 each year, each private water company shall file a schedule of its rates and charges with the commission and shall also certify to the commission the number of customers it serves.
Source
Laws 1994, LB 1002, § 3.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1004 - Commission; access to books and records.

75-1004.
Commission; access to books and records.
The commission and its agents shall be entitled to access to all books, records, and other information of a private water company which may be necessary for the commission to determine whether it may exercise regulatory authority under the Water Service Regulation Act and to carry out its regulatory authority under the act.
Source
Laws 1994, LB 1002, § 4.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1005 - Review of rates and charges; petition; hearing; notice.

75-1005.
Review of rates and charges; petition; hearing; notice.
Within ninety days after July 1, 1994, a petition may be filed with the commission requesting a review of the established rates and charges. The petition shall be signed by at least twenty-five percent of the private water company's customers. Upon receipt of a petition, the commission shall set a time, place, and date for a public hearing to consider the established rates or charges. The hearing shall be held within ninety days after the filing of the petition pursuant to the rules and regulations of the commission. Notice of a hearing shall be given in the same manner as prescribed in subsection (2) of section 75-1007.
Source
Laws 1994, LB 1002, § 5.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1006 - Change to rates or charges; notice.

75-1006.
Change to rates or charges; notice.
A private water company which proposes to change any of its rates or charges shall provide sixty days' notice to its customers and the commission of the proposed rates or charges.
Source
Laws 1994, LB 1002, § 6.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1007 - Change to rates or charges; petition; hearing; notice; procedure.

75-1007.
Change to rates or charges; petition; hearing; notice; procedure.
(1) Prior to the effective date of the proposed rates or charges, a petition may be filed with the commission requesting a review of the proposed rates and charges. The petition shall be signed by at least twenty-five percent of the private water company's customers. Upon receipt of a petition, the commission shall set a time, place, and date for a public hearing to consider the proposed rates or charges. The hearing shall be held within ninety days after the filing of the petition pursuant to the rules and regulations of the commission.
(2) Notice of a hearing shall be served on customers by the commission at least fifteen days prior to the day of the hearing. Notice of the hearing shall also be published by the commission at least once a week for two successive weeks in a newspaper of general circulation in each service area affected by or to be affected by the proposed rates or charges with the date of last publication at least ten days prior to the hearing.
(3) At least ten days prior to the hearing, the commission shall make all files and information gathered by it and its employees and agents relating to the matter to be heard available for inspection during regular office hours.
(4) Any person may appear at the hearing and present testimony, evidence, exhibits, or other information and may do so in person or by counsel, or both, pursuant to the rules and regulations of the commission.
Source
Laws 1994, LB 1002, § 7.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1008 - Commission; issue order; appeal; denial; effect.

75-1008.
Commission; issue order; appeal; denial; effect.
(1) After the conclusion of any hearing held pursuant to section 75-1005 or 75-1007, the commission shall grant or deny the rates or charges that were considered at the hearing and, if other rates or charges are to be adopted, shall decide on any modifications to the rates or charges that the commission considers necessary based on the evidence adduced at the hearing.
(2) The commission shall issue a written order setting out its findings and reasoning for its decision. The commission's order may be appealed by a party to the proceeding. Such appeal shall be in accordance with section 75-136.
(3) If the hearing is held pursuant to a petition filed pursuant to section 75-1007, if the proposed rates or charges become effective before the decision of the commission, and if the decision denies the proposed rates or charges, then the proposed rates or charges shall be denied retroactively and any amounts collected under the proposed rates or charges shall be refunded by the private water company. If the hearing is held pursuant to a petition filed pursuant to section 75-1005 and if the decision of the commission modifies the established rates or charges, then the established rates or charges shall be modified as of the date of the decision and shall not be retroactive.
Source
Laws 1994, LB 1002, § 8;
Laws 2003, LB 187, § 25.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1009 - Rate or charge; yield authorized.

75-1009.
Rate or charge; yield authorized.
(1) No rate or charge determined by the commission pursuant to the Water Service Regulation Act may yield more than a fair return on the fair value of property used and useful in rendering service to the public.
(2) The commission shall not include in the basis for establishment of the rate or charge any amounts spent by the private water company for advertising or other public relations expenses.
Source
Laws 1994, LB 1002, § 9.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1011 - Violation; civil penalty.

75-1011.
Violation; civil penalty.
Notwithstanding section 75-156, any private water company that violates any provision of the Water Service Regulation Act or any rule, regulation, or order of the commission shall be subject to a civil penalty of not less than fifty dollars nor more than one thousand dollars for each act of violation and for each day of violation to be recovered as provided in section 75-1012.
Source
Laws 1994, LB 1002, § 11;
Laws 2008, LB755, § 4.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1012 - Enforcement of act.

75-1012.
Enforcement of act.
(1) Notwithstanding section 75-156, whenever it appears that a private water company has violated, is violating, or is threatening to violate any provision of the Water Service Regulation Act or any rule, regulation, or order of the commission, the commission may institute a civil suit in the district court of Lancaster County for (a) injunctive relief to restrain the private water company from continuing the violation or threat of violation, (b) the assessment and recovery of a civil penalty as provided in section 75-1011, or (c) both injunctive relief and civil penalty.
(2) On application for injunctive relief and a finding that a private water company is violating or threatening to violate any provisions of the act or any rule, regulation, or order of the commission, the district court shall grant the injunctive relief as the facts may warrant.
(3) At the request of the commission, the county attorney shall institute and pursue a suit in the name of the state for injunctive relief or to recover the civil penalty, or both, as authorized in subsection (1) of this section.
Source
Laws 1994, LB 1002, § 12;
Laws 2008, LB755, § 5.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-1101 - 211 Information and Referral Network; Public Service Commission; award grant; application; eligibility; use; 211 Cash Fund; created; use; investment.

75-1101.
211 Information and Referral Network; Public Service Commission; award grant; application; eligibility; use; 211 Cash Fund; created; use; investment.
(1) For purposes of this section, 211 Information and Referral Network means a statewide information and referral network providing information to the public regarding disaster and emergency response and health and human services provided by public and private entities throughout the state.
(2) The Public Service Commission shall award a grant annually to a 211 Information and Referral Network which submits an application and meets the requirements of this section. Beginning July 1, 2022, the amount of each grant shall be nine hundred fifty-five thousand dollars.
(3) To be eligible for a grant, the 211 Information and Referral Network shall update the information and referral services on the network at least annually, shall geographically index the services to provide information on a county-by-county basis, and shall be accredited as meeting the standards for service delivery and quality by the Alliance of Information and Referral Systems or a similar organization approved by the commission.
(4) The grant may be used to establish a website which includes links to providers of health and human services, the name, address, and telephone number of any organization listed on the website, a description of the type of services provided by the organization, and other information to educate the public about the health and human services available on a geographic basis. The grant may also be used to provide access to the network twenty-four hours per day, seven days per week, through telephone access and website access.
(5) There is hereby created the 211 Cash Fund. The fund shall be used solely for the purpose of providing grants pursuant to this section and associated administrative costs. All money received by the Public Service Commission for such grants shall be remitted to the State Treasurer for credit to such fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2019, LB641, § 1;
Laws 2022, LB1012, § 12.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.