reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.30 - Financial Institutions Reform, Recovery, and Enforcement Act of 1989, defined.

76-2207.30.
Financial Institutions Reform, Recovery, and Enforcement Act of 1989, defined.
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 means the act as it existed on January 1, 2022.
Source
Laws 2014, LB717, § 8;
R.S.Supp.,2014, § 76-2212.02;
Laws 2015, LB139, § 22;
Laws 2016, LB731, § 3;
R.S.Supp.,2016, § 76-2207.14;
Laws 2018, LB741, § 19;
Laws 2019, LB77, § 2;
Laws 2020, LB808, § 61;
Laws 2021, LB23, § 1;
Laws 2022, LB707, § 50.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.31 - Instructor, defined.

76-2207.31.
Instructor, defined.
Instructor means a person approved by the board that meets or exceeds the instructor requirements specified in the Real Property Appraiser Act and rules and regulations of the board and is responsible for ensuring that the education activity content is communicated to the activity's audience as presented to the board for approval and that the education activity contributes to the quality of real property valuation services provided to the public. A person that communicates assigned materials or a portion of the education activity content under the authorization of the education provider, but is not responsible for the education activity content, is not an instructor.
Source
Laws 2015, LB139, § 23;
R.S.Supp.,2016, § 76-2207.15;
Laws 2018, LB741, § 20.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.32 - Jurisdiction, defined.

76-2207.32.
Jurisdiction, defined.
Jurisdiction means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Source
Laws 2015, LB139, § 24;
R.S.Supp.,2016, § 76-2207.16;
Laws 2018, LB741, § 21.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2212.03 - Jurisdiction of practice, defined.

76-2212.03.
Jurisdiction of practice, defined.
Jurisdiction of practice means any jurisdiction in which an appraiser devotes his or her time engaged in real property appraisal practice.
Source
Laws 2014, LB717, § 9;
Laws 2015, LB139, § 25;
Laws 2020, LB808, § 62.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2213 - Licensed residential real property appraiser, defined.

76-2213.
Licensed residential real property appraiser, defined.
Licensed residential real property appraiser means a person who holds a valid credential as a licensed residential real property appraiser issued under the Real Property Appraiser Act.
Source
Laws 1990, LB 1153, § 13;
Laws 1991, LB 203, § 16;
Laws 2006, LB 778, § 30;
Laws 2007, LB186, § 4;
Laws 2010, LB931, § 3;
Laws 2015, LB139, § 26.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2213.03 - PAREA program, defined.

76-2213.03.
PAREA program, defined.
PAREA program means a practical applications of real estate appraisal program approved by the Appraiser Qualifications Board as prescribed by rules and regulations of the Real Property Appraiser Board.
Source
Laws 2022, LB707, § 51.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2214.01 - Real property, defined.

76-2214.01.
Real property, defined.
Real property means one or more defined interests, benefits, or rights inherent in the ownership of real estate.
Source
Laws 1990, LB 1153, § 17;
Laws 2006, LB 778, § 35;
R.S.1943, (2009), § 76-2217;
Laws 2015, LB139, § 28.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2215 - Real property appraisal practice, defined.

76-2215.
Real property appraisal practice, defined.
Real property appraisal practice means any act or process performed by a real property appraiser involved in developing and reporting an analysis, opinion, or conclusion relating to the specified interests in or aspects of identified real estate or real property or an appraisal review. Real property appraisal practice includes, but is not limited to, evaluation assignments, valuation assignments, and appraisal review assignments.
Source
Laws 1990, LB 1153, § 15;
Laws 2001, LB 162, § 7;
Laws 2006, LB 778, § 33;
Laws 2015, LB139, § 29;
Laws 2018, LB741, § 22;
Laws 2020, LB808, § 63.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2216 - Real property appraiser, defined.

76-2216.
Real property appraiser, defined.
Real property appraiser means a person who is a credential holder.
Source
Laws 1990, LB 1153, § 16;
Laws 2001, LB 162, § 8;
Laws 2006, LB 778, § 34;
Laws 2010, LB931, § 5;
Laws 2015, LB139, § 30;
Laws 2020, LB808, § 64.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2216.02 - Report, defined.

76-2216.02.
Report, defined.
Report means any communication, written, oral, or by electronic means, of assignment results transmitted to the client or a party authorized by the client upon completion of an assignment. Testimony related to assignment results is deemed to be an oral report.
Source
Laws 1990, LB 1153, § 6;
Laws 2006, LB 778, § 19;
Laws 2010, LB931, § 2;
R.S.Supp.,2014, § 76-2206;
Laws 2015, LB139, § 32;
Laws 2018, LB741, § 23;
Laws 2020, LB808, § 65.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2217.03 - Signature, defined.

76-2217.03.
Signature, defined.
Signature means personalized evidence indicating authentication of the work performed by the real property appraiser and the acceptance of the responsibility for content, analyses, conclusions, and compliance with the Uniform Standards of Professional Appraisal Practice in a report.
Source
Laws 2014, LB717, § 11;
Laws 2016, LB731, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2217.04 - Trainee real property appraiser, defined.

76-2217.04.
Trainee real property appraiser, defined.
Trainee real property appraiser means a person who holds a valid credential as a trainee real property appraiser issued under the Real Property Appraiser Act.
Source
Laws 2006, LB 778, § 37;
Laws 2008, LB1011, § 3;
R.S.1943, (2009), § 76-2217.02;
Laws 2014, LB717, § 12;
Laws 2015, LB139, § 34.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2218 - Two-year continuing education period, defined.

76-2218.
Two-year continuing education period, defined.
(1) Except as provided in subsections (2) through (6) of this section, two-year continuing education period means the period of twenty-four months commencing on January 1 and completed on December 31 of the following year.
(2) For a new real property appraiser credentialed prior to July 1 pursuant to section 76-2228.01, 76-2230, 76-2231.01, or 76-2232, two-year continuing education period means the period commencing on the date of initial credentialing and completed on December 31 of the following year.
(3) For a new real property appraiser credentialed on or after July 1 pursuant to section 76-2228.01, 76-2230, 76-2231.01, or 76-2232, two-year continuing education period means the period of twenty-four months commencing on January 1 of the year following the date of initial credentialing.
(4) For a new real property appraiser credentialed pursuant to section 76-2233 who held a valid credential of the same class to engage in real property appraisal practice under the laws of another jurisdiction on January 1 of the year in which the credential was issued by the board, two-year continuing education period means the period of twenty-four months commencing on January 1 of the year in which the credential was issued by the board.
(5) For a new real property appraiser credentialed pursuant to section 76-2233 who (a) did not hold a valid credential of the same class to engage in real property appraisal practice under the laws of another jurisdiction on January 1 of the year in which the credential was issued by the board and (b) was credentialed pursuant to section 76-2233 prior to July 1, two-year continuing education period means the period commencing on the date of initial credentialing and completed on December 31 of the following year.
(6) For a new real property appraiser credentialed pursuant to section 76-2233 who (a) did not hold a valid credential of the same class to engage in real property appraisal practice under the laws of another jurisdiction on January 1 of the year in which the credential was issued by the board and (b) was credentialed pursuant to section 76-2233 on or after July 1, two-year continuing education period means the period of twenty-four months commencing on January 1 of the year following the date of initial credentialing.
Source
Laws 1990, LB 1153, § 18;
Laws 1991, LB 203, § 19;
Laws 1994, LB 1107, § 15;
Laws 2001, LB 162, § 10;
Laws 2006, LB 778, § 38;
Laws 2015, LB139, § 35;
Laws 2022, LB707, § 52.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2218.02 - Uniform Standards of Professional Appraisal Practice, defined.

76-2218.02.
Uniform Standards of Professional Appraisal Practice, defined.
Uniform Standards of Professional Appraisal Practice means the standards adopted and promulgated by The Appraisal Foundation as the standards existed on January 1, 2021.
Source
Laws 2001, LB 162, § 11;
R.S.1943, (2003), § 76-2218.01;
Laws 2006, LB 778, § 31;
Laws 2007, LB186, § 5;
Laws 2008, LB1011, § 2;
Laws 2010, LB931, § 4;
Laws 2012, LB714, § 2;
Laws 2014, LB717, § 10;
R.S.Supp.,2014, § 76-2213.01;
Laws 2015, LB139, § 36;
Laws 2016, LB731, § 6;
Laws 2018, LB741, § 24;
Laws 2020, LB808, § 66;
Laws 2021, LB23, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2219 - Valuation assignment, defined.

76-2219.
Valuation assignment, defined.
Valuation assignment means:
(1) An appraisal that estimates the value of identified real estate or identified real property at a particular point in time; or
(2) A valuation service performed as a consequence of an agreement between a real property appraiser and a client.
Source
Laws 1990, LB 1153, § 19;
Laws 1991, LB 203, § 20;
Laws 2006, LB 778, § 39;
Laws 2007, LB186, § 7;
Laws 2015, LB139, § 37.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2219.01 - Valuation services, defined.

76-2219.01.
Valuation services, defined.
Valuation services means services pertaining to an aspect of property value, including a service performed by real property appraisers.
Source
Laws 2015, LB139, § 38;
Laws 2018, LB741, § 25;
Laws 2020, LB808, § 67.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2219.02 - Workfile, defined.

76-2219.02.
Workfile, defined.
Workfile means data, information, and documentation necessary to support a real property appraiser's opinions and conclusions, and to show compliance with the Uniform Standards of Professional Appraisal Practice.
Source
Laws 2015, LB139, § 39;
Laws 2020, LB808, § 68.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2220 - Proper credentialing required; violation of act; cease and desist order.

76-2220.
Proper credentialing required; violation of act; cease and desist order.
(1) Except as provided in section 76-2221, it shall be unlawful for anyone to act as a real property appraiser in this state without first obtaining proper credentialing as required under the Real Property Appraiser Act.
(2) Except as provided in section 76-2221, any person who, directly or indirectly for another, offers, attempts, agrees to engage, or engages in real property appraisal practice, or who advertises or holds himself or herself out to the general public as a real property appraiser, shall be deemed a real property appraiser within the meaning of the Real Property Appraiser Act, and such action shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such person in any action arising out of such act. Committing a single act described in this section by a person required to be credentialed under the Real Property Appraiser Act and not so credentialed shall constitute a violation of the act for which the board may impose sanctions pursuant to this section for the protection of the public health, safety, or welfare.
(3) The board may issue a cease and desist order against any person who violates this section. Such order shall be final ten days after issuance unless such person requests a hearing pursuant to section 76-2240. The board may, through the Attorney General, obtain an order from the district court for the enforcement of the cease and desist order.
Source
Laws 1990, LB 1153, § 20;
Laws 1991, LB 203, § 21;
Laws 1994, LB 1107, § 16;
Laws 2001, LB 162, § 12;
Laws 2006, LB 778, § 40;
Laws 2015, LB139, § 40;
Laws 2018, LB741, § 26;
Laws 2020, LB808, § 69.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2222 - Real Property Appraiser Board; created; members; terms; compensation; expenses.

76-2222.
Real Property Appraiser Board; created; members; terms; compensation; expenses.
(1) The Real Property Appraiser Board is hereby created. The board shall consist of five members. One member who is a certified real property appraiser shall be selected from each of the three congressional districts, and two members shall be selected at large. The two members selected at large shall include one representative of financial institutions and one licensed real estate broker. The Governor shall appoint the members of the board.
(2) The term of each member of the board shall be five years. Upon the expiration of his or her term, a member of the board shall continue to hold office until the appointment and qualification of his or her successor. No person shall serve as a member of the board for consecutive terms. Any vacancy shall be filled in the same manner as the original appointment. The Governor may remove a member for cause.
(3) The members of the board shall elect a chairperson during the first meeting of each year from among the members.
(4) Three members of the board, at least two of whom are real property appraisers, shall constitute a quorum.
(5) Each member of the board shall receive a per diem of one hundred dollars per day (a) for each scheduled meeting of the board or a committee of the board at which the member is present and (b) actually spent in traveling to and from and attending meetings and conferences of the Association of Appraiser Regulatory Officials and its committees and subcommittees or of The Appraisal Foundation and its committees and subcommittees, board committee meetings, or other business as authorized by the board.
(6) Each member of the board shall be reimbursed for expenses incident to the performance of his or her duties under the Real Property Appraiser Act and Nebraska Appraisal Management Company Registration Act as provided in sections 81-1174 to 81-1177.
Source
Laws 1990, LB 1153, § 22;
Laws 1991, LB 203, § 23;
Laws 1994, LB 1107, § 18;
Laws 2001, LB 162, § 14;
Laws 2006, LB 778, § 42;
Laws 2008, LB1011, § 5;
Laws 2015, LB139, § 42;
Laws 2016, LB731, § 8;
Laws 2018, LB741, § 28;
Laws 2019, LB77, § 3;
Laws 2020, LB381, § 83.
Cross References
Nebraska Appraisal Management Company Registration Act, see section 76-3201.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2224 - Board; personnel, facilities, and equipment.

76-2224.
Board; personnel, facilities, and equipment.
In order to administer and enforce the Real Property Appraiser Act, the board may hire a director and other staff, rent office space, and acquire other facilities and equipment. The board may contract for administrative assistance, including facilities, equipment, supplies, and personnel that are required by the board to carry out its responsibilities under the act.
Source
Laws 1990, LB 1153, § 24;
Laws 1991, LB 203, § 25;
Laws 1994, LB 1107, § 20;
Laws 2006, LB 778, § 44.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2225 - Civil and criminal immunity.

76-2225.
Civil and criminal immunity.
The members of the board and the board's employees or persons under contract with the board shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of or any disciplinary proceeding concerning a credential holder pursuant to the Real Property Appraiser Act if such action is taken without malicious intent and in the reasonable belief that it was taken pursuant to the powers vested in the members of the board or such employees or persons.
Source
Laws 1990, LB 1153, § 25;
Laws 1991, LB 203, § 26;
Laws 1994, LB 1107, § 21;
Laws 2001, LB 162, § 16;
Laws 2006, LB 778, § 45;
Laws 2010, LB931, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2226 - Real Property Appraiser Fund; created; use; investment.

76-2226.
Real Property Appraiser Fund; created; use; investment.
There is hereby created the Real Property Appraiser Fund. The board may use the fund for the administration and enforcement of the Real Property Appraiser Act and to meet the necessary expenditures of the board. The fund shall include a sufficient cash fund balance as determined by the board. The expense of administering and enforcing the act shall not exceed the money collected by the board under the act. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Real Property Appraiser 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 1990, LB 1153, § 26;
Laws 1991, LB 203, § 27;
Laws 1994, LB 1066, § 78;
Laws 1994, LB 1107, § 22;
Laws 2001, LB 162, § 17;
Laws 2006, LB 778, § 46;
Laws 2007, LB186, § 9;
Laws 2009, First Spec. Sess., LB3, § 53.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2228 - Appraisers; classification.

76-2228.
Appraisers; classification.
There shall be four classes of credentials issued to real property appraisers as follows:
(1) Trainee real property appraiser, which classification shall consist of those persons who meet the requirements set forth in section 76-2228.01;
(2) Licensed residential real property appraiser, which classification shall consist of those persons who meet the requirements set forth in section 76-2230;
(3) Certified residential real property appraiser, which classification shall consist of those persons who meet the requirements set forth in section 76-2231.01; and
(4) Certified general real property appraiser, which classification shall consist of those persons who meet the requirements set forth in section 76-2232.
Source
Laws 1990, LB 1153, § 28;
Laws 1991, LB 203, § 29;
Laws 1994, LB 1107, § 24;
Laws 2001, LB 162, § 19;
Laws 2006, LB 778, § 48;
Laws 2007, LB186, § 11;
Laws 2008, LB1011, § 7;
Laws 2010, LB931, § 9;
Laws 2015, LB139, § 46.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2233.03 - Credential; inactive status; application; prohibited acts; reinstatement; expiration; reapplication.

76-2233.03.
Credential; inactive status; application; prohibited acts; reinstatement; expiration; reapplication.
(1) A credential holder may request that his or her credential be placed on inactive status for a period not to exceed two years. Such requests shall be submitted to the board on an application form prescribed by the board. The payment of the appropriate fee in an amount established by the board pursuant to section 76-2241 shall accompany all applications for requests of inactive status.
(2) A credential holder whose credential is placed on inactive status shall not:
(a) Assume or use any title, designation, or abbreviation likely to create the impression that such person holds an active credential issued by the board; or
(b) Engage in real property appraisal practice or act as a credentialed real property appraiser.
(3) A credential holder whose credential is placed on inactive status may make a request to the board that such credential be reinstated to active status on an application form prescribed by the board. The payment of the appropriate fee in an amount established by the board pursuant to section 76-2241 shall accompany all applications for reinstatement of a credential.
(4) A credential holder's application for reinstatement shall include evidence that he or she has met the continuing education requirements as specified in section 76-2236 while the credential was on inactive status.
(5) If a credential holder's credential expires during the inactive period, an application for renewal of the credential shall accompany the application for reinstatement. All requirements for renewal specified in section 76-2233.02 shall be met, except for the requirement to pay a late processing fee for applications received after November 30 of the designated year.
(6) If a credential holder fails to reinstate his or her credential to active status prior to the completion of the two-year period, his or her credential will return to the status as if the credential was not placed on inactive status. If a credential holder's credential is expired at the completion of the two-year period, the credential holder shall reapply for credentialing and meet the current requirements in place at the time of application.
Source
Laws 2015, LB139, § 55;
Laws 2018, LB741, § 31;
Laws 2020, LB808, § 81.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2236.01 - Use of titles; restrictions.

76-2236.01.
Use of titles; restrictions.
(1)(a) No person other than a licensed residential real property appraiser shall assume or use the title licensed residential real property appraiser or any title, designation, or abbreviation likely to create the impression of credentialing as a licensed residential real property appraiser by this state.
(b) No person other than a certified residential real property appraiser shall assume or use the title certified residential real property appraiser or any title, designation, or abbreviation likely to create the impression of credentialing as a certified residential real property appraiser by this state.
(c) No person other than a certified general real property appraiser shall assume or use the title certified general real property appraiser or any title, designation, or abbreviation likely to create the impression of credentialing as a certified general real property appraiser by this state.
(d) No person other than a trainee real property appraiser shall assume or use the title trainee real property appraiser or any title, designation, or abbreviation likely to create the impression of credentialing as a trainee real property appraiser by this state.
(2) A real property appraiser shall state whether he or she is a licensed residential real property appraiser, certified residential real property appraiser, certified general real property appraiser, or trainee real property appraiser and include his or her board-issued credential number whenever he or she identifies himself or herself as a real property appraiser, including on all reports which are signed individually or as cosigner.
(3) The terms licensed residential real property appraiser, certified residential real property appraiser, certified general real property appraiser, and trainee real property appraiser may only be used to refer to a person who is credentialed as such under the Real Property Appraiser Act and may not be used following or immediately in connection with the name or signature of a corporation, partnership, limited partnership, limited liability company, firm, or group or in such manner that it might be interpreted as referring to a corporation, partnership, limited partnership, limited liability company, firm, or group or to anyone other than the credential holder. This subsection shall not be construed to prevent a credential holder from signing a report on behalf of a corporation, partnership, limited partnership, limited liability company, firm, or group if it is clear that only the person holds the credential and that the corporation, partnership, limited partnership, limited liability company, firm, or group does not.
Source
Laws 1990, LB 1153, § 29;
Laws 1991, LB 203, § 30;
Laws 1993, LB 121, § 491;
Laws 1994, LB 1107, § 25;
Laws 2001, LB 162, § 20;
Laws 2006, LB 778, § 50;
Laws 2007, LB186, § 13;
Laws 2008, LB1011, § 8;
Laws 2010, LB931, § 11;
R.S.Supp.,2014, § 76-2229;
Laws 2015, LB139, § 57;
Laws 2018, LB741, § 33.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2237 - Uniform Standards of Professional Appraisal Practice; rules and regulations.

76-2237.
Uniform Standards of Professional Appraisal Practice; rules and regulations.
Each credential holder shall comply with the Uniform Standards of Professional Appraisal Practice. The board may adopt and promulgate rules and regulations to assist in the enforcement of the Uniform Standards of Professional Appraisal Practice.
Source
Laws 1990, LB 1153, § 37;
Laws 1991, LB 203, § 41;
Laws 1994, LB 1107, § 38;
Laws 2001, LB 162, § 29;
Laws 2006, LB 778, § 59;
Laws 2007, LB186, § 21;
Laws 2010, LB931, § 20;
Laws 2015, LB139, § 58.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2239 - Investigations; authorized; disciplinary action; cease and desist order; complaint; procedure; hearing.

76-2239.
Investigations; authorized; disciplinary action; cease and desist order; complaint; procedure; hearing.
(1) The board may, upon its own motion, and shall, upon the written complaint of any aggrieved person, cause an investigation to be made with respect to an alleged violation of the Real Property Appraiser Act. The board may revoke or suspend the credential or otherwise discipline a credential holder, revoke or suspend a qualifying or continuing education course or activity, deny any application, or issue a cease and desist order for any violation of the Real Property Appraiser Act. Any disciplinary action taken against a credentialed real property appraiser, including any action that limits a credentialed real property appraiser's ability to engage in real property appraisal practice, shall be reported to federal authorities as required by Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Upon receipt of information indicating that a person may have violated any provision of the Real Property Appraiser Act, the board shall make an investigation of the facts to determine whether or not there is evidence of a violation. If technical assistance is required, the board may contract with or use qualified persons.
(2)(a) If an investigation indicates that a person may have violated a provision of the act, the board may offer the person an opportunity to voluntarily and informally discuss the alleged violation before the board. The board may enter into consent agreements or negotiate settlements.
(b) If an investigation indicates that a person not holding a credential under the act has violated a provision of the act, the board may issue a cease and desist order or refer the investigation to the appropriate county attorney for the consideration of formal charges.
(c) If an investigation indicates that a credential holder has violated a provision of the act, a formal complaint shall be prepared by the board and served upon the credential holder. The complaint shall require the credential holder to file an answer within thirty days of the date of service. In responding to a complaint, the credential holder may admit the allegations of the complaint, deny the allegations of the complaint, or plead otherwise. Failure to make a timely response shall be deemed an admission of the allegations of the complaint. Upon receipt of an answer to the complaint, the director or chairperson of the board shall set a date, time, and place for an administrative hearing on the complaint. The date of the hearing shall not be less than thirty nor more than one hundred twenty days from the date that the answer is filed unless such date is extended for good cause.
Source
Laws 1990, LB 1153, § 39;
Laws 1991, LB 203, § 43;
Laws 1994, LB 1107, § 40;
Laws 2001, LB 162, § 31;
Laws 2006, LB 778, § 61;
Laws 2015, LB139, § 60;
Laws 2020, LB808, § 84.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2240 - Complaints; hearing; decision; order; appeal.

76-2240.
Complaints; hearing; decision; order; appeal.
(1) The administrative hearing on the allegations in the complaint filed pursuant to section 76-2239 shall be heard by a hearing officer at the time and place prescribed by the board and in accordance with the Administrative Procedure Act. If, at the conclusion of the hearing, the hearing officer determines that the credential holder is guilty of the violation, the board shall take such disciplinary action as the board deems appropriate. Disciplinary actions which may be taken shall include, but not be limited to, revocation, suspension, probation, admonishment, letter of reprimand, and formal censure, with publication, of the credential holder and may or may not include an education requirement. Costs incurred for an administrative hearing, including fees of counsel, the hearing officer, court reporters, investigators, and witnesses, shall be taxed as costs in such action as the board may direct.
(2) The decision and order of the board shall be final. Any decision or order of the board may be appealed. The appeal shall be on questions of law only and otherwise shall be in accordance with the Administrative Procedure Act.
Source
Laws 1990, LB 1153, § 40;
Laws 1991, LB 203, § 44;
Laws 1994, LB 1107, § 41;
Laws 2001, LB 162, § 32;
Laws 2010, LB931, § 22.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2241 - Fees.

76-2241.
Fees.
(1) The board shall charge and collect appropriate fees for its services under the Real Property Appraiser Act as follows:
(a) A credential application fee of no more than one hundred fifty dollars;
(b) An examination fee of no more than three hundred dollars. The board may direct applicants to pay the fee directly to a third party who has contracted to administer the examination;
(c) An initial and renewal credentialing fee, other than temporary credentialing, of no more than three hundred dollars;
(d) A late processing fee of no more than twenty-five dollars for each month or portion of a month the fee is late;
(e) A temporary credential application fee for a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser of no more than one hundred dollars;
(f) A temporary credentialing fee of no more than fifty dollars for a licensed residential real property appraiser, certified residential real property appraiser, or certified general real property appraiser holding a temporary credential under the act;
(g) An inactive credential application fee of no more than one hundred dollars;
(h) An inactive credentialing fee of no more than three hundred dollars;
(i) A duplicate proof of credentialing fee of no more than twenty-five dollars;
(j) A certificate of good standing fee of no more than ten dollars; and
(k) A criminal history record check fee of no more than one hundred dollars.
(2) All fees for credentialing through reciprocity shall be the same as those paid by others pursuant to this section.
(3) In addition to the fees set forth in this section, the board may collect and transmit to the appropriate federal authority any fees established under the provisions of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. The board may establish such fees as it deems appropriate for special examinations and other services provided by the board.
(4) All fees and other revenue collected pursuant to the Real Property Appraiser Act shall be remitted by the board to the State Treasurer for credit to the Real Property Appraiser Fund.
Source
Laws 1990, LB 1153, § 41;
Laws 1991, LB 203, § 45;
Laws 1994, LB 1107, § 42;
Laws 2001, LB 162, § 33;
Laws 2006, LB 778, § 62;
Laws 2007, LB186, § 22;
Laws 2008, LB1011, § 14;
Laws 2010, LB931, § 23;
Laws 2012, LB714, § 10;
Laws 2014, LB717, § 24;
Laws 2015, LB139, § 61;
Laws 2016, LB731, § 19.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2242 - Credential holder; proof of credentials; issuance; duplicate proof.

76-2242.
Credential holder; proof of credentials; issuance; duplicate proof.
(1) The board shall provide to each credential holder proof that such person has been credentialed under the Real Property Appraiser Act for the classification requirements set forth in the act. The board may also issue a credentialing card in such size and form as it may approve.
(2) The board may, upon payment of the appropriate fee in an amount established by the board pursuant to section 76-2241, issue duplicate proof that such person has been credentialed under the act.
Source
Laws 1990, LB 1153, § 42;
Laws 1991, LB 203, § 46;
Laws 1994, LB 1107, § 43;
Laws 2001, LB 162, § 34;
Laws 2006, LB 778, § 63;
Laws 2007, LB186, § 23;
Laws 2015, LB139, § 62.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2243 - Professional corporation; real property appraisal practice.

76-2243.
Professional corporation; real property appraisal practice.
Nothing contained in the Real Property Appraiser Act shall be deemed to prohibit any credential holder under the act from engaging in real property appraisal practice as a professional corporation in accordance with the Nebraska Professional Corporation Act.
Source
Laws 1990, LB 1153, § 43;
Laws 1991, LB 203, § 47;
Laws 2001, LB 162, § 35;
Laws 2006, LB 778, § 64;
Laws 2015, LB139, § 63;
Laws 2020, LB808, § 85.
Cross References
Nebraska Professional Corporation Act, see section 21-2201.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2244 - Principal place of business; requirements.

76-2244.
Principal place of business; requirements.
Each credential holder shall designate in the manner prescribed by the board a principal place of business. Upon any change of his or her principal place of business, a credential holder shall promptly give notice thereof in writing to the board and the board shall issue a new proof of credentialing for the unexpired term.
Source
Laws 1990, LB 1153, § 44;
Laws 1991, LB 203, § 48;
Laws 2001, LB 162, § 36;
Laws 2008, LB1011, § 15;
Laws 2015, LB139, § 64.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2245 - Action for compensation; conditions.

76-2245.
Action for compensation; conditions.
No person engaged in real property appraisal practice in this state or acting in the capacity of a real property appraiser in this state may bring or maintain any action in any court of this state to collect compensation for the performance of valuation services for which credentialing is required by the Real Property Appraiser Act without alleging and proving that he or she was duly credentialed under the act in this state at all times during the performance of such services.
Source
Laws 1990, LB 1153, § 45;
Laws 1991, LB 203, § 49;
Laws 2001, LB 162, § 37;
Laws 2006, LB 778, § 65;
Laws 2015, LB139, § 65;
Laws 2018, LB741, § 35;
Laws 2020, LB808, § 86.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2246 - Appraisal without credentials; penalty.

76-2246.
Appraisal without credentials; penalty.
Any person required to be credentialed by the Real Property Appraiser Act who, directly or indirectly for another, offers, attempts, agrees to engage in, or engages in real property appraisal practice or who advertises or holds himself or herself out to the general public as a real property appraiser in this state without obtaining proper credentialing under the act shall be guilty of a Class III misdemeanor and shall be ineligible to apply for credentialing under the act for a period of one year from the date of his or her conviction of such offense. The board may, in its discretion, credential such person within such one-year period upon application and after an administrative hearing.
Source
Laws 1990, LB 1153, § 46;
Laws 1991, LB 203, § 50;
Laws 1994, LB 1107, § 44;
Laws 2001, LB 162, § 38;
Laws 2006, LB 778, § 66;
Laws 2015, LB139, § 66;
Laws 2018, LB741, § 36;
Laws 2020, LB808, § 87.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2247.01 - Services; authorized; standards applicable.

76-2247.01.
Services; authorized; standards applicable.
(1) A person may retain or employ a real property appraiser credentialed under the Real Property Appraiser Act to perform valuation services. In each case, the valuation services specific to real property appraisal practice, including any report, shall comply with the Real Property Appraiser Act and the Uniform Standards of Professional Appraisal Practice.
(2) In a valuation assignment, the real property appraiser shall remain an impartial, disinterested third party. When providing an evaluation assignment, the real property appraiser may respond to a client's stated objective but shall also remain an impartial, disinterested third party.
Source
Laws 1991, LB 203, § 51;
Laws 1994, LB 1107, § 45;
Laws 2001, LB 162, § 39;
Laws 2006, LB 778, § 67;
Laws 2007, LB186, § 24;
Laws 2015, LB139, § 67;
Laws 2018, LB741, § 37;
Laws 2020, LB808, § 88.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2248 - Attorney General; powers and duties.

76-2248.
Attorney General; powers and duties.
At the request of the board, the Attorney General shall render to the board an opinion with respect to all questions of law arising in connection with the administration of the Real Property Appraiser Act and shall act as attorney for the board in all actions and proceedings brought by or against the board under or pursuant to the act. All fees and expenses of the Attorney General arising out of such duties shall be paid out of the Real Property Appraiser Fund. The Attorney General may appoint special counsel to prosecute such action, and all fees and expenses of such counsel allowed shall be taxed as costs in the action as the court may direct.
Source
Laws 1990, LB 1153, § 48;
Laws 1991, LB 203, § 52;
Laws 2001, LB 162, § 40;
Laws 2006, LB 778, § 68.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2248.01 - Violations of act; action by Attorney General.

76-2248.01.
Violations of act; action by Attorney General.
Whenever, in the judgment of the board, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Real Property Appraiser Act, the Attorney General may maintain an action in the name of the State of Nebraska, in the district court of the county in which such violation or threatened violation occurred, to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with the act. The plaintiff shall not be required to give any bond nor shall any court costs be adjudged against the plaintiff.
Source
Laws 2015, LB139, § 68.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2249 - Directory of appraisers; information; distribution.

76-2249.
Directory of appraisers; information; distribution.
(1) The board may prepare a directory showing the name and place of business of credential holders under the Real Property Appraiser Act which may be made available on the board's website. Printed copies of the directory shall be made available to the public at such reasonable price per copy as may be fixed by the board. The directory shall be provided to federal authorities as required by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(2) The board shall provide without charge to any credential holder under the Real Property Appraiser Act a set of rules and regulations adopted and promulgated by the board and any other information which the board deems important in the area of real property appraisal in this state. The information may be made available electronically or printed in a booklet, a pamphlet, or any other form the board determines appropriate. The board may update such material as often as it deems necessary. The board may provide such material to any other person upon request and may charge a fee for the material. The fee shall be reasonable and shall not exceed any reasonable or necessary costs of producing the material for distribution.
Source
Laws 1990, LB 1153, § 49;
Laws 1991, LB 203, § 53;
Laws 1993, LB 842, § 1;
Laws 1994, LB 1107, § 46;
Laws 2001, LB 162, § 41;
Laws 2006, LB 778, § 69;
Laws 2008, LB1011, § 16;
Laws 2010, LB931, § 24;
Laws 2012, LB714, § 11;
Laws 2014, LB717, § 25;
Laws 2015, LB139, § 69.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2250 - Certificate of good standing.

76-2250.
Certificate of good standing.
The board may, upon payment of the appropriate fee in an amount established by the board pursuant to section 76-2241, issue a certificate of good standing to any credential holder under the Real Property Appraiser Act who is in good standing in this state.
Source
Laws 1990, LB 1153, § 50;
Laws 1991, LB 203, § 54;
Laws 1994, LB 1107, § 47;
Laws 2001, LB 162, § 42;
Laws 2006, LB 778, § 70;
Laws 2015, LB139, § 70.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2301 - Act, how cited.

76-2301.
Act, how cited.
Sections 76-2301 to 76-2334 shall be known and may be cited as the One-Call Notification System Act.
Source
Laws 1994, LB 421, § 1;
Laws 2002, LB 1105, § 494;
Laws 2013, LB589, § 1;
Laws 2014, LB930, § 1;
Laws 2019, LB462, § 1;
Laws 2023, LB683, § 4.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2302 - Legislative intent.

76-2302.
Legislative intent.
(1) It is the intent of the Legislature to establish a means by which excavators may notify operators of underground facilities in an excavation area so that operators have the opportunity to identify and locate the underground facilities prior to excavation and so that the excavators may then observe proper precautions to safeguard the underground facilities from damage.
(2) It is the purpose of the One-Call Notification System Act to aid the public by preventing injury to persons and damage to property and the interruption of utility services resulting from accidents caused by damage to underground facilities.
Source
Laws 1994, LB 421, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2303 - Definitions, where found.

76-2303.
Definitions, where found.
For purposes of the One-Call Notification System Act, the definitions found in sections 76-2303.01 to 76-2317 shall be used.
Source
Laws 1994, LB 421, § 3;
Laws 2013, LB589, § 2;
Laws 2019, LB462, § 2;
Laws 2023, LB683, § 5.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2303.01 - Bar test survey, defined.

76-2303.01.
Bar test survey, defined.
Bar test survey means a leakage survey completed with a nonconductive piece of equipment made by manually driving small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere and testing the atmosphere in the holes with a combustible gas detector or other suitable device.
Source
Laws 2013, LB589, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2305 - Center, defined.

76-2305.
Center, defined.
Center means a call center which shall have as its principal purpose the statewide receipt and dissemination to participating operators of information on a fair and uniform basis concerning intended excavations by excavators in areas where operators have underground facilities.
Source
Laws 1994, LB 421, § 5;
Laws 2019, LB462, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2306 - Damage, defined.

76-2306.
Damage, defined.
Damage shall mean any impact with, partial or complete severance, destruction, impairment, or penetration of, or removal or weakening of support from an underground facility, including its protective coating, housing, or other protective device.
Source
Laws 1994, LB 421, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2308 - Excavation, defined.

76-2308.
Excavation, defined.
Excavation shall mean any activity in which earth, rock, or other material in or on the ground is moved or otherwise displaced by means of tools, equipment, or explosives and shall include grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing or driving but shall not include (1) normal maintenance of roads if the maintenance does not change the original road grade and does not involve the road ditch, (2) tilling of soil and gardening for seeding and other agricultural purposes, (3) digging of graves or in landfills in planned locations, (4) maintenance or rebuilding of railroad track or facilities located on a railroad right-of-way by the railroad company or its contractors when such maintenance or rebuilding does not change the track grade, or (5) hand digging around the base of a pole for pole inspection as part of routine maintenance or replacement of a pole when the replacement pole is similarly sized and is installed in the existing hole.
Source
Laws 1994, LB 421, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2310 - Gas or hazardous liquid underground pipeline facility, defined.

76-2310.
Gas or hazardous liquid underground pipeline facility, defined.
Gas or hazardous liquid underground pipeline facility shall mean any underground facility used or intended for use in the transportation of gas or the treatment of gas or used or intended for use in the transportation of hazardous liquids including petroleum or petroleum products.
Source
Laws 1994, LB 421, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2311 - Nonpermanent surface, defined.

76-2311.
Nonpermanent surface, defined.
Nonpermanent surface shall mean any ground consisting of uncovered dirt or rock or ground that is covered by grass or other plant life, crushed rock, gravel, or other similar natural substance.
Source
Laws 1994, LB 421, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2313 - Operator, defined.

76-2313.
Operator, defined.
Operator shall mean a person who manages or controls the functions of an underground facility but shall not include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services or commodities on the real property.
Source
Laws 1994, LB 421, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2315 - Person, defined.

76-2315.
Person, defined.
Person means an individual, partnership, limited liability company, association, municipality, state, county, political subdivision, utility, joint venture, or corporation and shall include the employer, employee, or contractor of an individual.
Source
Laws 1994, LB 421, § 15;
Laws 2019, LB462, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2317 - Underground facility, defined.

76-2317.
Underground facility, defined.
Underground facility shall mean any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic communications, telephonic communications, telegraphic communications, cable television, electric energy, oil, gas, hazardous liquids, or other substances, including pipes, trunk lines, fiber optic cables, sewers, conduits, cables, valves, lines, wires, manholes, and attachments to such personal property.
Source
Laws 1994, LB 421, § 17.