reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - BRAND COMMITTEE › Title 54 - NEBRASKA BRAND COMMITTEE RULES AND REGULATIONS › Chapter 10 - Proof of Ownership Documents › Section 54-10-3 - Best Evidence

Current through June 17, 2024
In determining satisfactory evidence of proof of ownership
				  the following will be given priority in descending order:
i. Certificate of Inspection
ii. Brand Clearance
iii. Bill of Sale
iv. Certified copies of Certificates of
				Inspections, Brand Clearances, bills of sale from the issuing brand inspection
				agency.
v. Animal Health or
				Testing Certificate
vi. Purchase
				Sheets
vii. Disclaimer of Interest
viii. Affidavit (Livestock
				Shippers Affidavit Agreement)
ix.
				Other documentary evidence such as breed registration certificates, recorded
				brand certificates, scale tickets, court orders, security agreements, powers of
				attorney, canceled checks, bills of lading, or tags; and such other facts,
				statement, or circumstances that taken in whole or in part cause an inspector
				to believe that proof of ownership is established.
Nebraska Administrative Code › Topic - BRAND COMMITTEE › Title 54 - NEBRASKA BRAND COMMITTEE RULES AND REGULATIONS › Chapter 11 - Rules and Regulations For Surcharge › Section 54-11-1 - Statement of Purpose

Current through June 17, 2024
The purpose of this rule and regulation is to implement a
				  surcharge per Legislative Bill 181, not to exceed $ 20.00 to cover travel
				  expenses incurred by brand inspectors per inspection location when performing
				  brand inspections as requested or required by the Livestock Brand Act.
Nebraska Administrative Code › Topic - BRAND COMMITTEE › Title 54 - NEBRASKA BRAND COMMITTEE RULES AND REGULATIONS › Chapter 11 - Rules and Regulations For Surcharge › Section 54-11-2 - Definitions

Current through June 17, 2024
(2.1) "
Local Country
				Inspections
" shall mean those brand inspections that are performed
				in the country authorizing the movement of livestock, the slaughter of
				livestock, or the change of ownership of livestock at ranches, farms, and/or
				feedlots, including those inspections involving farm auctions and
				purebred/registered cattle sales.
Nebraska Administrative Code › Topic - BRAND COMMITTEE › Title 54 - NEBRASKA BRAND COMMITTEE RULES AND REGULATIONS › Chapter 11 - Rules and Regulations For Surcharge › Section 54-11-3 - Requirements

Current through June 17, 2024
A surcharge of $ 10.00 per stop shall be assessed on all
				  local country inspections except when there is no travel cost incurred by the
				  brand inspector. The surcharge shall be collected by the brand inspector and
				  paid by the person requesting the inspection or the person required by law to
				  have the inspection.
Nebraska Administrative Code › Topic - BRAND COMMITTEE › Title 54 - NEBRASKA BRAND COMMITTEE RULES AND REGULATIONS › Chapter 12 - Rules and Regulations For Out-of-State Branding Permit › Section 54-12-1 - Statement of Purpose

Current through June 17, 2024
The purpose of this rule and regulation is to implement the
				  Out-of-State Branding Permit per Legislative Bill 435, not to exceed $ 50.00
				  which authorizes a one-time use of a brand registered with a state other than
				  Nebraska to brand cattle imminently being exported out of Nebraska.
Nebraska Administrative Code › Topic - BRAND COMMITTEE › Title 54 - NEBRASKA BRAND COMMITTEE RULES AND REGULATIONS › Chapter 12 - Rules and Regulations For Out-of-State Branding Permit › Section 54-12-2 - Definitions

Current through June 17, 2024
(2a) "
Imminently:
"
				shall mean (30) thirty days or less from the date of branding.
Nebraska Administrative Code › Topic - BRAND COMMITTEE › Title 54 - NEBRASKA BRAND COMMITTEE RULES AND REGULATIONS › Chapter 12 - Rules and Regulations For Out-of-State Branding Permit › Section 54-12-3 - Requirements

Current through June 17, 2024
(3.a)
Application
:
				Applicant must complete in its entirety an application form as furnished by the
				Nebraska Brand Committee and submit it to a brand inspector for
				approval/disapproval.
(3.b)
Fee
: The application shall be accompanied by a payment
				of $ 25.00 per permit.
(3.c)
Confinement
: Cattle governed under this permit must
				remain in a confined facility, i.e. feedlot, ranch/farm corrals, auction market
				yards, veterinary clinic, etc. until exported out of the state of
				Nebraska.
Nebraska Administrative Code › Topic - CAPITOL COMMISSION › Title 6 - OFFICE OF THE CAPITOL COMMISSION › Chapter 1 - RULES AND REGULATIONS GOVERNING USE OF THE STATE CAPITOL LINCOLN, NEBRASKA › Section 6-1-001 - Scope and Application

Current through June 17, 2024
001.01 These Rules
				and Regulations govern the use of public spaces of the State Capitol and
				Grounds under the rulemaking authority of Neb. Rev. Stat. §§
									72-2201
				through
				72-2214.
				Subsequent to the advice of the Nebraska Capitol Commission, the following
				Rules and Regulations are prescribed by the Office of the Capitol Commission
				and are effective until amended or revoked.
001.02 The Administrator of the Office of the
				Capitol Commission, acting through Capitol Security Personnel, and other law
				enforcement agency personnel, will enforce all Rules and Regulations described
				in this Chapter.
Nebraska Administrative Code › Topic - CAPITOL COMMISSION › Title 6 - OFFICE OF THE CAPITOL COMMISSION › Chapter 1 - RULES AND REGULATIONS GOVERNING USE OF THE STATE CAPITOL LINCOLN, NEBRASKA › Section 6-1-002 - Definitions

Current through June 17, 2024
002.01 PUBLIC SPACE
				includes areas of the Capitol Property generally open to the public. Public
				spaces includes, but is not limited to, restrooms, corridors, stairways, tower
				elevators, the Statehouse Cafeteria, first and second floor Rotundas,
				Vestibule, Foyer, Fourteenth Floor Memorial Hall, exterior promenade deck, all
				entrances and plazas and the Capitol Grounds and Courtyards.
002.02 CAPITOL PROPERTY includes all property
				within the street curb circumscribing the State Capitol.
002.03 An EVENT is any sponsored activity
				receiving prior approval through the Facility Use Permit process or as
				otherwise stated in section 004.
Nebraska Administrative Code › Topic - CAPITOL COMMISSION › Title 6 - OFFICE OF THE CAPITOL COMMISSION › Chapter 1 - RULES AND REGULATIONS GOVERNING USE OF THE STATE CAPITOL LINCOLN, NEBRASKA › Section 6-1-003 - General Use Provisions

Current through June 17, 2024
003.01 The Office of
				the Capitol Commission shall be notified of all events and activities (other
				than regularly scheduled tours) that are to take place in the State Capitol
				during non-business hours, i.e. public hearings, legislative committee
				hearings, court sessions, and all other general or special meetings or events
				likely to attract visitors other than employees of agencies housed in the
				Capitol. No unauthorized activity shall take place in the State Capitol or on
				the Capitol Grounds.
003.02 All
				requests for events in public spaces of the State Capitol shall be made in
				writing to the Capitol Administrator at least ten (10) working days in advance
				of the proposed function. Requests shall be made using a Facility Use Permit
				request form as prescribed by the Office of the Capitol Commission. Requests
				shall be specific as to the type of function, approximate number of people to
				be involved, area of the building to be used, responsible party involved, time,
				date, duration and any other specific information relative to the
				request.
003.03 All events and
				activities held in interior public spaces shall be held during public building
				hours and shall require prior approval.
003.04 The Office of the Capitol Commission
				will respond to each Facility Use Permit request in writing indicating approval
				or denial and the terms of approval or the reason(s) for denial.
003.05 An approved Facility Use Permit
				requires the sponsoring organization and its representatives to be responsible
				for the actions of all parties participating in or attending the event for
				which approval is granted. Approval terms shall confine the event or activity
				to the area for which approval was granted. In addition, the sponsoring
				organization agrees to take no action that would in any way result in possible
				damage to the State Capitol or Grounds.
003.06 The Office of the Capitol Commission,
				subject to policies recommended by the Nebraska Capitol Commission, shall be
				the final authority on any requested activity or event which involves use of
				Capitol spaces as defined in Section 002 of these Rules and
				Regulations.
Nebraska Administrative Code › Topic - CAPITOL COMMISSION › Title 6 - OFFICE OF THE CAPITOL COMMISSION › Chapter 1 - RULES AND REGULATIONS GOVERNING USE OF THE STATE CAPITOL LINCOLN, NEBRASKA › Section 6-1-005 - General Capitol Provisions

Current through June 17, 2024
005.01 The Office of
				the Capitol Commission reserves the right to close and/or restrict entry or use
				of any portion of the State Capitol or Grounds.
005.02 All freight or parcels not capable of
				being hand carried into the State Capitol shall be delivered via the south dock
				in accordance with procedures for the handling of freight. All freight
				deliveries shall be made during business hours.
005.03 All persons entering and exiting the
				State Capitol during non-public hours may be required to sign the building
				register in the security office. Capitol Security may waive this requirement as
				appropriate.
005.04 Alcoholic
				beverages on Capitol Property is prohibited, unless authorized as provided in
				Neb. Rev. Stat. 53-186. Sponsors and/or caterers of approved events involving
				alcohol shall comply with any and all local and state laws governing alcoholic
				beverages.
005.05 Except those
				required by individuals with disabilities, all wheeled recreation or
				transportation devices (including, but not limited to, bicycles, skateboards,
				and roller-skates) are prohibited on all Capitol Property. Bicycles inside the
				Capitol are prohibited.
005.06 Pets
				or other animals, except service animals used to aid disabled individuals,
				police animals or emergency service animals, are prohibited in the State
				Capitol.
005.07 The United States
				and Nebraska State flags and other flags approved by the Office of the Capitol
				Commission shall be displayed in accordance with the Flag Code adopted by the
				United States Congress, is incorporated herein by this reference (attachment
				B).
005.08 Defacing or damaging any
				area of the State Capitol or Grounds is prohibited, as set out in Neb. Rev.
				Stat. '' 72-2205 and 28-519.
005.09
				No individual shall interfere with another person's lawful use or enjoyment of
				any area of the Capitol Property.
005.10 Signs/Decorations - No permanent signs
				or decorations are to be applied, hung or affixed to ceilings, walls, floors or
				other surfaces in public spaces. Questions or requests for assistance regarding
				temporary signs and/or decorations should be submitted to the Office of the
				Capitol Commission.
005.11 Open
				Flames - Open flames, candles and all other burning devices are prohibited in
				the State Capitol and on Capitol Property.
005.12 Removal of items from trash
				receptacles, construction or renovation areas, the Capitol dock or any other
				areas of Capitol Property, without prior written approval from the Office of
				the Capitol Commission is prohibited.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 1 - SCOPE OF SERVICES FOR THE BLIND AND COST CONTAINMENT › Section 192-1-002 - Definitions

Current through June 17, 2024
002.01.
APPLICANT
shall mean an individual who has completed, signed, and submitted an
				application form to participate in services offered by NCBVI, , completed a
				common intake application form in a one-stop center requesting vocational
				rehabilitation services, or has otherwise requested services from NCBVI.
				Applications via email, telephone, letter, or other formats providing the
				required information are accepted. If appropriate, the applicant may have a
				parent, family member, guardian, advocate, or other authorized representative
				sign the application.
002.02.
BLIND PERSON
shall mean-
002.02A. A person having sight that is so
				defective as to seriously limit his or her ability to engage in the ordinary
				vocations and activities of life (
Nebraska Revised
				Statute
71-8603),
				or
002.02B. A person, to be
				eligible and licensed as a blind vending facility operator (Nebraska Revised
				Statutes, Section
				71-8611
				);
002.02B1. Having no greater than 20/200
				central visual acuity in the better eye after correction, or
002.02B2. Having an equally disabling loss of
				the visual field in which the widest diameter subtends an angle no greater than
				20 degrees.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 1 - SCOPE OF SERVICES FOR THE BLIND AND COST CONTAINMENT › Section 192-1-003 - Scope Of Services

Current through June 17, 2024
003.01.
PROGRAM PURPOSE.
NCBVI operates statewide programs
				that provide;
003.01A.
VOCATIONAL
				REHABILITATION
services which are-
003.01A1. An integral part of a statewide
				workforce development system; and
003.01A2. Designed to assess, plan, develop,
				and provide high-quality employment outcomes for individuals with disabilities,
				consistent with their unique strengths, resources, priorities, concerns,
				abilities, capabilities, interests, and informed choice enabling them to
				prepare for and engage in competitive integrated employment and achieve
				economic self-sufficiency (
				34
				CFR 367.1 ); and:
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 1 - SCOPE OF SERVICES FOR THE BLIND AND COST CONTAINMENT › Section 192-1-004 - Comparable Services and Benefits

Current through June 17, 2024
004.01.
NCBVI
services and funds may supplement, but not
				supplant, those services and benefits available to a recipient and his or her
				family from any outside agency or entity. If comparable services and benefits
				are currently available and ready for immediate use, they must be used to meet,
				in whole or part, the cost of NCBVI services (
				34 CFR
				361.53 [c]).
004.02. If any public entity other than NCBVI
				is obligated under Federal or State law, or assigned responsibility under State
				policy, to provide or pay for any services that are also considered to be
				vocational rehabilitation services, then NCBVI funds cannot be used to provide
				or pay for such services. If NCBVI provides or pays for services that a
				responsible public entity fails to provide or pay for, NCBVI may claim
				reimbursement for the services from the public entity that failed to provide or
				pay for the services (
				34 CFR
				361.53 [e]).
004.03. Applicants for and recipients of
				NCBVI must apply for and accept any existing comparable service or benefit.
				NCBVI funds cannot be used to replace comparable services and benefits a
				recipient is eligible for, but refuses to apply for or accept.
004.04. The requirement to determine the
				availability of comparable services and benefits does not apply if this would
				interrupt or delay (
				34 CFR
				361.53 [a]):
004.04A. The provision of NCBVI services to
				any recipient who is at "extreme medical risk." Extreme medical risk is a
				probability of substantially increasing functional impairment or death if
				medical services are not provided expeditiously. The determination of extreme
				medical risk is based upon medical evidence provided by an appropriate licensed
				medical professional;
004.04B. An
				immediate job placement; or,
004.04C. The progress of recipient toward
				achieving the employment outcome on the recipient's approved individualized
				plan for employment or independent living.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 1 - SCOPE OF SERVICES FOR THE BLIND AND COST CONTAINMENT › Section 192-1-005 - Procurement Of Goods and Services

Current through June 17, 2024
005.01.
SELECTION CRITERIA.
Facilities, programs, and
				providers, whether public or private, are selected on the basis of:
005.01A. The ability to render the specific
				service or product required for the lowest cost;
005.01B. The qualifications of a professional
				and technical provider;
005.01C.
				The availability of adequate facilities, equipment, and services to meet the
				recipient's needs;
005.01D. Their
				past performance in achieving results or employment outcomes and the quality of
				results or employment outcomes achieved; and,
005.01E. The informed choice of the
				recipient.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 1 - SCOPE OF SERVICES FOR THE BLIND AND COST CONTAINMENT › Section 192-1-006 - Maintenance

Current through June 17, 2024
006.01. Maintenance is a limited tool for
				program use when the circumstances of participating in a vocational
				rehabilitation or independent living service cause additional costs to the
				recipient for food, shelter, clothing, or other subsistence items.
006.02. Maintenance may be provided when
				participation in an assessment of eligibility and rehabilitation needs or while
				receiving a planned program service results in a cost to the recipient for
				food, clothing, shelter, or other subsistence items that exceeds his or her
				current subsistence expenses, including the costs of uniforms or other suitable
				clothing required for a recipient's training, job seeking, or job placement
				activities. Maintenance must be tied to other services being provided, and is
				intended to cover only the added costs of participating in rehabilitation, not
				everyday living expenses. Maintenance is a payment for additional living
				expenses a recipient incurs while participating in programs or services
				coordinated by NCBVI.
006.03.
				Maintenance may be provided for room and board expenses while in training
				(including dormitory fees), and for subsistence expenses incurred during
				relocation, including required initial one-time costs, such as a security
				deposit or utility initiation charges.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 1 - SCOPE OF SERVICES FOR THE BLIND AND COST CONTAINMENT › Section 192-1-008 - Self Employment And Establishing a Small Business Operation

Current through June 17, 2024
008.01.
PURPOSE.
An
				individualized plan for employment with a goal of self-employment, jointly
				developed by the recipient and his or her counselor, can result in a successful
				employment outcome.
008.02.
ASSESSMENT.
Assessment of the individual's potential
				to succeed in self-employment. This assessment identifies the recipient's
				strong and weak characteristics and necessary disability-related
				accommodations, and highlights training or education that might need to be
				pursued.
008.03.
BUSINESS PLAN.
The recipient must present a
				comprehensive business plan. The plan must include a full description of
				enterprise objectives, client qualifications for the work, other participants
				in the enterprise, a full financial plan including investment necessary to
				bring the business to opening day and who will pay for those investments, a
				full cash flow forecast for the first 2 years and a justification as to why
				NCBVl should support the enterprise.
008.04.
SERVICES AND FINANCIAL
				ASSISTANCE PROVIDED.
Training, personal assistance, and technology
				services are available to recipients with the goal of Self Employment. Services
				that may be provided when necessary to achieve an employment outcome of
				self-employment or establishing a small business operation are defined in
				policy, federal regulation, and in specified cases under the Randolph-Sheppard
				Act and its policy and regulations.
008.05.
EXCEPTIONS
to the limitation on the amount of financial assistance for the establishment
				and operation of a new business enterprise in accordance with NCBVl policy and
				federal and state regulations may be granted by the Executive Director or
				Deputy Director.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 1 - SCOPE OF SERVICES FOR THE BLIND AND COST CONTAINMENT › Section 192-1-009 - Order Of Selection

Current through June 17, 2024
009.01.
PURPOSE.
An Order of Selection gives priority to
				persons with significant disabilities when there are insufficient resources to
				provide vocational rehabilitation services to all eligible individuals who
				apply for services, statewide. After eligibility has been determined, each
				eligible individual is assigned to a category group that is ranked in priority
				order. Order of Selection is only to be implemented if NCBVl has insufficient
				resources 361.36[c]). The procedures identified below will apply only if a lack
				of fiscal and personnel resources result in implementation of Order of
				Selection.
009.02.
ELIGIBILITY.
NCBVl will set aside sufficient funds to
				determine eligibility. Applications for services will be accepted without
				restriction. All individuals with disabilities including eligible individuals
				who do not meet NCBVl criteria for receiving services under Order of Selection,
				will be provided with information and referral to assist them in preparing for,
				securing, retaining, or regaining employment.
009.03.
REFERRALS.
will be made to other appropriate Federal and State programs, including other
				components of the statewide workforce development system, that are best suited
				to address the specific employment needs of the individual, These referrals
				will include:
009.03A. A notice from the
				Commission to the agency carrying out the program;
009.03B. Information to identify the specific
				person to be contacted at the agency carrying out the program;
009.03C. Information and advice regarding the
				most suitable services that will help the individual prepare for, secure,
				retain, or regain employment.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 1 - SCOPE OF SERVICES FOR THE BLIND AND COST CONTAINMENT › Section 192-1-012 - Services To Groups

Current through June 17, 2024
012.01.
SERVICES TO GROUPS
are services for the benefit of
				groups of individuals with disabilities (
				34
				CFR 361.49 ). NCBVl funds may be used for
				services to groups as follows:
012.01A.
				Special services to provide non-visual access to information for individuals
				who are blind; including a statewide digital voice delivery system and the use
				of telecommunications, Braille, sound recordings, electronic accessibility via
				the internet, and other appropriate media;
012.01B. Technical assistance and support
				services to businesses and other components of the statewide workforce
				development system, which are best suited to address the specific employment
				needs of individuals who are blind or visually impaired;
012.01C. Services, goods, and other costs
				allowed pursuant to Section
				71-8611,
				in the case of small business enterprises established under the
				Randolph-Sheppard Act, as amended (
				20 U.S.C.
				107 et. Seq. [Title 192, Chapter 3 Blind
				Vendor Program]);
012.01D. Other
				goods and services that contribute substantially to the rehabilitation of a
				group of individuals but that are not related directly to the individualized
				plan for employment of any single individual; such as workshops on diabetes,
				technology, etc. or the purchase of equipment or instructional materials to
				benefit a group of applicants or eligible individuals;
012.01E. Technical assistance services to
				educational agencies in planning for and facilitating the transition of
				students who are blind and visually impaired from school to post-school life,
				including employment.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-002 - Prohibitions Against Ex Parte Communications

Current through June 17, 2024
002.01.
PROHIBITIONS; WHEN APPLICABLE.
The prohibitions found
				in this section shall apply beginning at the time notice for hearing is
				given.
002.02.
PROHIBITIONS: TO WHOM APPLICABLE.
002.02A.
PARTIES AND
				PUBLIC.
No party in a contested case or other person outside NCBVI
				having an interest in the contested case shall make or knowingly cause to be
				made an ex parte communication to the hearing officer.
002.02B.
PERSONS IN DECISION
				MAKING ROLES.
No hearing officer shall make or knowingly cause to
				be made an ex parte communication to any party in a contested case or other
				person outside NCBVI having an interest in the contested case.
002.02C.
INVESTIGATORS.
The Director or employees engaged in
				the investigation or enforcement of a contested case shall not make or
				knowingly cause to be made an ex parte communication to a hearing
				officer.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-003 - Intervention in A Contested Case

Current through June 17, 2024
003.01.
				INTERVENTION in a contested case shall be allowed when the following
				requirements are met:
003.01A. A petition for
				intervention must be submitted in writing to the hearing officer or designee at
				least five days before the hearing. Copies must be mailed by the petitioner for
				intervention to all parties named in the hearing officer's notice of the
				hearing;
003.01B. The petition must
				state facts demonstrating that the petitioner's legal rights, duties,
				privileges, immunities, or other legal interests may be substantially affected
				by the proceeding or that the petitioner qualifies as an intervenor under any
				provision of law; and
003.01C. The
				hearing officer or designee must determine that the interests of justice and
				the orderly and prompt conduct of the proceedings will not be impaired by
				allowing the intervention.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-004 - Commencement of A Contested Case

Current through June 17, 2024
004.01. When a
				blind individual, who is an applicant for, or recipient of, NCBVl services, is
				dissatisfied with a written determination made by NCBVl personnel, he or she
				may obtain a review of the determination by filing a petition within thirty
				(30) calendar days from the date he or she received the written determination.
				NCBVl will have made every effort to provide written determination in the
				individual's preferred format.
004.02. The contested case begins with the
				filing of a petition and request for hearing with the Director at his or her
				official office, at the Nebraska Commission for the Blind and Visually
				Impaired, 4600 Valley Road, Suite 100, Lincoln, Nebraska 68510. Filing shall be
				accomplished in writing and will be received during regular office hours of the
				Commission, which are 8:00 a.m. to 5:00 p.m., Central Time, Monday through
				Friday, except state holidays. The petition is the initial document filed with
				the Director that sets forth a claim and request for action by NCBVl.
004.02A. NCBVl has established procedures
				consistent with the requirements of Section 102©) of the Act for the option of
				formal mediation prior to review through an impartial due process hearing.
				Mediation is voluntary and is available whenever an impartial hearing is
				requested.
004.02B. Details of the
				procedures for formal mediation of a vocational rehabilitation determination
				are provided in Appendix B.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-005 - Hearing Officer: Criteria

Current through June 17, 2024
005.01. The
				Director shall appoint a hearing officer selected pursuant to 006 to conduct a
				prehearing conference and/or a hearing and submit a decision to the Director
				and the parties.
005.02. A person
				who has served as investigator, prosecutor, mediator or advocate in a contested
				case or in its prehearing stage may not serve as hearing officer or assist or
				advise a hearing officer in the same proceeding.
005.03. A person who is subject to the
				authority, direction, or discretion of one who has served as investigator,
				prosecutor, or advocate in a contested case or in its prehearing stage may not
				serve as hearing officer or advise a hearing officer in the same
				proceeding.
005.04. A person who is
				an employee of a public agency (other than an administrative law judge, hearing
				examiner, or employee of an institution of higher education) may not serve as a
				hearing officer.
005.04A. A person shall not
				be considered to be an employee of a public agency solely because the person is
				paid by NCBVI to serve as a hearing officer.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-006 - Selection Of Hearing Officer

Current through June 17, 2024
006.01. The hearing
				officer shall be selected by the Director to hear a particular case either:
006.01A. On a random basis, or
006.01B. By agreement between:
006.01B1. The Director and the blind
				individual who is the subject of the hearing; or
006.01B2. In an appropriate case, the
				Director and the authorized representative who may be a parent, a family
				member, a guardian, an advocate, or an authorized representative, of the
				individual.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-007 - Prehearing Procedures

Current through June 17, 2024
007.01.
PREHEARING CONFERENCES AND ORDERS.
A hearing officer
				designated to conduct a hearing may hold a prehearing conference at the request
				of either party or on his or her own order. If a prehearing conference is not
				held, a hearing officer for the hearing may issue a prehearing order, based on
				the pleadings, to regulate the conduct of the proceedings.
007.01A. If a prehearing conference is
				conducted:
007.01A1. The hearing officer shall
				promptly notify the Director and the parties of the determination that a
				prehearing conference will be conducted. The Director may assign another
				hearing officer for the prehearing conference or the initial hearing officer
				may hold the prehearing conference; and
007.01A2. The hearing officer for the
				prehearing conference shall set the time and place of the conference and give
				reasonable written notice, in preferred format, to all parties and to all
				persons who have filed written petitions to intervene in the matter. The
				Director shall give notice to other persons entitled to notice.
007.01A3. The notice referred to in
				subsection 007.01A2 shall include the foliowing:
007.01A3(a). The names and mailing addresses
				of all parties and other persons to whom notice is being given by the hearing
				officer;
007.01A3(b). The name,
				official title, mailing address, and telephone number of any counsel or
				employee who has been designated to appear for the agency;
007.01A3©). The official file or other
				reference number, the name of the proceeding, and a general description of the
				subject matter;
007.01A3(d). A
				statement of the time, place, and nature of the prehearing
				conference;
007.01A3(e). A
				statement of the legal authority and jurisdiction under which the prehearing
				conference and the hearing are to be held;
007.01A3(f). The name, official title,
				mailing address, and telephone number of the hearing officer for the prehearing
				conference;
007.01A3(g). A
				statement that a party who fails to attend or participate in a prehearing
				conference, hearing, or other stage of a contested case or who fails to make a
				good faith effort to comply with a prehearing order may be held in default
				under the Administrative Procedure Act; and
007.01A3(h). Any other matters that the
				hearing officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-008 - Conducting A Contested Case Hearing

Current through June 17, 2024
008.01.
ORDER.
At the discretion of the hearing officer, the
				hearing may be conducted in the following order:
008.01A. The hearing is called to order by
				the hearing officer. Any preliminary motions, stipulations or agreed orders are
				entertained.
008.01B. Each party
				may be permitted to make an opening statement. Opening statements take place in
				the same order as the presentation of evidence.
008.01C. Presentation of evidence.
008.01C1. Evidence will be received in the
				following order:
008.01C1(a). Evidence is
				presented by the petitioner;
008.01C1(b). Evidence is presented by the
				respondent;
008.01C1©). Rebuttal
				evidence is presented by the petitioner; and
008.01C1(d). Surrebuttat evidence is
				presented by the respondent.
008.01C2. With regard to each witness who
				testifies, the following examination may be conducted:
008.01C2(a). Direct examination conducted by
				the party who calls the witness;
008.01C2(b). Cross-examination by the
				opposing party;
008.01C2©).
				Redirect examination by the party who called the witness; and
008.01C2(d) Recross-examination by the
				opposing party.
008.01D After the evidence is presented, each
				party may have the opportunity to make a closing argument. Closing arguments
				shall be made in the same order as the presentation of evidence. The hearing
				officer may request that the parties submit briefs in lieu of closing
				argument.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-009 - Decision And Order in a Contested

Current through June 17, 2024
009.01. Every
				decision and order rendered by the hearing officer in a contested case shall be
				in writing or stated in the record and shall be accompanied by findings of fact
				and conclusions of law.
009.02. The
				decision and order of the hearing officer should include:
009.02A. The name of the hearing officer and
				name of the proceeding;
009.02B.
				The time and place of the hearing;
009.02C. The names of all parties or their
				attorneys who entered an appearance at the hearing;
009.02D. The findings of fact consisting of a
				concise statement of the conclusions upon each contested issue of
				fact;
009.02E. The conclusions of
				law consisting of the applications of the controlling law to the facts found
				and the legal results arising therefrom; and
009.02F. The order consisting of the action
				to be taken by NCBVI as a result of the facts found and the legal conclusions
				arising therefrom.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Section 192-2-010 - Appeals

Current through June 17, 2024
010.01. Any person aggrieved by a final
				decision in a contested case is entitled to judicial review under the
				Administrative Procedure Act or to resort to such other means of review as may
				be provided by
010.02. Parties
				desiring to appeal a NCBVI decision must file a petition for review in the
				district court of the county where the NCBVI action is taken within thirty (30)
				days after the service of the final decision by NCBVI. The thirty (30) day
				period for appeal commences to run from the date of mailing of the notice of
				order and decision to the parties or their attorneys of record. Service of the
				petition and summons must be made in accordance with Nebraska law.
010.03. Unless otherwise provided by statute,
				the procedures of Nebraska Revised Statute
				84-917
				govern the procedure for taking an appeal.
010.04. If any person appeals the final
				decision of the hearing officer, the final decision involved shall be
				implemented pending review by the court.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Appendix A - Sample Petition Form

Current through June 17, 2024
Click here to
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Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 2 - PROCEDURES FOR FORMAL REVIEW OF VOCATIONAL REHABILITATION DETERMINATIONS › Appendix B - Nebraska Commission for the Blind and Visually Impaired

Current through June 17, 2024
Mediation Procedures
Established procedures will be followed for mediation of
				  determinations made by NCBVI personnel that affect the provision of vocational
				  rehabilitation services to applicants or eligible individuals. An agreement has
				  been formalized between NCBVI and the Nebraska Office of Dispute Resolution
				  (NODR) and Regional Mediation Centers for the provision of Mediation Services.
				  NODR, established in accordance with the Nebraska Dispute Resolution Act, is an
				  office under the Nebraska State Supreme Court.
When the Impartial Hearing Coordinator receives a hearing
				  request, the Impartial Hearing Coordinator will send the individual requesting
				  the hearing a letter immediately with the following information:
a. Mediation is voluntary on the part of the individual and
				  NCBVI.
b. Mediation is available whenever a Fair Hearing is
				  requested.
c. The use of mediation will not be used to deny or delay the
				  rights of an individual in regards to the requested impartial hearing and in
				  regards to any right under the Rehabilitation Act.
d. Mediation will be conducted by a qualified, impartial
				  mediator knowledgeable in laws and regulations relating to the provision of
				  vocational rehabilitation services for the blind, through the Regional
				  Mediation Centers in Nebraska. A list of the Mediation Centers will be
				  provided, including the counties they serve.
e. Sessions will be scheduled in a timely manner and will be
				  held in a location that is convenient to the parties to the dispute.
f. NCBVI will cover the costs of the mediation
				  process.
g. The individual has five (5) days from the date of
				  receiving the letter to request mediation from the appropriate Mediation Center
				  should he/she choose to do so.
h. An agreement reached by the parties to the dispute in the
				  mediation process will be set forth in a written mediation agreement.
I. Discussions that occur during mediation are confidential
				  and may not be used as evidence in any subsequent due process hearing or civil
				  proceeding. The parties to the mediation process may be required to sign a
				  confidentiality pledge prior to the commencement of the mediation process.
Should both sides agree to mediation, the Mediation Center
				  will make the appropriate arrangements. The Centers require two weeks to set up
				  the mediation; the process is completed within 27 days. NCBVI will pay for any
				  accommodations needed and will pay on an hourly rate for cases referred to a
				  Center.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 3 - BLIND VENDOR PROGRAM › Section 192-3-001 - Scope And Authority

Current through June 17, 2024
The regulations govern the Blind Vendor's Program, which was
				  created by the Randolph-Sheppard Act.
001.01. This program seeks to aid blind
				persons by providing needed rehabilitation and employment opportunities, to
				enable blind persons to achieve remunerative employment, to enlarge economic
				opportunities of blind persons, and to stimulate blind persons to greater
				self-sufficiency. The program aims to improve the image of blind persons by
				giving them the opportunity to interact with their community while providing a
				necessary service.
001.02. These
				regulations are authorized by the Nebraska vocational rehabilitation small
				business enterprises statutes, Nebraska Revised Statues Sections
				71-8610
				to
				71-8613,
				and Sections
				71-8615 and
				71-8616
				and meet the requirements of the Randolph-Sheppard Act,
				20 U.S.C. §
										107 et seq., and federal regulations at 34
				CFR 395.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 3 - BLIND VENDOR PROGRAM › Section 192-3-002 - Definitions

Current through June 17, 2024
002.01.
ACTIVE
				PARTICIPATION
shall mean the informed involvement that allows
				meaningful input into State Licensing Agency decisions. Active participation
				does not mean joint or equal decision-making authority. An ongoing process of
				negotiations between the State Licensing Agency and the Committee of Blind
				Vendors to achieve joint planning and approval of program policies, standards,
				and procedures affecting the overall operation of the vending facility program,
				prior to their implementation by the State Licensing Agency. The State
				Licensing Agency has the final authority for the administration of the vending
				facility program.
002.02.
BLIND LICENSEE PERSON
shall mean a person licensed by
				the State Licensing Agency to operate a vending facility on federal or other
				property, a person who, after examination by a physician skilled in diseases of
				the eye or by an optometrist, at the applicant's option, has been determined to
				have:
002.02A. Not more than 20/200 central
				visual acuity in the better eye after correction; or
002.02B. An equally disabling loss of the
				visual field in which the widest diameter subtends an angle no greater than 20
				degrees ( 34 CFR 395.1 ).
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 3 - BLIND VENDOR PROGRAM › Section 192-3-003 - Issuance Of Licenses

Current through June 17, 2024
003.01.
REQUIREMENT FOR LICENSING.
The State Licensing Agency
				may issue licenses to those persons meeting the following requirements:
003.01A. Blind as defined by these rules and
				regulations under 002.02;
003.01B.
				Citizen of the United States;
003.01C. Certified by the State Vocational
				Rehabilitation Agency as qualified to operate a vending facility; and
003.01D At least 19 years of age.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 3 - BLIND VENDOR PROGRAM › Section 192-3-004 - Vending Facility Equipment and Initial Stock

Current through June 17, 2024
004.01.
FURNISHING OF FACILITY EQUIPMENT AND INITIAL STOCK.
The State Licensing Agency shall provide adequate and suitable equipment
				necessary for the operation of each vending facility. The SLA shall also
				furnish each facility with the initial stock of merchandise to establish the
				facility.
004.02.
OWNERSHIP OF FACILITY EQUIPMENT AND STOCK:
All initial
				vending facility equipment and stock purchased by the state is and shall remain
				the property of the State of Nebraska while it is being used in the vending
				facility program, unless otherwise provided by Nebraska law.
Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 3 - BLIND VENDOR PROGRAM › Section 192-3-005 - Maintenance And Replacement of Equipment

Current through June 17, 2024
005.01.
SLA SHALL MAINTAIN AND REPLACE.
The State Licensing
				Agency shall maintain (or cause to be maintained) all vending facility
				equipment in good repair and in an attractive condition and shall replace or
				cause to be replaced worn-out and obsolete equipment as required to ensure the
				continued successful operation of the facility.
005.02.
VENDOR SHALL TAKE
				REASONABLE CARE AND MAKE MINOR REPAIRS.
Each vendor, as a part of
				his or her day-to-day duties, shall take reasonable care of the equipment in
				his or her vending facility and, notwithstanding anything in 005.01, is
				responsible for routine maintenance and minor repairs, provided that no
				expenses are incurred by the vendor.