reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.16 - Real Property Appraiser Act; applicability; broker's price opinion or comparative market analysis; requirements.

81-885.16.
Real Property Appraiser Act; applicability; broker's price opinion or comparative market analysis; requirements.
(1) The Real Property Appraiser Act shall not apply to a person licensed under the Nebraska Real Estate License Act who, in the ordinary course of his or her business, gives a broker's price opinion or comparative market analysis, except that such opinion or analysis shall not be referred to as an appraisal.
(2) No compensation, fee, or other consideration shall be charged for a broker's price opinion or comparative market analysis other than a real estate commission or brokerage fee charged or paid for brokerage services rendered in connection with the sale of the real estate involved unless the opinion or analysis is in writing, is signed by the preparer, includes the date on which it was prepared, and contains or has attached thereto the following disclosure in bold fourteen-point type: This opinion or analysis is not an appraisal. It is intended only for the benefit of the addressee for the purpose of assisting buyers or sellers or prospective buyers or sellers in deciding the listing, offering, or sale price of the real property, for lending purposes in a transaction other than a federally related transaction, or for real property tax appeal purposes. This opinion or analysis is not governed by the Real Property Appraiser Act.
(3) A broker's price opinion or comparative market analysis prepared for an existing or potential lienholder originating, extending, renewing, or modifying a loan in a transaction other than a federally related transaction may not be used as the sole basis to determine the value of the real estate for the purpose of originating a loan secured by such real estate, and the person giving the opinion or analysis must be engaged directly by the lienholder or its agent. Such person shall have no duty to inquire as to any other basis used to determine such value.
Source
Laws 2010, LB931, § 28;
Laws 2015, LB375, § 2.
Cross References
Real Property Appraiser Act, see section 76-2201.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.18 - Application; refusal; hearing; decision.

81-885.18.
Application; refusal; hearing; decision.
(1) If the director of the commission, after an application in proper form has been filed with the commission, accompanied by the proper fee, refuses to accept the application, the director shall give notice of the fact to the applicant within twenty days after his or her ruling, order, or decision.
(2) Upon written request from the applicant, filed within thirty days after receipt of such notice by the applicant, the commission shall set the matter down for a hearing to be conducted within ninety days after receipt of the applicant's request.
(3) The hearing shall be at such time and place as the commission shall prescribe. At least twenty days prior to the date set for the hearing the commission shall notify the applicant and other persons protesting, and the notice shall set forth the reasons why the director refused to accept the application. Such written notice of hearing may be served by delivery personally to the applicant and protesters or by mailing the same by registered or certified mail to the last-known business address of the applicant and protesters.
(4) At the hearing the applicant shall be entitled to examine, either in person or by counsel, any and all persons protesting against him or her, as well as all other witnesses whose testimony is relied upon to substantiate any protest or denial of the application. The applicant shall be entitled to present such evidence, written and oral, as he or she may see fit and as may be pertinent to the inquiry.
(5) At the hearing all witnesses shall be duly sworn by the chairperson of the commission, or any member thereof, and stenographic notes of the proceedings shall be taken. Any party to the proceedings desiring a copy of the stenographic notes shall be furnished with a copy upon the payment to the commission of such fee as the commission shall prescribe, if the request is made within ten days after the date of any order issued by the commission.
(6) The commission shall render a decision on any application within sixty days after the final hearing on such application and shall immediately notify the parties to the proceedings, in writing, of its ruling, order, or decision.
Source
Laws 1973, LB 68, § 18;
Laws 1975, LB 354, § 1;
Laws 1983, LB 182, § 16;
Laws 1990, LB 350, § 8;
Laws 2002, LB 863, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.19 - License; form; broker's branch office; license; fee.

81-885.19.
License; form; broker's branch office; license; fee.
(1) The commission shall prescribe the forms of brokers' and salespersons' licenses.
(2) If a broker maintains more than one place of business within the state, he or she shall obtain a branch office license for each branch office so maintained by him or her. The commission shall issue a branch office license upon the payment of an annual fee to be established by the commission of not more than fifty dollars per license. The broker or an associate broker shall be the manager of a branch office.
(3) The commission shall provide for verification of the current status of licenses electronically or by other means readily available to the public.
Source
Laws 1973, LB 68, § 19;
Laws 1983, LB 182, § 17;
Laws 1990, LB 350, § 9;
Laws 1991, LB 204, § 3;
Laws 2002, LB 863, § 17;
Laws 2009, LB29, § 1;
Laws 2011, LB23, § 2;
Laws 2017, LB16, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.20 - Broker, salesperson; change in place of business or status; notify commission; fee.

81-885.20.
Broker, salesperson; change in place of business or status; notify commission; fee.
(1) Should the broker change his or her place of business, he or she shall forthwith notify the commission in writing of such change.
(2) When a salesperson or associate broker leaves the employ of a broker, the employing broker shall immediately forward the license of such employee to the commission and shall furnish such information regarding the termination of employment as the commission may require.
(3) When a salesperson or associate broker transfers from one employing broker to another, when an associate broker changes his or her status from associate broker to that of broker, or when a broker changes his or her status to that of associate broker, a transfer fee to be established by the commission of not more than fifty dollars shall be paid to the commission.
Source
Laws 1973, LB 68, § 20;
Laws 1983, LB 182, § 18;
Laws 1990, LB 350, § 10;
Laws 1991, LB 204, § 4;
Laws 2006, LB 819, § 3;
Laws 2011, LB23, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.22 - Broker, failure to comply with separate bank accounts and trust account provisions; report to Attorney General; action by Attorney General; receiver.

81-885.22.
Broker, failure to comply with separate bank accounts and trust account provisions; report to Attorney General; action by Attorney General; receiver.
Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with the provisions of section 81-885.21, or if any broker shall refuse to submit his or her books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition and the commission shall forthwith submit a complete report to the Attorney General of all information available to it. An action may be brought by the State of Nebraska to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action an order or judgment may be entered awarding such preliminary or final injunction as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through or by means of the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon him or her by the court.
Source
Laws 1973, LB 68, § 22;
Laws 1978, LB 361, § 9;
Laws 1983, LB 182, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.23 - Attorney General; special counsel; appoint; fees allowed; taxed as costs.

81-885.23.
Attorney General; special counsel; appoint; fees allowed; taxed as costs.
The Attorney General may appoint special counsel to prosecute the action as provided for in section 81-885.22, and all fees allowed to the receiver and to counsel so appointed shall be taxed as costs in such action as the court may direct.
Source
Laws 1973, LB 68, § 23.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.25 - Censure, revoke, or suspend license; impose civil fine; cease and desist order; hearing; notice; contents.

81-885.25.
Censure, revoke, or suspend license; impose civil fine; cease and desist order; hearing; notice; contents.
(1) Before the commission censures a licensee, imposes a civil fine, revokes or suspends a license, or issues a cease and desist order, the commission shall send to the licensee or violator a copy of the complaint by certified mail which contains the charges against the licensee or violator and, unless the licensee or violator waives the right to a hearing and has executed a consent order, give the licensee or violator a hearing on the matter.
(2) The licensee or violator shall have full authority to be heard in person or by counsel before the commission in reference to such charges. The commission shall, at least twenty days prior to the date set for hearing, notify the licensee or violator in writing of the date and place of the hearing. Such notice may be served by delivering it personally to the licensee or violator or by sending it by either registered or certified mail to the last-known business address of such licensee or any known address of the violator. If the licensee is an associate broker or a salesperson, the commission shall also notify the broker employing the licensee by mailing a copy of such notice to the broker's last-known business address.
Source
Laws 1973, LB 68, § 25;
Laws 1983, LB 182, § 21;
Laws 1984, LB 480, § 2;
Laws 1990, LB 350, § 12;
Laws 2009, LB30, § 8;
Laws 2010, LB691, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.26 - Answer to complaint; when.

81-885.26.
Answer to complaint; when.
Within twenty days from the time of service of the complaint and notice the licensee may file his or her sworn answer thereto which shall contain all defenses which he or she intends to assert. No motions or other pleadings shall be authorized.
Source
Laws 1973, LB 68, § 26;
Laws 1981, LB 238, § 3;
Laws 1990, LB 350, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.27 - Hearing; witnesses; subpoenas; depositions.

81-885.27.
Hearing; witnesses; subpoenas; depositions.
In the preparation and conducting of the hearing, the director shall have power to issue and sign subpoenas to require the attendance and testimony of any witness and the production of any papers, books, or documents. The chairperson or any member of the commission may administer oaths, examine the witnesses, and take any evidence he or she deems pertinent to the determination of the charges. Any witness subpoenaed shall be entitled to the same fees as prescribed by law in judicial proceedings in the district courts of this state in civil actions and mileage at the rate provided in section 81-1176 for state employees, but the payment of such fees and mileage shall be paid out of and kept within the limits of the funds created from license fees. The party against whom such charges may be filed shall have the right to obtain from the director a subpoena for any witnesses which he or she may desire at such hearing. Depositions may also be taken and used as in civil cases in the district courts.
Source
Laws 1973, LB 68, § 27;
Laws 1981, LB 204, § 179.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.28 - Refusal of witness to attend or testify; proceedings in district court.

81-885.28.
Refusal of witness to attend or testify; proceedings in district court.
(1) If any witness so subpoenaed shall refuse to attend the taking of a deposition or the hearing, or if attending shall refuse to testify, the commission may apply to the district court of the county in which the deposition is to be taken or in which the hearing is to be held for an order compelling the attendance of the witness, the giving of testimony, and the production of books, papers, and documents.
(2) The application shall be by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books, papers, and documents;
(b) That the witness has been subpoenaed in the manner prescribed by section 81-885.27; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the commission, or officer taking the deposition in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing or deposition.
(3) The court, upon petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he or she has not attended, testified, or produced the books, papers, or documents before the commission. A certified copy of the order shall be served upon the witness.
(4) If at the show-cause hearing, it shall appear to the court that the subpoena was regularly issued by the director of the commission, the court shall thereupon enter an order that the witness appear before the commission or the officer taking the deposition at the time and place fixed in the order and testify or produce the required books, papers, or documents, and upon failure to obey such order the witness shall be dealt with as for contempt of court.
Source
Laws 1973, LB 68, § 28;
Laws 1983, LB 182, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.29 - Findings and determination by commission; license revoked or suspended; when; censure; civil fine; stay of execution; probation.

81-885.29.
Findings and determination by commission; license revoked or suspended; when; censure; civil fine; stay of execution; probation.
After the hearing the commission shall state in writing, officially signed by the chairperson and attested to by the director, its findings and determination and its order in the matter. If the commission determines that the licensee has been guilty of any violation of the Nebraska Real Estate License Act or the rules and regulations of the commission or the violator has been guilty of a violation of section 81-885.03, the commission may revoke or suspend the license, enter an order censuring the licensee, or impose a civil fine on a licensee pursuant to section 81-885.10 or on a violator pursuant to section 81-885.03. The execution of a penalty of suspension may be stayed by the commission and the licensee may be placed on probation for the suspension period, after satisfactory completion of which his or her license shall be fully reinstated. Any violation of the act or the rules and regulations by the licensee during the period of probation shall cause the immediate execution of the suspension penalty.
Source
Laws 1973, LB 68, § 29;
Laws 1975, LB 354, § 4;
Laws 1983, LB 182, § 23;
Laws 1990, LB 350, § 14;
Laws 2002, LB 863, § 20;
Laws 2009, LB30, § 9;
Laws 2010, LB691, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.30 - Appeal; procedure.

81-885.30.
Appeal; procedure.
An order of the commission which has become final may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1973, LB 68, § 30;
Laws 1981, LB 238, § 4;
Laws 1988, LB 352, § 169.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
Action by Real Estate Commission to suspend license is arbitrary and capricious where it is taken on findings of fact that do not represent a breach of conduct within the terms of the statute. Judicial review of a commission order issued before the effective date of the 1981 amendment to this section is under the amendment, where district court acted on the appeal after the amendment took effect. Hancock v. State ex rel. Real Estate Comm., 213 Neb. 807, 331 N.W.2d 526 (1983).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.31 - Civil fines; distribution; collection procedure.

81-885.31.
Civil fines; distribution; collection procedure.
(1) All civil fines collected pursuant to the Nebraska Real Estate License Act shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
(2) Any civil fine imposed pursuant to the act which remains unpaid for more than sixty days shall constitute a debt to the State of Nebraska which may be recovered by the Attorney General, along with reasonable attorney's fees and court costs, in a proper form of action in the name of the state in the district court of the county in which the violator resides. The commission shall consider such debt to be grounds for denial, refusal to renew, or refusal to reinstate a license under the act or grounds for additional disciplinary action by the commission.
Source
Laws 2009, LB30, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.33 - Subdivision real estate; sale or offer to sell; requirements.

81-885.33.
Subdivision real estate; sale or offer to sell; requirements.
It shall be unlawful for any person, partnership, limited liability company, or corporation to sell or offer for sale any real estate in a subdivision except by a broker and his or her employees duly licensed in this state.
Source
Laws 1973, LB 68, § 33;
Laws 1983, LB 182, § 24;
Laws 1993, LB 121, § 534;
Laws 2002, LB 863, § 21.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.35 - Subdivision real estate; investigation; expenses; certificate; conditions.

81-885.35.
Subdivision real estate; investigation; expenses; certificate; conditions.
(1) The commission shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the commission in investigating such real estate and the proposed sale thereof in this state shall be borne by the applicant and the commission shall require a deposit sufficient to cover such expenses prior to incurring the same.
(2) No application shall be approved by the commission unless the subdivider offers satisfactory proof of his or her ability to provide promised public improvements such as but not limited to water, sewer, gas, and streets. Satisfactory proof shall be in the form of performance bonds or other security.
(3) Obtaining a certificate of registration shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such applicant in any action arising out of the applicant's activity in this state.
Source
Laws 1973, LB 68, § 35;
Laws 1983, LB 447, § 96;
Laws 1983, LB 182, § 26.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.36 - Subdivision real estate; application for certificate; approval; fee; renewal.

81-885.36.
Subdivision real estate; application for certificate; approval; fee; renewal.
If the application is approved, the commission shall issue a certificate of registration to the applicant. After issuance of a certificate, an annual fee of fifty dollars plus ten dollars for each one hundred lots or fraction thereof computed on the number of lots in the original application shall be due and payable on or before January 1 of each year. Failure to remit annual fees when due shall automatically cancel such certificate, but otherwise such certificate shall remain in full force and effect if the commission determines from satisfactory investigation that such certificate should be renewed. Before issuing the renewal certificate each year, the certificate holder shall furnish to the commission such information as may be requested by the commission. If an investigation is required, the cost of making the investigation shall be paid by the certificate holder.
Source
Laws 1973, LB 68, § 36.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.37 - Subdivision real estate; instrument conveying an interest; recordable form; recording.

81-885.37.
Subdivision real estate; instrument conveying an interest; recordable form; recording.
Any instrument conveying an interest in the subdivided real estate shall be in recordable form and the subdivider or buyer may record such instrument in the county where the real estate is located and in the office where deeds are recorded.
Source
Laws 1973, LB 68, § 37.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.38 - Subdivision real estate; representations that commission has inspected and approved; unlawful.

81-885.38.
Subdivision real estate; representations that commission has inspected and approved; unlawful.
No broker or salesperson shall in any manner refer to the commission or any member or employee thereof in selling, offering for sale, or advertising or otherwise promoting the sale, mortgage, or lease of any such real estate, nor make any representation whatsoever that such real estate has been inspected or approved or otherwise passed upon by the commission or any state official, department, or employee.
Source
Laws 1973, LB 68, § 38;
Laws 1983, LB 182, § 27.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.39 - Subdivision real estate; cease and desist orders.

81-885.39.
Subdivision real estate; cease and desist orders.
The director, with the consent of the commission, shall have the power to issue a cease and desist order upon determination that sections 81-885.33 to 81-885.38 have been or are about to be violated.
Source
Laws 1973, LB 68, § 39.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.40 - Subdivision real estate; failure to comply with sections; contract void; repayment of money with interest.

81-885.40.
Subdivision real estate; failure to comply with sections; contract void; repayment of money with interest.
Failure on the part of any person, partnership, limited liability company, or corporation to comply with sections 81-885.33 to 81-885.39 shall render any contract (1) entered into in this state or (2) arising out of contacts between the purchaser and subdivider within this state void and unenforceable, and any money paid under such contract to the subdivider, together with interest at the rate of six percent per annum from date of such payment, may be recovered in an action at law brought in the county where the cause of action or some part thereof arose.
Source
Laws 1973, LB 68, § 40;
Laws 1993, LB 121, § 536;
Laws 2002, LB 863, § 23.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.41 - Subdivision real estate; industrial or commercial properties.

81-885.41.
Subdivision real estate; industrial or commercial properties.
Sections 81-885.33 to 81-885.40 shall not apply to the sale or lease of lots in a subdivision for industrial or commercial properties.
Source
Laws 1973, LB 68, § 41.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.42 - Subdivision real estate; sales of twenty-five or more lots.

81-885.42.
Subdivision real estate; sales of twenty-five or more lots.
Sections 81-885.33 to 81-885.40 shall not apply to sale or lease of real estate not pursuant to a common promotional plan to offer or sell twenty-five or more lots in a subdivision.
Source
Laws 1973, LB 68, § 42.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.43 - Violations; Attorney General; maintain action.

81-885.43.
Violations; Attorney General; maintain action.
Except as provided in subsection (2) of section 81-885.31, whenever, in the judgment of the commission, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Nebraska Real Estate License 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 1973, LB 68, § 43;
Laws 1983, LB 182, § 28;
Laws 2009, LB30, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.44 - Complaint for violations of act.

81-885.44.
Complaint for violations of act.
The commission by and through its director may prefer a complaint for violation of the Nebraska Real Estate License Act.
Source
Laws 1973, LB 68, § 44;
Laws 1983, LB 182, § 29;
Laws 2009, LB30, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.45 - Acting without license or certificate; penalty.

81-885.45.
Acting without license or certificate; penalty.
Any person or subdivider acting as a broker, salesperson, or subdivider without having first obtained the required license or subdivision certificate or while his or her license or subdivision certificate is under suspension shall be guilty of a Class II misdemeanor.
Source
Laws 1973, LB 68, § 45;
Laws 1975, LB 354, § 5;
Laws 1977, LB 39, § 296;
Laws 1978, LB 361, § 12;
Laws 1985, LB 109, § 2;
Laws 2002, LB 863, § 24.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.46 - License or certificate under prior law; renewal.

81-885.46.
License or certificate under prior law; renewal.
Any real estate license or subdivision certificate issued prior to September 2, 1973, shall, for purposes of renewal, be considered to have been originally issued under the Nebraska Real Estate License Act.
Source
Laws 1973, LB 68, § 46;
Laws 1983, LB 182, § 30;
Laws 2009, LB30, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.48 - Terms, how construed.

81-885.48.
Terms, how construed.
Except for purposes of section 81-885.04, the terms employ, employed, employer, or employee as used in the Nebraska Real Estate License Act shall not necessarily be construed to imply an employer and employee relationship. The use of such terms shall not prohibit the establishment of any independent contract or other relationship between a business and an individual, between individuals, or between businesses, including an employer and employee relationship.
Source
Laws 1978, LB 361, § 13;
Laws 2009, LB30, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.49 - Continuing education and training; purpose.

81-885.49.
Continuing education and training; purpose.
The purpose of sections 81-885.49 to 81-885.54 is to establish requirements for continuing education and training of real estate brokers and salespersons who are licensed in order to maintain and improve the quality of real estate services provided to the public.
Source
Laws 1985, LB 101, § 5;
Laws 2011, LB24, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.50 - Continuing education and training; terms, defined.

81-885.50.
Continuing education and training; terms, defined.
As used in sections 81-885.49 to 81-885.54, unless the context otherwise requires:
(1) Commission shall mean the State Real Estate Commission;
(2) Licensee shall mean a natural person who is licensed by the commission as a real estate broker or salesperson; and
(3) Two-year period shall mean twenty-four months commencing on January 1 following either the date of licensing of the real estate broker or salesperson or March 8, 1985, whichever is later, and each succeeding twenty-four-month period.
Source
Laws 1985, LB 101, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.51 - Continuing education and training; evidence of completion.

81-885.51.
Continuing education and training; evidence of completion.
In each two-year period, every licensee shall complete twelve hours of approved continuing education activities and six hours of broker-approved training. Evidence of completion of such continuing education and training activities for the two-year period shall be submitted to the commission pursuant to rules and regulations adopted and promulgated by the commission.
Source
Laws 1985, LB 101, § 7;
Laws 2002, LB 863, § 25;
Laws 2011, LB24, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.52 - Continuing education and training; certify activities.

81-885.52.
Continuing education and training; certify activities.
(1) The commission shall certify as approved continuing education activities those courses, lectures, seminars, or other instructional programs which it determines would protect the public by improving the competency of licensees. The commission may require descriptive information about any continuing education or training activity and refuse approval of any continuing education or training activity which does not advance the purposes of sections 81-885.49 to 81-885.54. The commission shall not approve any provider of continuing education or training courses, lectures, seminars, or other instructional programs unless such provider meets the standards established by the commission.
(2) The commission shall certify the number of hours to be awarded for participation in an approved continuing education activity, based upon contact or classroom hours or other criteria prescribed by rule and regulation of the commission.
(3) The commission may certify the number of hours to be awarded for successful completion of a course delivered in a distance education format, based upon the number of hours which would be awarded in an equivalent classroom course or program or other criteria prescribed by rule and regulation of the commission.
Source
Laws 1985, LB 101, § 8;
Laws 2002, LB 863, § 26;
Laws 2011, LB24, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.53 - Continuing education and training; licensee; requirements.

81-885.53.
Continuing education and training; licensee; requirements.
Except for inactive licensees, the commission shall not renew a license or issue a new license to any licensee who has failed to comply with the requirements of sections 81-885.49 to 81-885.54. Inactive licensees may renew their licenses at the end of the two-year period without having completed the hours of continuing education and training activities required by section 81-885.51 for each two-year period. Inactive licensees shall not be activated until the licensee has satisfactorily completed the total number of deficient hours of continuing education activities and filed evidence of such completion with the commission, except that no inactive licensee shall be required to make up more than the number of hours of continuing education required by section 81-885.51 for a two-year period.
Source
Laws 1985, LB 101, § 9;
Laws 2002, LB 863, § 27;
Laws 2011, LB24, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.54 - Continuing education and training; rules and regulations.

81-885.54.
Continuing education and training; rules and regulations.
The commission shall adopt and promulgate rules and regulations necessary for the effective administration of sections 81-885.49 to 81-885.54 pursuant to the Administrative Procedure Act. Such rules and regulations may include, but not be limited to, the establishment of minimum standards for schools, courses, and instructors.
Source
Laws 1985, LB 101, § 10.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.55 - Errors and omissions insurance; commission; duties; certificate of coverage; required; when; group plan unavailable at a reasonable premium; effect.

81-885.55.
Errors and omissions insurance; commission; duties; certificate of coverage; required; when; group plan unavailable at a reasonable premium; effect.
(1) Every licensee under the Nebraska Real Estate License Act, except an inactive broker or salesperson, shall have errors and omissions insurance to cover all activities contemplated under the act. The commission shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after competitive bidding. Any group policy obtained by the commission shall be available to all licensees with no right on the part of the insurer to cancel any licensee. Licensees may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the commission.
(2) The commission shall determine the terms and conditions of coverage required under this section, including the minimum limits of coverage, the permissible deductible, and permissible exemptions. Each licensee shall be notified of the required terms and conditions at least thirty days prior to the annual license renewal date. A certificate of coverage showing compliance with the required terms and conditions shall be filed with the commission by the annual license renewal date by each licensee who does not participate in the group program administered by the commission.
(3) If the commission is unable to obtain errors and omissions insurance coverage to insure all licensees who choose to participate in the group program at a reasonable premium not to exceed five hundred dollars, the errors and omissions insurance requirement of this section shall not apply during the year for which coverage cannot be obtained.
Source
Laws 1991, LB 118, § 1;
Laws 2002, LB 863, § 28;
Laws 2004, LB 845, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-885.56 - Team leader.

81-885.56.
Team leader.
A team leader shall be responsible for supervising the real estate activities of his or her team performed under the Nebraska Real Estate License Act subject to the overall supervision by the designated broker of the team leader and team members.
Source
Laws 2016, LB678, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-887.03 - Auctioneers; compliance with Nebraska Real Estate License Act; required.

81-887.03.
Auctioneers; compliance with Nebraska Real Estate License Act; required.
All auctioneers of any state shall comply with the requirements of the Nebraska Real Estate License Act before conducting a sale of real estate in this state.
Source
Laws 1953, c. 339, § 3, p. 1112;
Laws 2009, LB30, § 15;
Laws 2022, LB707, § 60.
Cross References
Nebraska Real Estate License Act, see section 81-885.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,108 - Land surveying; declaration of policy; prohibited acts.

81-8,108.
Land surveying; declaration of policy; prohibited acts.
In order to safeguard life, health, and property, any person practicing or offering to practice land surveying in this state shall submit evidence that he or she is qualified to practice and shall be registered as provided in the Land Surveyors Regulation Act. It shall be unlawful for any person to practice or to offer to practice land surveying in this state unless such person has been duly registered under the act.
Source
Laws 1957, c. 383, § 1, p. 1332;
Laws 1994, LB 874, § 1;
Laws 2015, LB138, § 6.
Annotations
Registered surveyors are professionals for purposes of professional negligence. Bixenmann v. Dickinson Land Surveyors, 294 Neb. 407, 882 N.W.2d 910 (2016).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,108.01 - Land Surveyors Regulation Act; act, how cited.

81-8,108.01.
Land Surveyors Regulation Act; act, how cited.
Sections 81-8,108 to 81-8,127 shall be known and may be cited as the Land Surveyors Regulation Act.
Source
Laws 2015, LB138, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,109 - Land surveying; definitions.

81-8,109.
Land surveying; definitions.
For purposes of the Land Surveyors Regulation Act, unless the context otherwise requires:
(1) Board or examining board means the State Board of Examiners for Land Surveyors;
(2) Land surveyor means a person who engages in the practice of land surveying;
(3) Surveyor-in-training means a person (a) who is a graduate in an approved surveying or engineering curriculum of four years or more or who has had four or more years of experience in surveying work of a character satisfactory to the examining board and (b) who has successfully passed the examination in the fundamental surveying subjects and has received from the examining board a certificate stating that that portion of the examination has been successfully passed. The fee for such certificate and for the renewal of such certificate shall be set by the examining board; and
(4) Land surveying means the establishment or reestablishment of corners and boundaries and the location of lots, parcels, tracts, or divisions of land, which may include distance, direction, elevation, and acreage, and the correct determination and description of lots, parcels, tracts, or divisions of land for, but not limited to, any of the following purposes:
(a) To furnish a legal description of any tract of land to be used in the preparation of deeds of conveyance when the description is not the same as the one in the deed of conveyance to the current owner or when bearings, distances, or measurements are needed to properly describe the tract being conveyed;
(b) To furnish a legal description of any land surveyed to be used in the platting or subdividing of the land;
(c) To determine the amount of acreage contained in any land surveyed; or
(d) To furnish a topographic plat of a lot, parcel, tract, or division of land and locating natural and artificial features in the air, on the surface or subsurface of the earth, and on the beds or surface of bodies of water for the purpose of establishing the facts of size, area, shape, topography, and orientation of improved or unimproved real property and appurtenances to the real property.
Source
Laws 1957, c. 383, § 2, p. 1332;
Laws 1971, LB 442, § 1;
Laws 1989, LB 263, § 1;
Laws 1994, LB 874, § 2;
Laws 2015, LB138, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110 - Land surveying; board of examiners; duties.

81-8,110.
Land surveying; board of examiners; duties.
An examining board shall be established for the purpose of examining, testing and interviewing persons aspiring to become registered to practice land surveying. The examining board shall be independent of all other examining boards and is established for the purpose of determining the ability of persons coming before it to practice land surveying.
Source
Laws 1957, c. 383, § 3, p. 1333;
Laws 1969, c. 514, § 6, p. 2106;
Laws 1971, LB 442, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.01 - Examining board; members; terms; qualifications; removal; vacancies.

81-8,110.01.
Examining board; members; terms; qualifications; removal; vacancies.
(1) The examining board shall consist of four members appointed by the Governor who are duly registered under the Land Surveyors Regulation Act to practice land surveying and one lay member appointed by the Governor who is of the age of legal majority and has been a resident of Nebraska for at least one year immediately prior to appointment to the examining board. Such lay member shall be a representative of consumer viewpoints.
(2) The members of the examining board shall be appointed to five-year terms. Each member shall serve until the appointment and qualification of his or her successor. Each member appointed to the examining board shall receive a certificate of appointment from the Governor. Each member so appointed, prior to beginning his or her term, shall file with the Secretary of State the constitutional oath of office. The Governor may remove any member of the examining board for misconduct, incompetency, incapacity, or neglect of duty or upon conviction of a crime involving moral turpitude. Vacancies on the examining board, however created, shall be filled for the unexpired term of the member by appointment by the Governor.
Source
Laws 1971, LB 442, § 3;
Laws 1984, LB 478, § 2;
Laws 1994, LB 874, § 3;
Laws 2015, LB138, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.02 - Examining board; members; residence; qualifications.

81-8,110.02.
Examining board; members; residence; qualifications.
Each member of the examining board who is a registered land surveyor shall be a resident of the State of Nebraska for at least one year immediately preceding his or her appointment to the examining board, shall have been engaged in the active practice of the discipline for at least ten years, and shall have been in responsible charge of work for at least five years prior to his or her appointment to the examining board.
Source
Laws 1971, LB 442, § 4;
Laws 1994, LB 874, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.03 - State Surveyor; ex officio secretary of examining board.

81-8,110.03.
State Surveyor; ex officio secretary of examining board.
The State Surveyor shall be ex officio secretary of the examining board and of all committees appointed by the examining board.
Source
Laws 1971, LB 442, § 5;
Laws 1994, LB 874, § 5.
Cross References
For provisions for appointment of the State Surveyor, see section 84-407.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.04 - Examining board; meetings.

81-8,110.04.
Examining board; meetings.
The examining board shall hold as many meetings throughout each year as may be necessary to conduct the business of the examining board and to examine, within a reasonable time, the applicants seeking registration. An annual meeting of the examining board shall be held for the election of officers.
Source
Laws 1971, LB 442, § 6;
Laws 1994, LB 874, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.05 - Examining board; meetings; notice.

81-8,110.05.
Examining board; meetings; notice.
Notice of all meetings, including the annual meeting of the examining board, shall be in such manner as provided in the bylaws of the examining board.
Source
Laws 1971, LB 442, § 7;
Laws 1994, LB 874, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.06 - Examining board; officers; election; duties.

81-8,110.06.
Examining board; officers; election; duties.
The examining board shall elect from its membership at its annual meeting, officers for the coming year. The officers shall be a chairperson and a vice-chairperson. The duties of the chairperson shall be to preside at all meetings of the examining board. The vice-chairperson shall preside in the absence of the chairperson and shall, with the other officers, fulfill such other duties and obligations as provided in section 81-8,110.07 and the bylaws.
Source
Laws 1971, LB 442, § 8;
Laws 1994, LB 874, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.07 - Examining board; secretary; duties; Land Surveyor Examiner's Fund; created; purpose; investment.

81-8,110.07.
Examining board; secretary; duties; Land Surveyor Examiner's Fund; created; purpose; investment.
The secretary of the examining board shall receive and account for all money derived from the operation of the Land Surveyors Regulation Act and shall remit it to the State Treasurer for credit to the Land Surveyor Examiner's Fund, which fund is hereby created. This fund shall be continued from year to year. When appropriated by the Legislature, this fund shall be expended only for the purposes of the Land Surveyors Regulation Act. When not reappropriated for the succeeding biennium, the money in this fund shall not revert to the General Fund. The fund shall be paid out only upon vouchers approved by the examining board and upon warrants issued by the Director of Administrative Services and countersigned by the State Treasurer. The expenditures of the examining board shall be kept within the income collected and remitted to the State Treasurer by the examining board. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Land Surveyor Examiner's 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 1971, LB 442, § 9;
Laws 1986, LB 258, § 35;
Laws 1994, LB 874, § 9;
Laws 1995, LB 7, § 110;
Laws 2009, First Spec. Sess., LB3, § 69;
Laws 2015, LB138, § 9.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.08 - Examining board; rules and regulations; publication.

81-8,110.08.
Examining board; rules and regulations; publication.
The examining board shall make and adopt all bylaws and rules, not inconsistent with law, which are needed in performing its duties. Such rules shall be published in the roster of registrants as provided for in section 81-8,113.
Source
Laws 1971, LB 442, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.11 - Examining board; members; expenses.

81-8,110.11.
Examining board; members; expenses.
Each member of the examining board shall receive, when authorized, all necessary travel, meals, and lodging expenses incidental to the performance of his or her official duties or while attending national meetings or seminars as the official representative of the examining board as provided in sections 81-1174 to 81-1177 for state employees.
Source
Laws 1971, LB 442, § 13;
Laws 1981, LB 204, § 180.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-8,110.12 - Examining board; seal; adopt.

81-8,110.12.
Examining board; seal; adopt.
The examining board shall adopt and have an official seal, which shall be affixed to all registration and in-training certificates that are granted by the examining board. The dimensions of the seal shall be as provided in the bylaws.
Source
Laws 1971, LB 442, § 14.