reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1338 - Crossings; public; failure of county board and railroad to agree; power of department.

74-1338.
Crossings; public; failure of county board and railroad to agree; power of department.
If the owner of the railroad track and the county board or other public authority in interest fail to agree upon any of the matters or things mentioned in section 74-1337, either the owner or the county board or other public authority in interest, in the name of the county or other public authority in interest, may file an application with the Department of Transportation, setting forth such fact together with a statement of the change, alteration, relocation, or construction it wants, the estimated cost thereof, and such other facts as may be relevant and asking the department to enter an order directing that the change, alteration, relocation, or construction be made. The department shall proceed to hear the application in the manner provided by law, and if it finds that the application should be granted, it shall enter an order accordingly, designating in the order what portion of the expense of complying with the order shall be paid by the railroad carrier and what portion shall be paid by the county or other public authority in interest, if any.
Source
Laws 1963, c. 425, art. IV, § 16, p. 1404;
Laws 1994, LB 414, § 91;
R.S.1943, (1996), § 75-416;
Laws 1997, LB 255, § 10;
Laws 2017, LB339, § 261.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1339 - Crossings; agreement of department; county board or other public authority; powers.

74-1339.
Crossings; agreement of department; county board or other public authority; powers.
The county board or other public authority in interest may carry out any such agreement and may establish, vacate, or relocate any public road so as to comply with any such agreement. The procedure shall be that provided by sections 39-1701 to 39-1731, insofar as the same is applicable, but no petition shall be necessary or required.
Source
Laws 1963, c. 425, art. IV, § 17, p. 1404;
R.S.1943, (1996), § 75-417;
Laws 1997, LB 255, § 11.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1340 - Crossings; department orders; violation; penalty.

74-1340.
Crossings; department orders; violation; penalty.
When the owner of railroad tracks fails, neglects, or refuses promptly to comply with any order of the Department of Transportation issued under sections 74-1332 to 74-1339 or fails, refuses, or neglects to comply with such sections after the department has issued an order, the owner shall be guilty of a Class V misdemeanor and shall be fined in any sum not more than one hundred dollars for each such offense. Each week of such neglect, refusal, or failure shall constitute a separate offense.
Source
Laws 1963, c. 425, art. IV, § 18, p. 1404;
Laws 1994, LB 414, § 92;
R.S.1943, (1996), § 75-418;
Laws 1997, LB 255, § 12;
Laws 2017, LB339, § 262.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1341 - Grade crossing safety; responsibility.

74-1341.
Grade crossing safety; responsibility.
The Department of Transportation, which possesses the requisite engineering expertise, highway and rail planning function, and highway safety mission and is the repository for state and federal funding for both rail and highway projects, shall be the agency responsible for grade crossing safety.
Source
Laws 1997, LB 255, § 13;
Laws 2017, LB339, § 263.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1342 - Comprehensive public safety program; department; duties.

74-1342.
Comprehensive public safety program; department; duties.
(1) The Department of Transportation shall adopt and promulgate rules and regulations establishing a comprehensive public safety program to deal with problems associated with public and private highway-rail grade crossings. In designing such a program, the department shall establish a process for assessing the risk to the public from particular grade crossings and for reducing or eliminating such risk in a cost-effective and timely manner. The department shall actively solicit input from the public and from representatives of county and municipal governments, the Federal Highway Administration, the Federal Railroad Administration, and any other individuals or entities with an interest in grade crossing safety.
(2) The grade crossing safety assessment process may include the following factors:
(a) Volume of trains;
(b) Volume of motor vehicles, including character, function, and type of vehicular traffic through the crossing;
(c) Number of tracks at the crossing;
(d) Geometry of the crossing, including acute angles;
(e) Sight-distance restrictions, if any;
(f) Train and motor vehicle speed;
(g) Accident history;
(h) Character of proximate road network, including distance and travel time to adjacent crossings;
(i) Frequency and duration of roadway blockage by trains, including citation history;
(j) Emergency response routes, including alternatives;
(k) Economic impact of crossing;
(l) Current and foreseeable development in the vicinity of the crossing; and
(m) Location of schools and hospitals.
Source
Laws 1997, LB 255, § 14;
Laws 2017, LB339, § 264.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1343 - Assessment process; recommendations; department; duties.

74-1343.
Assessment process; recommendations; department; duties.
The Department of Transportation shall establish the grade crossing safety assessment process no later than twelve months after September 13, 1997, and shall recommend to the Legislature no later than eighteen months after September 13, 1997, an equitable formula for funding grade crossing risk abatement.
Source
Laws 1997, LB 255, § 15;
Laws 2017, LB339, § 265.
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1427 - Political subdivision; expend local tax funds; election; procedure.

74-1427.
Political subdivision; expend local tax funds; election; procedure.
(1) If the governing body of a political subdivision determines that it is necessary or beneficial for the vitality of such political subdivision to expend local tax funds for rehabilitation or improvement of a light-density rail line or rail facility construction, including the issuance of bonds, the governing body shall by resolution place the proposition for such expenditure or bond issue on the general or primary election ballot or in odd-numbered years only call for a special election in such political subdivision for the purpose of approving such expenditure of local tax funds.
(2) The resolution calling for the election and the election notice shall show the proposed purpose for which such local tax funds will be expended and the amount of money sought.
(3) Notice of the election shall state the date the election is to be held and the hours the polls will be open. Such notice shall be published in a newspaper that is published in or of general circulation in such political subdivision at least once each week for three weeks prior to such election. If no such newspaper exists, notice shall be posted in at least three public places in the political subdivision for at least three weeks prior to such election.
(4) The proposition appearing on the ballot in any election shall state the purpose for which such local tax funds will be spent, the amount of local tax funds to be so expended, and the source from which the revenue will be raised. Such proposition shall be adopted if approved by a majority of those voting in such election.
(5) If a special election is called, the governing body shall prescribe the form of the ballot to be used.
(6) For purposes of this section:
(a) Facility means the track, ties, roadbed, and related structures, including terminals, team tracks and appurtenances, bridges, tunnels, and other structures used or usable for rail service operations;
(b) Light-density rail line means any rail line classified as a light-density line by the United States Department of Transportation;
(c) Rail facility construction means the construction of rail or rail-related facilities, including new connections between two or more existing lines, intermodal freight terminals, sidings, and relocation of existing lines, for the purpose of improving the quality and efficiency of rail freight service; and
(d) Rehabilitation or improvement means replacing, repairing, or upgrading, to the extent necessary to permit adequate and efficient rail freight service, facilities needed to provide service on a rail line.
Source
Laws 1980, LB 507, § 27;
Laws 1991, LB 783, § 28;
Laws 1996, LB 463, § 30;
Laws 2011, LB259, § 3.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-101 - Public Service Commission; members; qualifications; terms, defined.

75-101.
Public Service Commission; members; qualifications; terms, defined.
(1) The members of the Public Service Commission shall be resident citizens of this state, registered voters, and, if members of or practitioners in any profession, in good standing according to the established standards of such profession. The members of the Public Service Commission shall be elected as provided in section 32-509. A candidate for the office of public service commissioner shall be a resident of the district from which he or she seeks election. Each public service commissioner shall be a resident of the district from which he or she is elected. Removal from the district shall cause a vacancy in the office of public service commissioner for the unexpired term.
(2) No person shall be eligible to the office of public service commissioner who is directly or indirectly interested in any common carrier or jurisdictional utility in the state or out of it or who is in any way or manner pecuniarily interested in any common carrier subject to Chapter 75 or 86. If any commissioner becomes so interested after election or appointment, his or her office shall become vacant, except that if any commissioner becomes so interested otherwise than voluntarily, he or she shall, within a reasonable time, divest himself or herself of such interest, and failing to do so, his or her office shall become vacant.
(3) A commissioner shall not hold any other office under the government of the United States, of this state, or of any other state and shall not, while such commissioner, engage in any other occupation.
For purposes of Chapter 75:
(a) Commission, when referring to a state agency, means the Public Service Commission; and
(b) Commissioner means a member of the commission.
Source
Laws 1963, c. 425, art. I, § 1, p. 1354;
Laws 1967, c. 476, § 1, p. 1472;
Laws 1984, LB 623, § 14;
Laws 1994, LB 76, § 587;
Laws 1994, LB 414, § 26;
Laws 2002, LB 1105, § 481;
Laws 2003, LB 790, § 60.
Annotations
Subsections (1) and (2) of this section set out the eligibility requirements to hold the office of commissioner. Subsection (3) sets out restrictions upon those who hold that office: They may not hold another office or engage in another occupation while holding the office of commissioner. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).
Under subsection (1), a person is eligible to be a commissioner if he or she is in good standing in any profession of which he or she is a member or practitioner—outside of the duties imposed upon a commissioner while holding office. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-101.01 - Public Service Commission; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.

75-101.01.
Public Service Commission; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.
(1) Based on the 2020 Census of Population by the United States Department of Commerce, Bureau of the Census, the State of Nebraska is hereby divided into five public service commissioner districts, and each public service commissioner district shall be entitled to one member.
(2) The numbers and boundaries of the districts are designated and established by maps identified and labeled as maps PSC21-39001, PSC21-39001-1, PSC21-39001-2, PSC21-39001-3, PSC21-39001-4, and PSC21-39001-5, filed with the Clerk of the Legislature, and incorporated by reference as part of Laws 2021, LB5, One Hundred Seventh Legislature, First Special Session.
(3)(a) The Clerk of the Legislature shall transfer possession of the maps referred to in subsection (2) of this section to the Secretary of State on October 1, 2021.
(b) When questions of interpretation of district boundaries arise, the maps referred to in subsection (2) of this section in possession of the Secretary of State shall serve as the indication of the legislative intent in drawing the district boundaries.
(c) Each election commissioner or county clerk shall obtain copies of the maps referred to in subsection (2) of this section for the election commissioner's or clerk's county from the Secretary of State.
(d) The Secretary of State shall also have available for viewing on his or her website the maps referred to in subsection (2) of this section identifying the boundaries for the districts.
Source
Laws 1963, c. 174, § 1, p. 596;
Laws 1971, LB 955, § 1;
Laws 1981, LB 551, § 1;
R.S.1943, (1987), § 5-107;
Laws 1991, LB 618, § 1;
Laws 2001, LB 855, § 2;
Laws 2011, LB700, § 1;
Laws 2021, First Spec. Sess., LB5, § 1.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-101.02 - Public Service Commission; districts; population figures and maps; basis.

75-101.02.
Public Service Commission; districts; population figures and maps; basis.
For purposes of section 75-101.01, the Legislature adopts the official population figures and maps from the 2020 Census Redistricting (Public Law 94-171) TIGER/Line Shapefiles published by the United States Department of Commerce, Bureau of the Census.
Source
Laws 1971, LB 955, § 2;
Laws 1981, LB 551, § 2;
R.S.1943, (1987), § 5-107.01;
Laws 1991, LB 618, § 2;
Laws 2001, LB 855, § 3;
Laws 2011, LB700, § 2;
Laws 2021, First Spec. Sess., LB5, § 2.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-102 - Commissioners; official oath.

75-102.
Commissioners; official oath.
Before entering upon the duties of office, each of the commissioners shall take and subscribe to the oath of office prescribed in the Constitution of Nebraska and shall, in addition thereto, swear that he or she is not directly or indirectly interested in any common carrier or jurisdictional utility, subject to the provisions of Chapter 75, nor in the bonds, stock, mortgages, securities, contracts, or earnings of any such common carrier or jurisdictional utility, and that he or she will, to the best of his or her ability, faithfully and justly execute and enforce the duties devolving upon him or her as such commissioner, which oath shall be filed with the Secretary of State.
Source
Laws 1963, c. 425, art. I, § 2, p. 1355;
Laws 2003, LB 790, § 61.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-103 - Vacancies; appointment.

75-103.
Vacancies; appointment.
The Governor shall fill all vacancies in the office of commissioner by appointment, and a person so appointed shall fill such office for the unexpired term.
Source
Laws 1963, c. 425, art. I, § 3, p. 1355.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-104 - Commissioners; salary; commissioners and employees; expenses; when allowed.

75-104.
Commissioners; salary; commissioners and employees; expenses; when allowed.
(1) Until January 4, 2007, the annual salary of each commissioner shall be fifty thousand dollars. Commencing January 4, 2007, the annual salary of each commissioner shall be seventy-five thousand dollars.
(2) Each commissioner shall be entitled to receive from the state his or her mileage expenses incurred while traveling in the line of duty to and from his or her residence to the office of the Public Service Commission in Lincoln pursuant to the following conditions:
(a) The Public Service Commission has adopted and promulgated rules and regulations establishing guidelines for allowable reimbursement of such mileage expenses, except that such mileage rate shall not exceed the mileage rate established by the Department of Administrative Services pursuant to section 81-1176;
(b) The request for such reimbursement falls within such guidelines; and
(c) The total amounts authorized for such reimbursement of mileage expenses in any fiscal year does not cause the total expenses to exceed the total funds appropriated to the program established for commissioners' expenses. In addition thereto, the commissioners, executive director, clerks, and other employees of the commission shall be reimbursed for expenses, including the cost of transportation while traveling on the business of the commission, to be paid in the same manner as other requests for payment or reimbursement from the state. In computing the cost of transportation for the commissioners, executive director, clerks, and other employees, no mileage or other traveling expense shall be requested or allowed unless sections 81-1174 to 81-1177 are strictly complied with.
Source
Laws 1963, c. 425, art. I, § 4, p. 1355;
Laws 1967, c. 477, § 1, p. 1473;
Laws 1969, c. 603, § 1, p. 2464;
Laws 1972, LB 1389, § 1;
Laws 1975, LB 311, § 1;
Laws 1980, LB 872, § 1;
Laws 1984, LB 826, § 2;
Laws 1986, LB 43, § 3;
Laws 1988, LB 864, § 11;
Laws 1990, LB 503, § 1;
Laws 1994, LB 414, § 27;
Laws 1994, LB 872, § 16;
Laws 1995, LB 16, § 1;
Laws 2000, LB 956, § 1;
Laws 2006, LB 817, § 1;
Laws 2020, LB381, § 82.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-104.01 - Commissioner; salary increase; when effective.

75-104.01.
Commissioner; salary increase; when effective.
Section 75-104 shall be so interpreted as to effectuate its general purpose, to provide, in the public interest, adequate compensation as therein provided for public service commissioners, and to permit a change in such salaries as soon as the same may become operative under the Constitution of the State of Nebraska.
Source
Laws 1967, c. 477, § 2, p. 1474.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-105 - Seal; office; employees.

75-105.
Seal; office; employees.
The commissioners shall be known collectively as the Public Service Commission and shall have a seal, which may be either an engraved or ink stamp seal, similar to the seal of this state, with the words Public Service Commission of Nebraska included thereon. They shall be furnished with offices and with necessary furniture, stationery, and supplies. Immediately after a newly elected member of the commission has taken the oath of office prescribed in section 75-102, the commission shall meet at Lincoln and organize. The commission shall also appoint employees as may be necessary to perform the duties which may be required of the commission.
Source
Laws 1963, c. 425, art. I, § 5, p. 1356;
Laws 1971, LB 653, § 7;
Laws 1994, LB 414, § 28.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-106 - Executive director; qualifications; salary; duties; fees for transcripts.

75-106.
Executive director; qualifications; salary; duties; fees for transcripts.
Any person who is eligible to hold the office of commissioner shall also be eligible to hold the office of executive director. The salary of the executive director shall be fixed by the commission, payable monthly. The executive director shall take the same oath as the commissioners. The executive director shall keep full and correct minutes of all transactions and proceedings of the commission, and it shall be his or her duty to, upon request and being paid the lawful fees therefor, furnish a transcript, duly authenticated by the commission, of any public record of the commission and to perform such duties as may be required by the commission. The executive director shall charge such fees for furnishing a transcript as are allowed by law on appeal from the district court to the Court of Appeals and shall turn such fees into the fund provided for the expenses of the commission.
Source
Laws 1963, c. 425, art. I, § 6, p. 1356;
Laws 1965, c. 445, § 1, p. 1414;
Laws 1967, c. 478, § 1, p. 1474;
Laws 1991, LB 732, § 128;
Laws 1994, LB 414, § 29.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-108 - Attorney General; act as legal advisor.

75-108.
Attorney General; act as legal advisor.
The commission may consult the Attorney General with reference to any matter upon which it may require advice, and the Attorney General shall give such advice as the commission may require and perform such other services within the line of duty as the commission may require.
Source
Laws 1963, c. 425, art. I, § 8, p. 1357;
Laws 1994, LB 414, § 30.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-109 - Commission; regulatory powers; scope.

75-109.
Commission; regulatory powers; scope.
Except as provided in the Agricultural Suppliers Lease Protection Act and sections 86-124 and 86-143, the commission shall regulate and exercise general control as provided by law over all common and contract carriers engaged in the transportation of freight or passengers for hire or furnishing telecommunications services for hire in Nebraska intrastate commerce.
Source
Laws 1963, c. 425, art. I, § 9, p. 1357;
Laws 1965, c. 446, § 1, p. 1415;
Laws 1986, LB 835, § 12;
Laws 1989, LB 95, § 4;
Laws 1994, LB 414, § 31;
Laws 1995, LB 424, § 2;
Laws 1997, LB 660, § 2;
Laws 1999, LB 150, § 12;
Laws 2000, LB 1285, § 1;
Laws 2002, LB 435, § 9;
Laws 2002, LB 1105, § 483;
Laws 2003, LB 790, § 62.
Cross References
Agricultural Suppliers Lease Protection Act, see section 2-5501.
Annotations
The phrase "provided by law" means prescribed or provided by statute, and thus, the Nebraska Public Service Commission's statutory authority over any particular common or contract carrier must be derived from some statute other than this section. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).
The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).
Tacking is an extension of the authorized service under regulation of the Nebraska State Railway Commission, and the right to tack does not exist unless granted by the commission. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
Powers of Railway Commission hereunder are not limited by statute authorizing enforcement by injunction in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).
A mutual or cooperative company furnishing intrastate communication services for benefit of its stockholders held, under circumstances, to be a common carrier subject to jurisdiction of railway commission. American Communication Co., Inc. v. Buntemeyer, 184 Neb. 220, 166 N.W.2d 116 (1969).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-110 - Rules and regulations.

75-110.
Rules and regulations.
(1) The Public Service Commission shall adopt and promulgate rules and regulations for the government of its proceedings, including rules of procedure for notice and hearing. The commission shall adopt and promulgate rules and regulations which the commission deems necessary to regulate persons within the commission's jurisdiction. The commission shall not take any action affecting persons subject to the commission's jurisdiction unless such action is taken pursuant to a rule, regulation, or statute.
(2) For purposes of granting or denying a petition for intervention, the commission shall be exempt from section 84-912.02.
Source
Laws 1963, c. 425, art. I, § 10, p. 1357;
Laws 1967, c. 479, § 1, p. 1475;
Laws 1993, LB 413, § 2;
Laws 1994, LB 414, § 32;
Laws 1996, LB 1218, § 37;
Laws 2017, LB263, § 80.
Cross References
For other provisions for adopting rules and regulations, see Chapter 84, article 9.
Annotations
The Public Service Commission has authority to take actions affecting parties subject to its jurisdiction if such action is taken pursuant to a statute. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).
This section does not require the Public Service Commission to engage in rulemaking when defining terms in a federal statute unless the Public Service Commission first considers that such action is necessary. In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002).
This section requires the Public Service Commission to promulgate rules only for the government of its proceedings, including rules of procedure for notice and hearing and rules which the commission considers necessary to regulate persons within its jurisdiction. In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002).
Commission had right to adopt rule prohibiting tacking of certain authorities and regulating tacking of other authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
A rate order is not a rule. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-110.01 - Application or petition for authority or relief; procedures.

75-110.01.
Application or petition for authority or relief; procedures.
A summary of the authority or relief sought in an application or petition shall be set out in the notice given according to the rules the commission shall adopt. After notice of an application or petition has been given as provided by the rules for notice, the commission may process the application or petition without a hearing by use of affidavits if the application or petition is not opposed. The commission shall not deny an application or petition of a common carrier, pipeline carrier, or jurisdictional utility until after it has either given the applicant a hearing thereon, or received the applicant's affidavits and made them a part of the record.
Source
Laws 1967, c. 479, § 2, p. 1476;
Laws 2003, LB 790, § 64;
Laws 2011, First Spec. Sess., LB1, § 15.
Annotations
Railway Commission is required to hold a hearing on an application on a petition unless it is not opposed and its disposition is made by use of affidavits. Allen v. Omaha Transit Co., Inc., 187 Neb. 156, 187 N.W.2d 760 (1971).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-111 - Commission; investigatory powers.

75-111.
Commission; investigatory powers.
The commission shall investigate any and all cases of alleged neglect or violation of the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01 and take such action with reference to the neglect or violation as may be provided by law.
Source
Laws 1963, c. 425, art. I, § 11, p. 1357;
Laws 1989, LB 78, § 1;
Laws 1995, LB 424, § 3;
Laws 2008, LB755, § 1.
Annotations
The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-112 - Commissioners and examiners; powers; certification of official acts.

75-112.
Commissioners and examiners; powers; certification of official acts.
(1) For purposes of carrying out the powers and duties of the commission related to the subjects under its jurisdiction enumerated in section 75-109.01, each commissioner and examiner of the commission may:
(a) Administer oaths;
(b) Compel the attendance of witnesses;
(c) Examine any of the books, papers, documents, and records of any motor carrier or regulated motor carrier as defined in section 75-302 or common, contract, or pipeline carrier subject to the jurisdiction of the commission under section 75-109.01 or any jurisdictional utility or have such examination made by any person that the commission may employ for that purpose;
(d) Compel the production of such books, papers, documents, and records; or
(e) Examine under oath or otherwise any officer, director, agent, or employee of any such carrier or jurisdictional utility or any other person.
(2) Any person employed by the commission to examine such books, papers, documents, or records shall produce his or her authority, under the hand and seal of the commission, to make such examination.
(3) The commissioners may certify to all official acts of the commission.
Source
Laws 1963, c. 425, art. I, § 12, p. 1358;
Laws 1989, LB 78, § 2;
Laws 1994, LB 414, § 33;
Laws 1995, LB 424, § 4;
Laws 2003, LB 790, § 65;
Laws 2004, LB 1004, § 1;
Laws 2011, First Spec. Sess., LB1, § 16.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-113 - Records; prescribe; inspection.

75-113.
Records; prescribe; inspection.
The commission may prescribe the forms of any and all accounts and records to be kept by a regulated motor carrier as defined in section 75-302 or common carriers subject to its jurisdiction, including the accounts, records, and memoranda of the movement of traffic as well as the receipts and expenditures of money. The commission shall not prohibit any such carrier from capitalizing on its balance sheet the value of any certificate or permit held by such carrier. The commission shall at all times have access to all accounts, records, and memoranda kept by such carriers, and it shall be unlawful for such carriers to keep any other accounts, records, or memoranda than those prescribed or approved by the commission, except as provided in this section.
Source
Laws 1963, c. 425, art. I, § 13, p. 1358;
Laws 1989, LB 78, § 3;
Laws 1994, LB 414, § 34;
Laws 1995, LB 424, § 5.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-114 - Records; refusal to permit examination; penalty.

75-114.
Records; refusal to permit examination; penalty.
Any motor carrier or regulated motor carrier as defined in section 75-302, any common carrier, or any other person who has in his or her possession any book, paper, document, or record belonging to any carrier subject to the jurisdiction of the commission and who, upon proper demand, fails or refuses to exhibit to any commissioner or any person authorized by the commission to investigate the same any book, paper, document, or record of such carrier, which is in the possession or under the control of such carrier or any officer, agent, or employee thereof, shall be guilty of a Class III misdemeanor. Any officer, agent, or employee of any carrier or any other person who, upon proper demand, fails or refuses to exhibit to any commissioner or any person authorized by the commission to investigate the same any book, paper, document, or record of such carrier, which is in the possession or under the control of such person, shall be guilty of a Class III misdemeanor for each offense.
Source
Laws 1963, c. 425, art. I, § 14, p. 1358;
Laws 1989, LB 78, § 4;
Laws 1995, LB 424, § 6;
Laws 1996, LB 1218, § 38.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-115 - Examinations and inspections; authorized; duty and power to repair; notice; injunctions; carrier enforcement division; powers.

75-115.
Examinations and inspections; authorized; duty and power to repair; notice; injunctions; carrier enforcement division; powers.
(1) The commission shall have the power to examine and inspect, from time to time, the condition of each motor carrier or regulated motor carrier as defined in section 75-302 or each common carrier, the carrier's equipment, and the manner of the carrier's conduct and management, with regard to the public safety and convenience in the state.
(2) If any equipment is found in an unsafe and dangerous condition, the commission shall immediately notify such carrier whose duty it is to put the same in repair, which shall be done by it within a reasonable time after receiving such notice. If any such carrier fails to perform this duty, the commission may enjoin and prevent it from operating the same while in such unsafe and dangerous condition or may after notice and hearing order such carrier to make reasonable improvements of its service, facilities, and equipment as are necessary.
(3) It is the policy of the Legislature that the on-road enforcement of the provisions of law related to regulated motor carriers and motor carriers administered by the commission shall be carried out by the carrier enforcement division of the Nebraska State Patrol.
Source
Laws 1963, c. 425, art. I, § 15, p. 1359;
Laws 1971, LB 662, § 1;
Laws 1989, LB 78, § 5;
Laws 1995, LB 424, § 7;
Laws 1996, LB 1218, § 39.
Annotations
Even before 1971 amendment, Railway Commission's powers were not limited to injunction as means of enforcement; power specifically confirmed by 1971 amendment. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-116 - Annual report; filing requirements; fee.

75-116.
Annual report; filing requirements; fee.
Each regulated motor carrier as defined in section 75-302 or common carrier required to furnish an annual report with a federal regulatory agency shall file a copy of the report with the commission on or before the date on which such report is filed with such agency. Each such carrier not required to file an annual report with a federal regulatory agency may be required to file an annual report with the commission in the form prescribed by the commission on or before April 30 of each year. Each carrier which files an annual report or a copy of an annual report under this section shall submit a fee of twenty-five dollars with the filing. The commission shall remit the fees received to the State Treasurer for credit to the General Fund.
Source
Laws 1963, c. 425, art. I, § 16, p. 1359;
Laws 1965, c. 447, § 1, p. 1419;
Laws 1989, LB 78, § 6;
Laws 1994, LB 414, § 35;
Laws 1995, LB 424, § 8;
Laws 1996, LB 1218, § 40;
Laws 2003, LB 187, § 14.
Annotations
A failure through oversight to file an annual report required by this section would not justify a revocation of authority. Nebraska Public Service Commission v. Grand Island Moving & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-117 - Order of commission; failure to comply; penalty.

75-117.
Order of commission; failure to comply; penalty.
Any motor carrier or regulated motor carrier as defined in section 75-302 or common carrier which fails, neglects, or refuses to comply with any order of the commission shall be guilty of a Class IV misdemeanor. Each day during which such failure, neglect, or refusal continues shall constitute a separate offense. If a motion is filed for reconsideration or to set aside the order, the carrier shall not be subject to such penalty during the pendency of such motion.
Source
Laws 1963, c. 425, art. I, § 17, p. 1360;
Laws 1989, LB 78, § 7;
Laws 1995, LB 424, § 9;
Laws 2002, LB 1105, § 484;
Laws 2003, LB 187, § 15.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-118 - Commission; duties.

75-118.
Commission; duties.
The commission shall:
(1) Until July 1, 2021, fix all necessary rates, charges, and regulations governing and regulating the transportation, storage, or handling of household goods by any common carrier in Nebraska intrastate commerce;
(2) Fix all necessary rates, charges, and regulations governing and regulating the transportation of passengers by any common carrier in Nebraska intrastate commerce;
(3) Until July 1, 2021, make all necessary classifications of household goods that may be transported, stored, or handled by any common carrier in Nebraska intrastate commerce, such classifications applying to and being the same for all common carriers;
(4) Authorize the transportation of (a) household goods under a license issued pursuant to section 75-304.03 or (b) employees of a railroad carrier under a license issued pursuant to section 75-304.04;
(5) Prevent and correct the unjust discriminations set forth in section 75-126;
(6) Enforce all statutes and commission regulations pertaining to rates and, if necessary, institute actions in the appropriate court of any county in which the common carrier involved operates except actions instituted pursuant to sections 75-140 and 75-156 to 75-158. All suits shall be brought and penalties recovered in the name of the state by or under the direction of the Attorney General; and
(7) Enforce the Major Oil Pipeline Siting Act and the State Natural Gas Regulation Act.
Source
Laws 1963, c. 425, art. I, § 18, p. 1360;
Laws 1989, LB 78, § 8;
Laws 1994, LB 414, § 36;
Laws 1995, LB 424, § 10;
Laws 2003, LB 790, § 66;
Laws 2011, First Spec. Sess., LB1, § 17;
Laws 2020, LB461, § 2.
Cross References
Major Oil Pipeline Siting Act, see section 57-1401.
State Natural Gas Regulation Act, see section 66-1801.
Annotations
Evidence of the existing rates for services as established by the Interstate Commerce Commission constitutes prima facie evidence of the reasonableness of the rates for the same services when performed in intrastate commerce in this state. Nebraska Railroads of Omaha v. Nebco, Inc., 194 Neb. 322, 231 N.W.2d 505 (1975).
The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M. C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).
This section referred to in decision to the effect that the State Railway Commission is empowered to fix joint line rates. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).
Railway Commission has a duty to prescribe necessary rates and classification of freight. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-118.01 - Certificate, permit, tariff, rule, or regulation; interpretation; jurisdiction.

75-118.01.
Certificate, permit, tariff, rule, or regulation; interpretation; jurisdiction.
Except as otherwise provided in the Administrative Procedure Act, the commission shall have original exclusive jurisdiction to determine the validity of a rule or regulation and the scope or meaning of a certificate, permit, tariff, rule, or regulation. Upon petition or complaint by any common carrier or other interested person to determine the validity, scope, or meaning of a certificate, permit, tariff, rule, or regulation, the commission shall cause notice thereof to be given according to its rules and shall proceed to hear evidence and argument on the petition or complaint. After notice and hearing, the commission shall by order render its decision.
Source
Laws 1967, c. 479, § 3, p. 1476.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
Section 75-136 authorizes appellate courts to review an order of the Public Service Commission interpreting a rule or regulation pursuant to the commission's authority under this section. In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002).
This section gives the Nebraska Public Service Commission original exclusive jurisdiction to determine the scope or meaning of a certificate. In re Petition of G. Kay, Inc., 219 Neb. 24, 361 N.W.2d 182 (1985).
Commission had original exclusive jurisdiction to determine scope and meaning of rule relating to tacking of authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-119 - Rate, rule, or regulation; petition to prescribe or fix; procedure.

75-119.
Rate, rule, or regulation; petition to prescribe or fix; procedure.
When any common carrier or other interested person petitions the commission alleging that a rate, rule, or regulation should be prescribed when none exists or alleging that an existing rule, regulation, or rate is unreasonably high or low, unjust, or discriminatory, notice shall be given to the common carriers affected in accordance with the commission's rules for notice and hearing. The minimum notice to be given under this section shall be ten days. The order granting or denying the petition or application shall be mailed to the parties of record. If a petition or application is not opposed after notice has been given, the commission may act upon such petition or application without a hearing.
Source
Laws 1963, c. 425, art. I, § 19, p. 1361;
Laws 1967, c. 479, § 4, p. 1476;
Laws 1994, LB 414, § 37.
Annotations
The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).
Common carriers are entitled to be heard in rate case. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
The State Railway Commission is without authority to fix or change a schedule and classification of rates without notice and hearing. Chicago, B. & Q. R.R. Co. v. Nebraska State Railway Commission, 180 Neb. 587, 144 N.W.2d 432 (1966).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-121 - Emergency rate orders; when authorized.

75-121.
Emergency rate orders; when authorized.
To prevent interstate rate wars and injury to any common carrier or other person or in case of any other emergency to be judged by the commission, the commission shall temporarily alter, amend, or suspend any existing rates in force in respect to any common carrier or fix any such rates if none exist. The order prescribing an emergency rate shall describe the emergency and may be entered and made effective immediately. Within five days after the effective date of such order, notice of the rate shall be given to the common carriers affected in accordance with the commission's rules for notice. If an affected common carrier or other interested person files a protest to the granting of such rate within fifteen days after notice has been given, the commission shall notify the rate applicant and the protestant, hold a hearing, and issue an order within thirty days after the expiration of the time to file a protest. Emergency rate orders shall be subject to the provisions of section 75-139 and subject to review as provided in section 75-136.
Source
Laws 1963, c. 425, art. I, § 21, p. 1362;
Laws 1967, c. 479, § 5, p. 1477;
Laws 1991, LB 732, § 129;
Laws 1994, LB 414, § 38;
Laws 2003, LB 187, § 16.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-123 - Rates; hearing; criteria.

75-123.
Rates; hearing; criteria.
The following criteria shall be among those considered by the commission in fixing, modifying, or annulling any rate:
(1) The lowest rates published or charged by any common carrier for substantially the same kind of service, whether in this state or another state, shall, when introduced into evidence, be accepted as prima facie evidence of a reasonable rate for the services inquired into; and
(2) If any common carrier involved in the proceedings operates outside of this state, the rate charged for substantially the same or greater service by it in the other state shall be considered in determining what is a reasonable rate.
Source
Laws 1963, c. 425, art. I, § 23, p. 1362;
Laws 1994, LB 414, § 39.
Annotations
Evidence of the existing rates for services as established by the Interstate Commerce Commission constitutes prima facie evidence of the reasonableness of the rates for the same services when performed in intrastate commerce in this state. Nebraska Railroads of Omaha v. Nebco, Inc., 194 Neb. 322, 231 N.W.2d 505 (1975).
Where there is a differential in rates between shipping points and the circumstances appear to be substantially similar, the lowest rate published or charged will be prima facie evidence of a reasonable rate for the service under investigation. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).
Prima facie evidence of reasonable rates may consist of the lowest rates published by any common carrier for the same kind of service. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-124 - Rates; publication.

75-124.
Rates; publication.
The commission may compile and reproduce tariffs containing the schedules of rates and charges for transportation of persons and, until July 1, 2021, household goods. The commission may make a charge for copies of such tariffs to cover the cost of reproducing, supplementing, and mailing the same. Every common carrier shall reproduce, keep for public inspection, and file with the commission in the manner prescribed by the commission, schedules showing the rates, fares, and charges for the transportation of passengers and, until July 1, 2021, household goods, which have been fixed and established as provided in Chapter 75, articles 1 and 3, and which are in force at the time with respect to such common carrier.
Source
Laws 1963, c. 425, art. I, § 24, p. 1363;
Laws 1995, LB 424, § 11;
Laws 2020, LB461, § 3.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-125 - Rate schedule; failure to publish; mandamus.

75-125.
Rate schedule; failure to publish; mandamus.
Any common carrier which fails, refuses, or neglects to file or publish any schedule of rates, fares, and charges, or any part of the same, shall, in addition to other penalties prescribed in sections 75-101 to 75-155, be subject to a writ of mandamus to be issued by any district court of this state in the judicial district in which its principal office is situated or in which the offense may be committed. If the common carrier is a foreign corporation, then the writ may be issued by any district court in the judicial district where it accepts traffic and has an agent to perform such service to compel compliance with the provisions of section 75-124. The writ shall issue in the name of the state on the relation or upon the petition of the commission, and the failure to comply with the requirements shall be punishable as for contempt and shall make such common carrier liable to a penalty of one thousand dollars for each day's failure to comply with the writ. Whenever any such writ of mandamus is applied for, no bond shall be required.
Source
Laws 1963, c. 425, art. I, § 25, p. 1363;
Laws 1994, LB 414, § 40.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-127 - Unjust discrimination and practices; violations; penalties.

75-127.
Unjust discrimination and practices; violations; penalties.
Any common carrier, shipper, or consignee who willfully violates any provision of section 75-126 shall be guilty of a Class I misdemeanor. Any officer, agent, or employee who, for or on behalf of any common carrier, shipper, or consignee, willfully violates any provision of section 75-126 shall be guilty of a Class II misdemeanor. Each day of violation shall constitute a separate offense.
Source
Laws 1963, c. 425, art. I, § 27, p. 1365;
Laws 1971, LB 843, § 1;
Laws 1977, LB 39, § 198;
Laws 1994, LB 414, § 42.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-129 - Sessions and hearings; when and where held.

75-129.
Sessions and hearings; when and where held.
The commission may hold sessions at any place in the state when deemed necessary to facilitate the discharge of its duties and may conduct the hearing and other proceedings provided for in sections 75-101 to 75-801, in the Major Oil Pipeline Siting Act, in the State Natural Gas Regulation Act, or under any other law of this state at such place or places in the state as may, in the judgment of the commission, be the most convenient and practicable for determining the particular matter before the commission. The commission may hold public meetings as provided in section 57-1407.
Source
Laws 1963, c. 425, art. I, § 29, p. 1366;
Laws 2003, LB 790, § 69;
Laws 2011, First Spec. Sess., LB1, § 19.
Cross References
Major Oil Pipeline Siting Act, see section 57-1401.
State Natural Gas Regulation Act, see section 66-1801.