reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-130 - Witnesses; failure to testify or comply with subpoena; penalty; depositions; witness and other fees.

75-130.
Witnesses; failure to testify or comply with subpoena; penalty; depositions; witness and other fees.
In case any witness shall fail or refuse to obey any subpoena issued by the commission, or to produce before the commission such books, papers, documents or records as shall have been enumerated and required in any subpoena, or shall fail or refuse, when before the commission, to give testimony lawfully required by it, or fail or refuse to answer such questions as may be propounded by it which such witness would be required to answer if in court, he shall be guilty of a misdemeanor, and upon conviction thereof, for each offense, shall be fined in any sum not exceeding five thousand dollars. The claim that any such testimony may tend to incriminate the witness shall not excuse the witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Testimony may be taken by deposition as in suits at law. Witness fees shall be paid as provided by law in attendance at any district court in this state. The sheriff or constable executing any process of the commission shall receive such compensation as is provided by law for performing similar services.
Source
Laws 1963, c. 425, art. I, § 30, p. 1366.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-130.01 - Contested case; ex parte communication prohibited; applicability of section.

75-130.01.
Contested case; ex parte communication prohibited; applicability of section.
With respect to any matter of fact or law at issue in a contested case and notwithstanding any other provision of law, a member, staff, or agent of the Public Service Commission shall not during the pendency of any contested case heard before the commission have any ex parte communication with any party having an interest in the outcome of the contested case. For purposes of this section, the definitions in section 84-901 shall apply. Notwithstanding subdivision (4)(c) of section 84-901, this section applies to all communications by a party in contested cases under the State Natural Gas Regulation Act, including, but not limited to, general rate filings under section 66-1838.
Source
Laws 1999, LB 514, § 1;
Laws 2008, LB1072, § 3.
Cross References
State Natural Gas Regulation Act, see section 66-1801.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-131 - Common or contract carriers; jurisdictional utility; complaint of violation; service; other proceedings.

75-131.
Common or contract carriers; jurisdictional utility; complaint of violation; service; other proceedings.
Any person who complains of anything done or omitted to be done by any common or contract carrier or jurisdictional utility may request that the commission investigate and impose sanctions on such carrier or jurisdictional utility by filing a petition which briefly states the facts constituting the complaint. Notice of the complaint shall be served upon the respondent carrier or utility as in civil cases in district court, and the respondent shall be required to answer or satisfy the complaint within a reasonable time fixed by the commission. This section shall not prevent any person from proceeding against any common or contract carrier or utility under the laws of this state for such cases made and provided.
Source
Laws 1963, c. 425, art. I, § 31, p. 1366;
Laws 1994, LB 414, § 44;
Laws 2003, LB 790, § 70.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-132 - Complaint; hearing; notice; order.

75-132.
Complaint; hearing; notice; order.
If a carrier or jurisdictional utility does not satisfy a complaint filed pursuant to section 75-131 within the time allowed and there appears to be a reasonable ground for investigation of the complaint upon its merits, the commission shall convene a hearing on the matters complained of pursuant to its rules of procedure and shall give the parties written notice of the time and place for such hearing. After the hearing, the commission shall make such order with respect to the complaint as it deems just and reasonable. Such order must be consistent with the statutory authority that formed the basis for the complaint.
Source
Laws 1963, c. 425, art. I, § 32, p. 1367;
Laws 1994, LB 414, § 45;
Laws 2003, LB 790, § 71.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-132.01 - Exclusive original jurisdiction; appeal.

75-132.01.
Exclusive original jurisdiction; appeal.
(1) Notwithstanding the provisions of section 75-131, the commission shall have exclusive original jurisdiction over any action concerning a violation of any provision of (a) the Automatic Dialing-Announcing Devices Act, the Emergency Telephone Communications Systems Act, the Enhanced Wireless 911 Services Act, the Intrastate Pay-Per-Call Regulation Act, the Nebraska Telecommunications Regulation Act, the Nebraska Telecommunications Universal Service Fund Act, the Telecommunications Relay System Act, or the Telephone Consumer Slamming Prevention Act by any person providing telecommunications service for a fee in Nebraska intrastate commerce pursuant to such acts or (b) sections 86-574 to 86-578 by an agency or political subdivision of the state.
(2) If the commission enters an order declining jurisdiction under subsection (1) of this section, any interested person may petition the district court of the county in which such alleged violation has occurred. If it appears to the court, after a hearing, that a provision of such acts or sections has been violated, the court may issue an injunction or other proper process to restrain the telecommunications company and its directors, officers, employees, or agents or the agency or political subdivision of the state from continuing such violation and may order additional relief. Any party to the case shall have the right to appeal the decision of the district court to the Court of Appeals under the rules provided by law for appeals in civil cases.
Source
Laws 2000, LB 1285, § 6;
Laws 2001, LB 827, § 18;
Laws 2002, LB 1105, § 488;
Laws 2003, LB 187, § 18.
Cross References
Automatic Dialing-Announcing Devices Act, see section 86-236.
Emergency Telephone Communications Systems Act, see section 86-420.
Enhanced Wireless 911 Services Act, see section 86-442.
Intrastate Pay-Per-Call Regulation Act, see section 86-258.
Nebraska Telecommunications Regulation Act, see section 86-101.
Nebraska Telecommunications Universal Service Fund Act, see section 86-316.
Telecommunications Relay System Act, see section 86-301.
Telephone Consumer Slamming Prevention Act, see section 86-201.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-133 - Regulated parties; proceeding by commission upon own motion; hearing; order.

75-133.
Regulated parties; proceeding by commission upon own motion; hearing; order.
Whenever the commission has reason to believe that any motor carrier, regulated motor carrier, other common or contract carrier as described in section 75-109, competitive natural gas provider as defined in section 66-1848, or jurisdictional utility as defined in section 66-1802 is in neglect or violation of a statute or rule or regulation under the jurisdiction of the commission, the commission shall at once institute an investigation and fix a time and place for hearing thereon, upon its own motion, and shall make any order as it deems just and reasonable, including, but not limited to, an order revoking, suspending, or modifying the certificate of public convenience and necessity, permit, registration, license, or other authority granted by the commission or a cease and desist order.
Source
Laws 1963, c. 425, art. I, § 33, p. 1367;
Laws 1994, LB 414, § 46;
Laws 1995, LB 424, § 14;
Laws 2002, LB 1105, § 489;
Laws 2005, LB 247, § 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 › 75-134 - Commission order; requirements; when effective; rate order under State Natural Gas Regulation Act; appeal; stay enforcement.

75-134.
Commission order; requirements; when effective; rate order under State Natural Gas Regulation Act; appeal; stay enforcement.
(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission.
(2) Every order of the commission shall become effective ten days after the date of the mailing of a copy of the order to the parties of record except (a) when the commission prescribes an alternate effective date, (b) as otherwise provided in section 75-121 or 75-139, (c) for cease and desist orders issued pursuant to section 75-133 which shall become effective on the date of entry, or (d) for orders entered pursuant to section 75-319 which shall become effective on the date of entry.
(3) Except as otherwise provided in this section or for rate orders provided for in section 75-139, any appeal of a commission order shall not stay enforcement of such order unless otherwise ordered by the commission or the Court of Appeals.
(4) Notwithstanding subsection (3) of this section, any appeal of a rate order under the State Natural Gas Regulation Act entered pursuant to section 66-1838 shall stay enforcement of such order pending resolution of the appeal.
Source
Laws 1963, c. 425, art. I, § 34, p. 1367;
Laws 1967, c. 479, § 9, p. 1479;
Laws 1976, LB 426, § 1;
Laws 1991, LB 732, § 130;
Laws 1994, LB 414, § 47;
Laws 1995, LB 424, § 15;
Laws 2000, LB 1285, § 3;
Laws 2002, LB 1105, § 490;
Laws 2002, LB 1211, § 9;
Laws 2003, LB 187, § 19;
Laws 2005, LB 247, § 2;
Laws 2013, LB545, § 4.
Cross References
State Natural Gas Regulation Act, see section 66-1801.
Annotations
The "reasoning" requirement of this section is satisfied by a Public Service Commission order containing a statement of underlying facts, ultimate facts, and findings where the issues involved are issues of fact. Hugelman v. A & A Trucking, Inc., 198 Neb. 628, 254 N.W.2d 412 (1977).
The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).
An order of Railway Commission which fails to make findings of ultimate facts will be set aside on appeal. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-134.01 - Order; enjoin, when.

75-134.01.
Order; enjoin, when.
Except as otherwise provided in sections 75-132.01, 75-134, 75-144, and 75-1012 and the State Natural Gas Regulation Act, the district courts shall have jurisdiction to enjoin a commission order only when the order was not entered (1) in accordance with Chapter 75 or 86 and the commission's rules and regulations adopted and promulgated pursuant to such chapters or (2) in accordance with other statutory authority underlying the commission's order.
Source
Laws 1967, c. 479, § 6, p. 1477;
Laws 2000, LB 1285, § 2;
Laws 2002, LB 1105, § 485;
R.S.Supp.,2002, § 75-122.01;
Laws 2003, LB 187, § 20;
Laws 2003, LB 790, § 67.
Cross References
State Natural Gas Regulation Act, see section 66-1801.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-134.02 - Motion for reconsideration.

75-134.02.
Motion for reconsideration.
(1) Except with respect to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838, any party may file a motion for reconsideration with the commission within ten days after the effective date of the order as determined under section 75-134. The filing of a motion for reconsideration shall suspend the time for filing a notice of intention to appeal pending resolution of the motion, except that if the commission does not dispose of a motion for reconsideration within sixty days after the filing of the motion, the motion shall be deemed denied and the procedures for appeal in section 75-136 apply.
(2) Any party to a general rate proceeding under the State Natural Gas Regulation Act may file a motion for reconsideration within thirty days after the day an order setting natural gas rates is entered by the commission. The filing of a motion for reconsideration shall stay the order until the earlier of the date the commission enters an order resolving the motion or one hundred twenty days from the date of the order setting rates. Either party shall have thirty days after the date the commission enters an order resolving the motion or the expiration of the one-hundred-twenty-day period for considering the motion, whichever is earlier, in which to file an appeal.
Source
Laws 2013, LB545, § 7.
Cross References
State Natural Gas Regulation Act, see section 66-1801.
Annotations
The words "file" and "filing" in this section mean that a motion for reconsideration must be in the possession of the Public Service Commission within 10 days after the effective date of the order in order to suspend the time for filing a notice of intention to appeal. In re App. No. C-4973 of Skrdlant, 305 Neb. 635, 942 N.W.2d 196 (2020).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-135 - Commission order; authentication.

75-135.
Commission order; authentication.
When certified to be a true and correct copy of the original by the executive director of the commission or a commissioner, a commission order shall be admitted in evidence in all courts and tribunals of this state, without further proof, as prima facie evidence of every fact found and that such order is prima facie just and reasonable.
Source
Laws 1963, c. 425, art. I, § 35, p. 1368;
Laws 1967, c. 479, § 10, p. 1480;
Laws 1994, LB 414, § 48.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-139 - Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.

75-139.
Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.
(1) Except as otherwise provided in this section, the effective date of a rate order that is appealed shall be the first Monday following the date of the appellate court's mandate if the order is affirmed, except that (a) a shipper may make effective a rate order reducing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate appealed and the original rate to the carrier entitled thereto if the order appealed is reversed and (b) a common carrier may make effective a rate order increasing a fixed rate by filing a supersedeas bond with the commission sufficient in amount to insure refund of the difference between the rate finally approved and the rate appealed to shippers or subscribers entitled thereto if the order appealed is reversed.
(2) A supersedeas bond may be filed by any affected shipper or common carrier, including shippers or common carriers that were not parties to the rate proceeding, at any time prior to the issuance of the appellate court's mandate. Only the shipper or common carrier filing a supersedeas bond shall benefit from such filing.
(3) The commission shall approve a supersedeas bond which meets the requirements of this section within seven days after a written request therefor has been made, and failure to disapprove the bond within the time specified shall be deemed to be an approval.
(4) A carrier may put into effect rate increases granted by a commission order while appealing that portion of the commission's order denying a part of an application of the carrier.
(5) This section does not apply to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838.
Source
Laws 1963, c. 425, art. I, § 39, p. 1369;
Laws 1967, c. 479, § 14, p. 1481;
Laws 1976, LB 426, § 2;
Laws 1991, LB 732, § 135;
Laws 2013, LB545, § 6.
Cross References
State Natural Gas Regulation Act, see section 66-1801.
Annotations
The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-139.01 - Person, defined.

75-139.01.
Person, defined.
For purposes of sections 75-101 to 75-158, person shall mean any individual, corporation, governmental agency or subdivision, partnership, limited liability company, company, or association and any other legal or commercial entity, including any common or contract carrier or jurisdictional utility and its owners, directors, officers, limited liability company members, agents, and employees.
Source
Laws 1993, LB 42, § 13;
Laws 1994, LB 414, § 52;
Laws 1994, LB 884, § 87;
Laws 2000, LB 1285, § 8;
Laws 2003, LB 790, § 72.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-140 - Orders; enforcement; petition; notice.

75-140.
Orders; enforcement; petition; notice.
Whenever any person violates or disobeys an order issued by the commission which has been finally established, the commission or any person interested in such order may petition to the district court of Lancaster County alleging violation or disobedience thereof. The court may determine the matter on such notice to the person complained of as the court deems reasonable. The notice may be served on such person as the court directs.
Source
Laws 1963, c. 425, art. I, § 40, p. 1369;
Laws 1989, LB 78, § 12;
Laws 1993, LB 42, § 12;
Laws 1994, LB 414, § 53.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-141 - Order; proceeding to enforce; duty of Attorney General.

75-141.
Order; proceeding to enforce; duty of Attorney General.
Whenever any petition authorized by section 75-140 is filed or is prosecuted by the commission or by its direction, the Attorney General shall prosecute the petition at the request of the commission, and the costs and expenses on the part of the commission of any such prosecution shall be paid out of the appropriations for the expenses of the commission.
Source
Laws 1963, c. 425, art. I, § 41, p. 1370;
Laws 1993, LB 42, § 14;
Laws 1994, LB 414, § 54.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-142 - Order; enforcement; procedure.

75-142.
Order; enforcement; procedure.
The court shall proceed to determine the matter speedily as a court of equity and without the formal pleadings and proceedings applicable to ordinary suits in equity but in such manner as to do justice in the premises. To this end, the court may direct and prosecute, in such manner and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition.
Source
Laws 1963, c. 425, art. I, § 42, p. 1370;
Laws 1994, LB 414, § 55.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-143 - Order; appeal; effect; attorney's fees.

75-143.
Order; appeal; effect; attorney's fees.
The commission and any person interested in the court's decision may appeal to the Court of Appeals under the rules provided by law as to security for an appeal to the Court of Appeals, except that in no case shall security for an appeal be required when the appeal is taken by the commission. An appeal to the Court of Appeals shall not operate to stay or supersede the order of the court or the issuance of execution thereon, and the court may in every such matter order the payment of such costs and attorney's fees as it deems reasonable.
Source
Laws 1963, c. 425, art. I, § 43, p. 1370;
Laws 1991, LB 732, § 136;
Laws 1994, LB 414, § 56.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-144 - Order; violation; injunction; penalty.

75-144.
Order; violation; injunction; penalty.
(1) If it appears to the court after a hearing that an order of the commission has been violated or disobeyed, the court may issue an injunction or other proper process, mandatory or otherwise, to restrain the person from further continuing such violation or disobedience of the order and enjoining disobedience to the order.
(2) In case of any disobedience of any injunction or other proper process, mandatory or otherwise, the person to whom it was directed shall be guilty of contempt of court. The court may issue a writ of attachment or other process of the court incident or applicable to an injunction or other proper process, mandatory or otherwise, against the person to pay any sum of money, not exceeding, for each such person, the sum of one thousand dollars for every day after a day to be named in the order that the person fails to obey the injunction or other proper process, mandatory or otherwise.
(3) The money shall, when paid, be disposed of according to law. The payment of the money may, without prejudice to any other motive covering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the money had been recovered by final decree in personam in such court.
Source
Laws 1963, c. 425, art. I, § 44, p. 1370;
Laws 1993, LB 42, § 15;
Laws 1994, LB 414, § 57.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-146 - Common carrier other than a railroad; consolidation or increase in stock; jurisdiction of commission.

75-146.
Common carrier other than a railroad; consolidation or increase in stock; jurisdiction of commission.
The capital stock of any common carrier other than a railroad shall not be increased for any purpose except after public notice for sixty days. No common carrier other than a railroad shall consolidate its stock, property, franchise, or earnings, in whole or in part, with any other competing common carrier without permission of the commission, and in no case shall any consolidation take place except on public notice of at least thirty days to all stockholders as provided in the rules of the commission.
Source
Laws 1963, c. 425, art. I, § 46, p. 1371;
Laws 1994, LB 414, § 59.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-148 - Common carrier; issuance of securities; conditions.

75-148.
Common carrier; issuance of securities; conditions.
A common carrier may issue stock, bonds, notes, or other evidence of indebtedness, payable at periods of more than twelve months after the date thereof, when necessary for the acquisition of property, the construction, completion, extension, or improvement of facilities, the improvement or maintenance of its service, or the discharge or lawful refunding of its obligations if the common carrier first secures from the commission an order authorizing such issue and the amount thereof and stating that in the opinion of the commission the use of the capital to be secured by the issue of such stock, bonds, notes, or other evidence of indebtedness is reasonably required for the purposes of the carrier. A common carrier may issue notes or other evidence of indebtedness for proper corporate purposes and not in violation of any provision of law, payable in periods of not more than twelve months, without such consent if no such note is, in whole or in part, directly or indirectly, refunded by any issue of such stock or bonds, or by any evidence of indebtedness running more than twelve months, without the consent of the commission. The provisions of this section shall not apply to the security issuances of common carriers who are under the control of a federal regulatory agency.
Source
Laws 1963, c. 425, art. I, § 48, p. 1372;
Laws 1994, LB 414, § 60.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-149 - Consolidation; securities; issuance; limitation.

75-149.
Consolidation; securities; issuance; limitation.
The capital stock of a corporation formed by the merger or consolidation of two or more other corporations, shall not exceed the sum of the capital stock of the corporations so merged or consolidated at par value thereof, or such sum and any additional sum actually paid in cash; nor shall any contract, or consolidation or lease be capitalized in the stock of any corporation whatsoever; nor after October 19, 1963, shall any corporation issue any bonds against or as a lien upon any contract for consolidation or merger.
Source
Laws 1963, c. 425, art. I, § 49, p. 1373.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-150 - Securities; issuance; fees; expenses.

75-150.
Securities; issuance; fees; expenses.
No order authorizing the issuance of securities shall become operative until the applicant pays to the commission fees as follows: Upon applications totaling not more than twenty-five thousand dollars, the fee shall be twenty-five dollars; and upon applications totaling more than twenty-five thousand dollars, the fee shall be twenty-five dollars for the first twenty-five thousand dollars, one dollar per one thousand dollars for the next seventy-five thousand dollars, and twenty-five cents per one thousand dollars for all amounts in excess of one hundred thousand dollars, except that the total fee shall in no case exceed the sum of two thousand five hundred dollars. The fee shall be computed on the par value principal amount of the stock, or in the case of no par stock, on the declared or offering price, whichever is greater. The commission shall remit the fees received to the State Treasurer for credit to the General Fund. The actual and necessary expenses of the commission incurred in investigating the application to sell securities shall be paid by the applicant, who may be required by the commission to deposit in advance a sum sufficient therefor. Any balance thereof shall be returned to the applicant.
Source
Laws 1963, c. 425, art. I, § 50, p. 1373;
Laws 1969, c. 605, § 1, p. 2466;
Laws 1982, LB 928, § 57;
Laws 1994, LB 414, § 61.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-151 - Securities; violation; penalty.

75-151.
Securities; violation; penalty.
Any common carrier which violates any of the provisions of sections 75-146 to 75-150 or which fails, omits, or neglects to obey, observe, or comply with any order, direction, or requirement of the commission under the provisions of such sections shall forfeit to the State of Nebraska a sum not to exceed five thousand dollars for each and every offense. Each violation of any such order or direction or requirement of such sections shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. Each officer and agent of any common carrier who violates or procures, aids, or abets any violation by any such common carrier of any of the provisions of sections 75-146 to 75-150, who fails to obey, observe, and comply with any order of the commission or any provision of an order of the commission under the terms of such sections, or who procures, aids, or abets any such common carrier in its failure to obey, observe, and comply with any such order or provision shall be guilty of a Class III felony.
Source
Laws 1963, c. 425, art. I, § 51, p. 1373;
Laws 1977, LB 39, § 199;
Laws 1994, LB 414, § 62.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-152 - Common carriers; consignor; designation of means and routing of shipment.

75-152.
Common carriers; consignor; designation of means and routing of shipment.
When transportation is involved in connection with the sale of personal property and the price at which such personal property is sold is a delivered price at destination, the consignor may determine the means of transportation to be used and the routing of the shipment.
Source
Laws 1965, c. 444, § 1, p. 1413;
Laws 1994, LB 414, § 63.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-153 - Common carriers; consignee; designation of means and routing of shipment; exception.

75-153.
Common carriers; consignee; designation of means and routing of shipment; exception.
Where transportation is involved in the sale of personal property and the price at which such property is sold is determined f.o.b. shipping point, the consignee may determine the means of transportation to be used and the routing of the shipment, except that if the consignor has not received written shipping instructions from the consignee designating a specific carrier a reasonable time prior to the making of the shipment, the consignor may determine the means of transportation to be used and the routing of the shipment.
Source
Laws 1965, c. 444, § 2, p. 1413;
Laws 1994, LB 414, § 64.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-154 - Common carriers; consignor; violation of shipping instructions; damages.

75-154.
Common carriers; consignor; violation of shipping instructions; damages.
If, under section 75-153, a consignor of personal property violates written shipping instructions given by the consignee to the consignor a reasonable time prior to the making of the shipment, the consignor shall be liable for actual damages to the consignee or any public carrier injured by the failure of the consignor to comply with the written shipping instructions given the consignor by the consignee.
Source
Laws 1965, c. 444, § 3, p. 1413;
Laws 1994, LB 414, § 65.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-155 - Violations; general penalty.

75-155.
Violations; general penalty.
Unless a more specific criminal penalty is provided, any person who knowingly and willfully violates Chapter 75 or 86, any rule, regulation, or order of the commission, or any term or condition of any permit or certificate issued by the commission is guilty of a Class IV misdemeanor. Each day of such violation constitutes a separate offense.
Source
Laws 1965, c. 446, § 2, p. 1416;
Laws 1977, LB 39, § 200;
Laws 1989, LB 78, § 13;
Laws 1994, LB 414, § 66;
Laws 2002, LB 1105, § 492.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-157 - Hearing; order; requirements.

75-157.
Hearing; order; requirements.
Any hearing held pursuant to section 75-156 shall be held pursuant to rules and regulations adopted and promulgated by the Public Service Commission. Every decision and order rendered by the commission after the hearing is held shall be in writing and accompanied by findings of facts and conclusions of law. The decision or order shall be sent to the parties by certified or registered mail.
Source
Laws 1995, LB 424, § 19.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-158 - Unpaid civil penalty; how treated.

75-158.
Unpaid civil penalty; how treated.
A civil penalty assessed pursuant to section 75-156 and unpaid shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of Lancaster County. Any civil penalty collected shall be transmitted within thirty days from receipt to the State Treasurer for credit to the permanent school fund.
Source
Laws 1995, LB 424, § 20.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-159 - Public Service Commission Housing and Recreational Vehicle Cash Fund; created; use; investment.

75-159.
Public Service Commission Housing and Recreational Vehicle Cash Fund; created; use; investment.
(1) The Public Service Commission Housing and Recreational Vehicle Cash Fund is created. The fund shall consist of fees collected under the Nebraska Uniform Standards for Modular Housing Units Act and fees collected pursuant to the Uniform Standard Code for Manufactured Homes and Recreational Vehicles.
(2) Money credited to the fund shall be used by the Public Service Commission for the purposes of administering the Nebraska Uniform Standards for Modular Housing Units Act and the Uniform Standard Code for Manufactured Homes and Recreational Vehicles.
(3) Transfers from the fund to the General Fund may be made at the direction of the Legislature. Any money in the Public Service Commission Housing and Recreational Vehicle Cash 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.
(4) On July 1, 2010, the State Treasurer shall transfer any money in the Modular Housing Units Cash Fund and any money in the Manufactured Homes and Recreational Vehicles Cash Fund to the Public Service Commission Housing and Recreational Vehicle Cash Fund.
Source
Laws 2010, LB849, § 36.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Nebraska Uniform Standards for Modular Housing Units Act, see section 71-1555.
Uniform Standard Code for Manufactured Homes and Recreational Vehicles, see section 71-4601.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-160 - Wireless telecommunications service; registry for complaints regarding lack of appropriate coverage; use.

75-160.
Wireless telecommunications service; registry for complaints regarding lack of appropriate coverage; use.
(1) The Public Service Commission shall establish and maintain a registry of locations within the State of Nebraska for complaints made to the commission regarding the lack of appropriate coverage for wireless telecommunications service.
(2) The commission may utilize the information maintained in the registry only for making any determination related to the granting of funds through any program administered by the commission to support the construction of wireless telecommunications service facilities.
(3) For purposes of this section, lack of appropriate coverage means a geographic area where a wireless device is not able to receive a signal from the wireless service provider's network whereby an individual is unable to use a wireless device.
(4) The commission shall adopt and promulgate any rules and regulations required to carry out this section.
Source
Laws 2018, LB994, § 5.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-161 - Special party buses; buses providing charter services; distinguishing signs or other indicia.

75-161.
Special party buses; buses providing charter services; distinguishing signs or other indicia.
The Public Service Commission shall, in consultation with the Nebraska Liquor Control Commission, adopt and promulgate rules and regulations for signs or other indicia distinguishing between buses providing special party services and buses providing charter services.
Source
Laws 2020, LB734, § 11.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-201 - Air carrier; exempt from commission regulation.

75-201.
Air carrier; exempt from commission regulation.
Any person who transports passengers or property for the public in intrastate commerce by any airborne vehicle shall not be a common carrier subject to commission regulation.
Source
Laws 1963, c. 425, art. II, § 1, p. 1374;
Laws 1993, LB 121, § 463;
Laws 1994, LB 414, § 67.
Annotations
Intrastate air carrier regulations are preempted by federal regulations. Pioneer Airways, Inc. v. City of Kearney, 199 Neb. 12, 256 N.W.2d 324 (1977).
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-303.01 - Nonemergency medical transportation for medicaid clients; contracts authorized.

75-303.01.
Nonemergency medical transportation for medicaid clients; contracts authorized.
(1) The Department of Health and Human Services, a medicaid-managed care organization under contract with the department, or another agent working on the department's behalf may contract for nonemergency medical transportation for medicaid clients with a regulated motor carrier holding a designation of authority issued pursuant to subsection (3) of section 75-311 to provide medicaid nonemergency medical transportation services or that has been authorized to provide such services by the commission prior to April 28, 2017.
(2) While operating under a designation of authority issued pursuant to subsection (3) of section 75-311, a regulated motor carrier shall comply with (a) the requirements of the Department of Health and Human Services to protect the safety and well-being of department clients, including training, driver standards, background checks, and the provision and quality of service and (b) the rules and regulations adopted, promulgated, and enforced by the commission governing insurance requirements, equipment standards, and background checks.
Source
Laws 1993, LB 412, § 4;
Laws 1995, LB 424, § 24;
Laws 1996, LB 1044, § 791;
Laws 1999, LB 594, § 68;
Laws 2007, LB296, § 697;
Laws 2017, LB263, § 82.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-303.02 - Contracts for transportation; requirements.

75-303.02.
Contracts for transportation; requirements.
(1) The Department of Health and Human Services or any agency organized under the Nebraska Community Aging Services Act may contract for the transportation of clients with a contractor which does not hold a certificate or which is not otherwise exempt under section 75-303 only if:
(a) The proposed contractor is the individual who will personally drive the vehicle in question;
(b) The only compensation to the contractor for the transportation is paid by the department at a rate no greater than that provided for reimbursement of state employees pursuant to section 81-1176 for the costs incurred in the transportation; and
(c)(i) There is no regulated motor carrier serving the area in which the client needs transportation, (ii) the regulated motor carrier serving the area is incapable of providing the specific service in question by its own written statement or as determined by the commission upon application of the regulated motor carrier or the department, or (iii) the regulated carrier cannot or will not provide such service at the rate specified in subsection (2) of section 75-303.03.
(2) This section does not apply to a regulated motor carrier holding a designation of authority issued pursuant to subsection (3) of section 75-311.
Source
Laws 1993, LB 412, § 5;
Laws 1995, LB 424, § 25;
Laws 1996, LB 1044, § 792;
Laws 1999, LB 594, § 69;
Laws 2007, LB296, § 698;
Laws 2017, LB263, § 83.
Cross References
Nebraska Community Aging Services Act, see section 81-2201.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-303.03 - Reimbursement for transportation costs; conditions; exemption from commission regulation or commission rate regulation.

75-303.03.
Reimbursement for transportation costs; conditions; exemption from commission regulation or commission rate regulation.
(1) The commission, in consultation with the Department of Health and Human Services, shall adopt and promulgate rules and regulations governing minimum liability insurance requirements, equipment standards, driver qualification requirements, and the issuance and filing of notice for any contractor utilized by the department or any agency organized under the Nebraska Community Aging Services Act pursuant to section 75-303.02.
(2) The Department of Health and Human Services or any agency organized under the Nebraska Community Aging Services Act shall reimburse common and contract carriers for transportation of passengers at a rate not to exceed the rate of reimbursement pursuant to section 81-1176 multiplied by three. The maximum reimbursement rate provided for in this subsection shall not apply when the carrier (a) transports such person wholly within the corporate limits of the city or village where the transportation of the person originated, (b) transports a disabled person as defined by the federal Americans with Disabilities Act of 1990 in a vehicle that is compliant with the regulations providing for the transportation of such disabled person, or (c) provides nonemergency medical transportation of medicaid clients pursuant to subsection (3) of section 75-311.
(3) Rates for nonemergency medical transportation service providers with a designation of authority issued pursuant to subsection (3) of section 75-311 are not subject to commission regulation, and regulated motor carriers with such a designation reimbursed under this section are not subject to commission rate regulation for such reimbursement rates.
(4)(a) The Department of Health and Human Services may reimburse an individual for the costs incurred by such individual in the transportation of a person eligible to receive transportation services through the department if:
(i) The individual is under contract with the department and provides transportation to the eligible person; and
(ii) The eligible person has chosen the individual to provide the transportation.
(b) The department shall reimburse for the costs incurred in the transportation at a rate no greater than that provided for reimbursement of state employees pursuant to section 81-1176.
(c) Transportation provided to an eligible person by an individual pursuant to this section does not constitute transportation for hire.
(d) The department may adopt and promulgate rules and regulations to implement this subsection.
Source
Laws 2006, LB 1069, § 2;
Laws 2007, LB296, § 699;
Laws 2017, LB263, § 84.
Cross References
Nebraska Community Aging Services Act, see section 81-2201.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-304 - Classification of carriers; rules and regulations; contract carriers; insurance; applicability of rules and regulations.

75-304.
Classification of carriers; rules and regulations; contract carriers; insurance; applicability of rules and regulations.
(1) The commission may establish such just and reasonable classifications of groups of carriers, included in the terms common carrier and contract carrier, as the special nature of the services performed by such carriers require and adopt and promulgate such just and reasonable rules, regulations, and requirements, to be observed by the carrier so classified or grouped, as the commission deems necessary or desirable in the public interest and as are consistent with the provisions of sections 75-301 to 75-322. All certificates and permits issued by the commission shall be construed and interpreted, and the operations authorized thereunder shall be tested and determined, in accordance with such classification so established and any rule, regulation, or requirement prescribed by the commission relating to such carrier so classified.
(2) Contract carriers shall obtain and maintain uninsured and underinsured insurance coverage for each passenger in each motor vehicle in minimum amounts to be established by the commission.
(3) The commission shall adopt and promulgate rules and regulations to carry out sections 75-323 to 75-343. The rules and regulations found in chapter 3 of title 291 of the Nebraska Administrative Code shall not apply to transportation network companies. If there is any conflict between sections 75-301 to 75-322 and sections 75-323 to 75-343 regarding the regulation of transportation network companies, the provisions of sections 75-323 to 75-343 shall apply.
Source
Laws 1963, c. 425, art. III, § 4, p. 1378;
Laws 1969, c. 606, § 3, p. 2469;
Laws 1989, LB 78, § 20;
Laws 1993, LB 412, § 6;
Laws 1994, LB 414, § 68;
Laws 1995, LB 424, § 26;
Laws 2015, LB629, § 24.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-304.01 - Rates, fares, and charges; commission prescribe; when.

75-304.01.
Rates, fares, and charges; commission prescribe; when.
The commission shall prescribe minimum rates, fares, and charges for contract carriers. No reduction shall be made in any such charge, either directly or by means of any change in any rule, regulation, or practice affecting such charge or the value of service thereunder, except after ten days' notice of the proposed change filed in the form and manner provided for common carrier rate changes. The notice shall plainly state the change proposed and the time when the change will take effect. No contract carrier shall demand, charge, or collect less compensation for such transportation than the charges to be made by common carriers for the same transportation in accordance with sections 75-118 to 75-155 and 75-301 to 75-322, as affected by any rule, regulation, or practice so filed or as prescribed by the commission. It is unlawful for any such carrier to charge less than the rates, fares, and charges approved by the commission.
Source
Laws 1972, LB 1370, § 3;
Laws 1974, LB 438, § 1;
Laws 1994, LB 414, § 69;
Laws 1995, LB 424, § 27.
2023 Nebraska Revised Statutes › Chapter 75 - Public Service Commission › 75-304.03 - Mover of household goods; license; application; fee; issuance; conditions; renewal; fee; failure to comply; effect; commission; authority.

75-304.03.
Mover of household goods; license; application; fee; issuance; conditions; renewal; fee; failure to comply; effect; commission; authority.
(1) Beginning July 1, 2021, any mover of household goods operating in this state and engaged in the intrastate transportation for hire of household goods shall apply to the commission for a license prior to transporting household goods in intrastate commerce. A license shall be issued by the commission to any qualified applicant upon payment of a license fee of two hundred fifty dollars and receipt of a completed application in which the principal place of business of the applicant in the State of Nebraska is identified and the applicant agrees and affirms to perform the service in conformance with applicable sections 75-301 to 75-322 and the rules and regulations of the commission adopted and promulgated under such sections. Otherwise the application shall be denied. Applications for initial and renewal licenses shall be on forms prescribed by the commission. A license issued under this section shall be valid for one year and may be renewed annually for a fee of two hundred fifty dollars. A license may be suspended or revoked by the commission after notice and hearing for failure to comply with applicable sections 75-101 to 75-801, any rule or regulation adopted and promulgated under such sections, or any lawful order of the commission.
(2) Any person who applies for a license pursuant to this section shall comply with the requirements of section 75-307. The commission shall have no authority to regulate the rates of any motor carrier who is issued a license under this section.
Source
Laws 2020, LB461, § 8.