reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS › Section 95-1-005 - Evidence

Current through June 17, 2024
005.01
General Provisions
The hearing shall be conducted pursuant to the rules of
				  evidence applicable to the district courts or Nebraska, unless mutually waived
				  by the parties.
005.02
Subpoenas, Discovery, and Witnesses
As provided in Section
				  84-914
				  R.R.S., the hearing panel may administer oaths issue subpoenas, compel the
				  attendance of witnesses, and the production of any papers, books, accounts,
				  documents, and testimony, and cause the depositions of witnesses residing
				  either within or without the state to be taken in the manner prescribed by law
				  for taking depositions in civil actions in the district courts of
				  Nebraska.
005.02A
Subpoenas
The use of subpoenas in proceedings before a
				hearing panel is governed by statutory procedures for issuance of subpoenas by
				district courts in Nebraska except as hereinafter provided.
005.02A1 A subpoena requiring the attendance
				of a witness shall be issued by the Commission through the Clerk of the
				Commission, or the chairperson of the hearing panel or appointed legal counsel,
				upon written application of any party.
005.02A2 Subpoenas for the production of
				accounts, books, documents, or Papers, will be issued by the Commission only
				upon written application by a party stating specifically which accounts, books,
				documents, or papers are required and the facts expected to be proved thereby.
				All parties directed to produce accounts books, documents, or papers shall
				furnish and deliver the same at the time and place specified in the
				subpoena.
005.02A3 A subpoena
				issued pursuant to this rule may be served in any manner permitted by law,
				which shall include service by registered or certified mail, return receipt
				requested, sent not less than six days prior to hearing.
005.02A4 In the case of disobedience to a
				subpoena, the Commission may invoke the aid of any court of this state in
				requiring the attendance and testimony of witnesses and the production of
				accounts, books, documents, or papers.
005.02A5 Charges for serving a subpoena by
				mail are to be paid prior to the issuance of the subpoena by the party at whose
				instance the subpoena is issued. Arrangements for personal service, if desired
				by the party, are to be made by the party requesting such service and they
				shall be responsible for paying any costs for such service prior to the hearing
				date.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS › Section 95-1-006 - Disposition of Cases

Current through June 17, 2024
006.01
Deliberations
after consideration of the recommended order (if
				  applicable), briefs, motions, and oral arguments, the hearing panel shall
				  deliberate and vote upon its final decision or recommendations to the
				  Board.
006.02
Final Order
Following its decision, the hearing panel shall issue in
				  writing a Final Order to dismiss, admonish, reprimand, or warn, or shall issue
				  a Recommendation to the Board for suspension, revocation, or support or
				  opposition to reinstatement. Such Final Order or Recommendations shall set out
				  the Commissions findings and conclusions of law. The Final Order or
				  Recommendations shall be signed by the chairperson of the hearing
				  panel.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS › Appendix A - Sample Form for Petition

Current through June 17, 2024
BEFORE THE NEBRASKA PROFESSIONAL PRACTICES COMMISSION STATE
				  OF NEBRASKA
)
_________________________ ) Case No.
___(leave
				  blank)___
(Name of Commissioner) )
) PETITION
COMMISSIONER OF EDUCATION, )
____________________________________)
(Address) )
____________________________________)
Petitioner, )
vs. )
____________________________________)
(Name) )
____________________________________)
(Address) )
____________________________________,)
Respondent.
Petitioner, in accordance with Title 95, Chapter 01, of the
				  Nebraska Administrative Code, states and alleges as follows:
1. The full name, address, and telephone number of the
				  Petitioner;
2. The full name, address, telephone number, and social
				  security number, if known, of the Respondent;
3. The type, rank, level, endorsements, and expiration dates
				  of certificate(s) held by Respondent;
4. The name of the school or school district, if any,
				  currently employing the Respondent;
5. A concise statement of the facts which the Petitioner
				  believes constitutes a violation of professional ethics and/or practices;
				  and
6. Citation of the statute (s) or rule (s) which was
				  allegedly violated.
WHEREFORE, the Petitioner requests that the Professional
				  Practices Commission hold hearings and make recommendations to the State Board
				  of Education as is warranted, regarding the certificate(s) of
				  Respondent.
Dated this__________ Day of ___________, 19____ .
(signature)
(name)
Commissioner of Education
Department of Education
State of Nebraska
VERIFICATION
State of Nebraska )
)
County of )
I, __________, Commissioner of Education, being first duly
				  sworn under oath, state that I have read the contents of the Petition and that
				  to the best of my knowledge, information, and belief such contents are true and
				  there is reasonable cause for filing said document.
Subscribed and sworn before me this__________ day
				  of____________, 19_____, by
_______(name of
				  Commissioner)_______
.
(Seal)
______________________________
Notary Public
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Petition was served
				  upon Respondent by______________ this__________ day of___________,
				  19_____.
_________________________
(signature)
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS › Appendix B - Sample Form for Answer

Current through June 17, 2024
BEFORE THE NEBRASKA PROFESSIONAL PRACTICES COMMISSION STATE
				  OF NEBRASKA
)
_________________________) Case No.
__(leave
				  blank)__
(Name of Commissioner)
) ANSWER
COMMISSIONER OF EDUCATION, )
_____________________________________)
(Address) )
_____________________________________)
Petitioner, )
vs. )
_____________________________________)
(Name) )
_____________________________________)
(Address) )
_____________________________________,)
Respondent.
COMES NOW Respondent,
__________(name)__________
, and, for his/her answer to
				  the Petition admits, denies, and alleges as follows:
(Respondent shall include specific statements regarding any
				  and all allegations in the Petition, which shall be in the form of admissions,
				  denials, explanatory remarks, or statements of mitigating circumstances; and
				  any additional facts or information the Respondent deems relevant and which may
				  be of assistance in the ultimate determination of the case.)
WHEREFORE, Respondent prays that the Professional Practices
				  Commission dismiss the Petition is this matter
______(and/or state
				  any additional action sought)_____________
.
_____________________________
(Signature of Respondent or signature and address of his or
				  her attorney)
VERIFICATION
State of Nebraska )
)
County of__________ )
I, _____________, being first duly sworn under oath, state
				  that I have read the contents of the Answer and that to the best of my
				  knowledge, information, and belief such contents are true.
___________________________
Signature of Respondent
The foregoing instrument was subscribed and sworn to before
				  me on this day of ______________, 19 ______, by
_______(Name of
				  Respondent)____________
.
____________________________
Notary Public
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Answer, was served,
				  U.S. Mail, upon the Commissioner of Education at the following
				  address:______________________ this___________ day of _____________, 19
				  ______.
___________________________
Signature of Respondent
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 2 - TEACHER AND ADMINISTRATOR CERTIFICATE REINSTATEMENT PROCEDURE › Section 95-2-001 - General Information

Current through June 17, 2024
001.01
Statutory Authority
Section
				  79-869
				  of the Revised Statutes of Nebraska (R.R.S.) requires that the Professional
				  Practices Commission adopt rules and regulations for the performance of its
				  functions as set forth in Section
				  79-859
				  through
				  79-871
				  R.R.S.
001.02 Scope and
				Application of this Chapter
This Chapter contains the procedures used by the Commission
				  to hold hearings and make recommendations to the State Board of Education
				  concerning reinstatement of revoked public school certificate(s) of certified
				  employees holding public school certificates pursuant to Section
				  79-868
				  of the Revised Statutes of Nebraska and Chapter 27 of title 92 of the Nebraska
				  Administrative Code.
001.03
Related Regulations
Standards of professional practices and ethics for holders
				  of both public and nonpublic school certificates are contained in 92 NAC 27.
				  Procedures for hearings in public school certificate cases are contained in 95
				  NAC 1. Procedures for investigation in all cases and hearings in nonpublic
				  school certificate cases are contained in 92 NAC 28. Regulations for the
				  issuance of public school and nonpublic school certificates are contained in 92
				  NAC 21. Regulations for the reinstatement of former nonpublic school
				  certificate holders are contained in 92 NAC 29.
001.04
Definitions
The following definitions shall apply herein:
001.04A Petitioner - Any individual filing a
				petition seeking a reinstatement of a revoked public school certificate.
001.04B Board - The Nebraska State
				Board of Education
001.04C
				Commission - The Nebraska Professional Practices Commission
001.04D Commissioner - The Nebraska State
				Commissioner of Education
004.04E
				Revocation - A public sanction withdrawing or canceling a certificate holders
				certificate for a certain period of time. At the expiration of the period of
				Ineligibility fixed by the Board, the former certificate holder may apply for
				reinstatement in accordance with this Chapter.
004.04F Respondent - The Nebraska State
				Commissioner of Education.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 2 - TEACHER AND ADMINISTRATOR CERTIFICATE REINSTATEMENT PROCEDURE › Section 95-2-002 - The Petition

Current through June 17, 2024
002.01 Filing
Upon expiration of the time period fixed for revocation by
				  the Board, an educator whose public school certificate has been revoked may
				  file a Petition with the Commission for reinstatement of his or her
				  certificate.
002.02 Form of
				Petition
The Petition shall comply with Rule
002.02A
through
002.02G
and
				  be prepared in substantially the form set forth in Appendix A. Upon filing of
				  the Petition with the Commission, the case shall be assigned a case
				  number.
002.02A The venue shown as
				BEFORE THE NEBRASKA PROFESSIONAL PRACTICES COMMISSION;
002.02B A heading captioned IN THE MATTER OF
				THE REINSTATEMENT OF;
002.02C The
				name and address of the Petitioner;
002.02D The caption PETITION FOR
				REINSTATEMENT under the case number;
002.02E A statement that 'The undersigned
				Petitioner for reinstatement of a revoked Nebraska teaching, administrative and
				supervisory, or special services counseling public school certificate alleges:;
002.02E1 Petitioner shall set forth the type,
				rank, level, endorsement, and expiration dates of the certificate(s) revoked,
				and his or her social security number.
002.02E2 Petitioner shall set forth the Final
				Decision of the Board revoking the certificate(s).
002.02E3 Petitioner shall set forth the
				name(s), address(es), phone number(s), and date(s) of employment for all
				employers of Petitioner During the period of certificate revocation. If
				unemployed for three months during any time period, set forth your activities
				during that time period.
002.02E4
				Petitioner shall set forth the name(s), address(es), and phone number(s) of all
				witnesses, including Petitioner, that will testify on behalf Of Petitioner at
				the hearing.
002.02F A
				statement indicating that the Petitioner has fully complied with the Order of
				Revocation that he or she will not in the future engage in any practice which
				is listed in the statutes as grounds for revocation or suspension of a
				certificate, and that he or she is familiar with the criteria of professional
				practices adopted pursuant to 79-868.
002.02G The Petitioner's signed, dated, and
				notarized affirmation that the statements in the Petition are true, correct,
				and complete to the best of his or her knowledge and belief.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 2 - TEACHER AND ADMINISTRATOR CERTIFICATE REINSTATEMENT PROCEDURE › Section 95-2-003 - Investigation

Current through June 17, 2024
003.01
Commencement of Investigation
Upon receipt of the Petition for Reinstatement, the
				  Commissioner or his or her designee may investigate the Petitioner in order to
				  determine if the Commissioner wishes to contest the Petition for
				  Reinstatement.
003.02
Objection to Reinstatement
If the Commissioner contests the Petition he or she shall
				  file an answer to the Petition with the Commission within thirty (30) days from
				  the date the Petition was filed and served on the Commissioner, setting forth
				  the grounds for objection.
003.03
Uncontested
				Reinstatement
If the Commissioner does not contest the Reinstatement
				  Petition, he or she shall forward either a written recommendation in support of
				  the Petition or a written document with no recommendation to the
				  Commission.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 2 - TEACHER AND ADMINISTRATOR CERTIFICATE REINSTATEMENT PROCEDURE › Section 95-2-004 - Hearing

Current through June 17, 2024
004.01
Notice of Hearing
The procedures for notice and appointment of a hearing panel
				  shall be conducted in accordance with the procedures established in 95 NAC 1,
				  not in conflict with this Chapter.
004.02
Conduct of
				Hearing
The hearing shall be conducted in accordance with the
				  procedures established in 95 NAC 1, not in conflict with this
				  Chapter.
004.03
Burden of Proof
The burden shall be upon the Petitioner to prove to the
				  Commission that he or she meets all certification requirements in force at the
				  time of application.
004.04
Evidence
The receipt of evidence shall be in accordance with the
				  procedures established in 95 NAC 1, not in conflict with this
				  Chapter.
004.05
Disposition of Cases
Disposition of the case shall be in accordance with the
				  procedures established in 95 NAC 1, not in conflict with this
				  Chapter.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 2 - TEACHER AND ADMINISTRATOR CERTIFICATE REINSTATEMENT PROCEDURE › Appendix A - Sample Form for Petition for Reinstatement

Current through June 17, 2024
BEFORE THE NEBRASKA PROFESSIONAL PRACTICES COMMISSION STATE
				  OF NEBRASKA
IN THE MATTER OF THE )
REINSTATEMENT OF: ) Case No.
___(leave
				  blank)___
)
) PETITION FOR REINSTATEMENT
)
(Name of Petitioner)
)
_________________________________)
(Address) )
)
)
The undersigned Petitioner for reinstatement of a revoked
				  Nebraska teaching, administrative and supervisory, or special services
				  counseling public school certificate alleges:
1. (Set forth the type, rank, level, endorsements, and
				  expiration dates of the certificate(s) revoked by the State Board of Education
				  and your social security number.)
2. (Set forth the Final Decision of the Nebraska State Board
				  of Education revoking The certificate(s).)
3. (Set forth the name(s), address(es), phone number(s), and
				  date(s) of employment for all employers of Petitioner during the period of
				  certificate revocation. If unemployed for over three months during any time
				  period, set forth your activities during that time period.)
4. (Set forth the name(s), address(es), and phone number(s)
				  of all witnesses, including yourself, that will testify on your behalf at the
				  hearing.)
5. Petitioner has fully complied with the Order of
				  Revocation, that he or she will not in the future engage in any practice which
				  is listed in the statutes as grounds for revocation or suspension of a
				  certificate, and that he or she is familiar with The criteria of professional
				  practices adopted pursuant to 79-868.
Applicant affirms the statements in this Petition are true,
				  correct, and complete to the best of his or her knowledge and belief.
Dated this___________ Day of ___________, 19 _____.
_____________________________
(Signature of Petitioner)
(typed name, address, & telephone number)
VERIFICATION
State of Nebraska )
)
County of___________ )
I, ________________, being first duly sworn under oath,
				  disposes and says that I am the Petitioner named in the foregoing Petition,
				  that I have read it, know the contents therein, and that the facts therein
				  contained are accurate and complete to the best of my knowledge and
				  belief.
________________________
(Signature of Petitioner)
Subscribed and sworn before me this___________ day of
				  ________________, 19 _______.
__________________________________
Notary Public
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Petition was served
				  upon the Commissioner of Education, by certified mail, return receipt requested
				  at the following address; 301 Centennial Mall South, P.O. Box 94987, Lincoln,
				  NE 68509-4987
Dated this__________ day of ________________, 19
				  _____.
_________________________________
(Signature of Respondent)
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 2 - TEACHER AND ADMINISTRATOR CERTIFICATE REINSTATEMENT PROCEDURE › Appendix B - Sample Form for Answer

Current through June 17, 2024
BEFORE THE NEBRASKA PROFESSIONAL PRACTICES COMMISSION STATE
				  OF NEBRASKA
)
___________________________) Case No.
___(leave
				  blank)___
(Name of Commissioner)
)
) ANSWER
COMMISSIONER OF EDUCATION, )
_____________________________)
(Address)
______________________________)
Petitioner, )
vs. )
______________________________)
(Name) )
______________________________)
(Address) )
______________________________,)
Respondent.
COMES NOW Respondent,
(name)
, and,
				  for his/her answer
to the Petition admits, denies, and alleges as
				  follows:
(Respondent shall include specific statements regarding any
				  and all allegations in the Petition, which shall be in the form of admissions,
				  denials, explanatory remarks, or statements of mitigating circumstances; and
				  any additional facts or information the Respondent deems relevant and which may
				  be of assistance in the ultimate determination of the case.)
WHEREFORE, Respondent prays that the Professional Practices
				  Commission dismiss the Petition is this matter
(and/or state any
				  additional action sought)
.
________________________________
(Signature of Respondent or signature and address of his or
				  her attorney)
VERIFICATION
State of Nebraska )
)
County of_______________)
I, ___________, being first duly sworn under oath, state that
				  I have read the contents of the Answer and that to the best of my knowledge,
				  information, and belief such contents are true.
_____________________
Signature of Respondent
The foregoing instrument was subscribed and sworn to before
				  me on this_________________ day of _____________, 19 _____, by
(Name of Respondent)
.
__________________________
Notary Public
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Answer, was served,
				  U.S. Mail, upon the Commissioner of Education at the following
				  address:________________ this___________ day of ____________, 19 ____.
_______________________________
Signature of Respondent
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 1 - COUNTY REVENUE ASSISTANCE FUND › Section 70-1-001 - General Provisions

Current through June 17, 2024
The County Revenue Assistance Fund is created for the operation of the Commission on Public Advocacy.
001.01 Creation of the Fund
The fund shall consist of money appropriated from the State of Nebraska General Fund and amounts remitted pursuant to Neb. Rev. Stat. §
										29-3931 (Supp. 1995).
001.02 Investment of the Fund
Any money in the 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.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 2 - DEFINITIONS › Section 70-2-001 - Definitions

Current through June 17, 2024
As used in Neb. Rev. Stat. §§
									29-3919 et seq. and these rules, the following definitions shall be used.
001.01 Chief Counsel
Chief counsel shall mean an attorney appointed to be the primary administrative officer of the commission pursuant to Neb. Rev. Stat. §
										29-3928.
001.02 Commission
Commission shall mean the Commission on Public Advocacy, created pursuant to L.B. 646, as passed by the 1995 Legislature, and codified at Neb. Rev. Stat. I 29-3919 to 29-3931 (Supp. 1995).
001.03 Contracting Attorney
Contracting attorney shall mean an attorney contracting to act as a public defender pursuant to Neb. Rev. Stat. §§
										23-3404 to 23-3408.
001.04 Court-Appointed Attorney
Court-appointed attorney shall mean an attorney other than a contracting attorney or a public defender appointed by the court to represent an indigent person.
001.05 Indigent Defense Services
Indigent defense services shall mean legal services provided to indigent persons by an indigent defense system.
001.06 Indigent Defense System
Indigent defense system shall mean a system of providing services, including any services necessary for litigating a case, by a contracting attorney, court-appointed attorney, or public defender.
001.07 Indigent Person
Indigent person shall mean a person who is indigent and unable to obtain legal counsel as determined pursuant to rules of the Supreme Court.
001.08 Public Defender
Public defender shall mean an attorney appointed or elected pursuant to Neb. Rev. Stat. §§
										23-3401 to 23-3403.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 3 - MEMBERSHIP, TERM AND QUALIFICATIONS › Section 70-3-001 - Background

Current through June 17, 2024
The Nebraska Commission on Public Advocacy was created by L.B. 646, passed by the Nebraska Legislature in 1995. The Commission shall provide legal services and resources to assist counties in fulfilling their obligation to provide for effective assistance of counsel for indigent persons.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 3 - MEMBERSHIP, TERM AND QUALIFICATIONS › Section 70-3-002 - Membership

Current through June 17, 2024
The Commission shall consist of nine members appointed by the Governor from a list of attorneys submitted by the executive council of the Nebraska State Bar Association after consultation with the board of directors of the Nebraska Criminal Defense Attorneys Association.
002.01 Geographic Distribution
A member shall be appointed from each of the six Supreme Court judicial districts, and three members shall be appointed at large.
002.02 Executive Council
The executive council of the Nebraska State Bar Association shall ensure that the selection process promotes appointees who are independent from partisan political influence.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 3 - MEMBERSHIP, TERM AND QUALIFICATIONS › Section 70-3-003 - Qualifications

Current through June 17, 2024
To be eligible for appointment, a person shall be a member of the Nebraska State Bar Association who has substantial experience in criminal defense work. All members shall be committed to the principle of providing indigent defense services free from unwarranted . judicial or political influence.
003.01 Other Positions
At the time of selection or at any time during the term of office, a member of the Commission shall not be a prosecutor, law enforcement official, or judge.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 3 - MEMBERSHIP, TERM AND QUALIFICATIONS › Section 70-3-004 - Term of Service

Current through June 17, 2024
Each member shall serve for a term of six years, except that three of the initial appointees shall serve terms of two years and three shall serve terms of four years as designated by the Governor.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 4 - MEETINGS, QUORUM AND EXPENSES › Section 70-4-001 - Meetings

Current through June 17, 2024
The Commission shall meet as soon as practicable after appointment by the Governor.
001.01 Officers
The Commission shall elect a vice-chairperson and secretary-treasurer. The officers shall serve terms of two years.
001.02 Frequency of Meetings
The Commission shall meet at least quarterly on a date and at a time and place of its designation.
001.03 Notice of Meetings
All meetings shall be held at the call of the chairperson or at' the call of a quorum of the members upon not less than seven days written notice, unless notice is waived for reason of an emergency.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 4 - MEETINGS, QUORUM AND EXPENSES › Section 70-4-002 - Quorum

Current through June 17, 2024
Five members of the Commission shall constitute a quorum for the transaction of business. The Commission may act by a majority of the members present at any meeting at which a quorum is in attendance.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 4 - MEETINGS, QUORUM AND EXPENSES › Section 70-4-003 - Reimbursement

Current through June 17, 2024
The members shall be reimbursed for their actual and necessary expenses, as provided in Neb. Rev. Stat. §§
									81-1174 to 81-1177.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 5 - POWERS AND DUTIES › Section 70-5-001 - Powers and Duties of the Commission

Current through June 17, 2024
The Commission shall have the following powers and duties:
001.01 Rules and Regulations
The Commission shall have the power to adopt and promulgate rules and regulations for its organization and internal management and rules and regulations governing the exercise of its powers and the fulfillment of its purpose.
001.02 Advisory Committees
The Commission shall have the power to appoint and abolish such advisory committees as may be necessary for the performance of its functions and delegate appropriate powers and duties to them
001.03 Loans. Grants, and Donations
The Commission shall have the power to accept and administer loans, grants, and donations from the United States and its agencies, the State of Nebraska and its agencies, and other sources, public and private, for carrying out the functions of the Commission.
001.04 Contracts, Leases and Agreements
The Commission shall have the power to enter into contracts, leases, and agreements necessary, convenient, or desirable for carrying out its purposes and the powers granted under this section with agencies of state or local government, corporations, or persons.
001.05 Property
The Commission shall have the power to acquire, hold, and dispose of personal property in the exercise of its powers.
001.06 Legal Services
The Commission shall have the power to provide legal services to indigent persons through the Capita] Litigation Division, the Appellate Division, and the Major Case Resource Center,
001.07 Employment
The Commission shall have the power to appoint and set the compensation and terms of employment of the Chief Counsel, and to set guidelines and policies for the employment of other staff by the Chief Counsel.
001.08 Policies
The Commission shall have the power to set policies for the proper guidance and management of the Capital Litigation Division, the Appellate Division, and the Major Case Resource Center.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 6 - CHIEF COUNSEL › Section 70-6-001 - Chief Counsel

Current through June 17, 2024
The Commission shall appoint a Chief Counsel, who shall act as the lead attorney and chief administrative officer of the Commission.
001.01 Term
The Chief Counsel shall serve at the pleasure of the Commission.
001.02 Salary
The salary of the Chief Counsel shall be set by the Commission.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 6 - CHIEF COUNSEL › Section 70-6-002 - Qualifications

Current through June 17, 2024
The Chief Counsel shall be a full-time employee who has been licensed to practice law in the State of Nebraska for at least five years prior to the effective date of the appointment, and shall be experienced in the practice of criminal defense, including the defense of capital cases.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 6 - CHIEF COUNSEL › Section 70-6-003 - Responsibilities and Duties

Current through June 17, 2024
The responsibilities and duties of the Chief Counsel shall be defined by the Commission and shall include the overall supervision of the workings of the various divisions of the Commission.
003.01 Primary Duties
The primary duties of the Chief Counsel shall be to provide direct legal services to indigent defendants.
003.02 Other Duties
The duties of the Chief Counsel shall also include:
003.02A Appoint, manage, and remove employees in accordance with the guidelines set by the Commission, and delegate appropriate powers and duties to them.
003.02B Supervise the attorneys assigned to the Capital Litigation Division, the Appellate Division, and the Major Case Resource Center.
003.02C Prepare a budget and disburse funds for the operations of the Commission, and prepare an annual report on the operations of the Commission, including an accounting of all funds received and disbursed, an evaluation of the cost-effectiveness of the Commission, and recommendations for improvement.
003.02D Convene or contract for conferences and training seminars related to criminal defense.
003.02E Establish and administer projects and programs for the operation of the Commission.
003.02F Adopt and promulgate rules and regulations for the management and administration of policies of the Commission and the conduct of employees of the Commission.
003.02G Transmit monthly to the Commission a report of the operations of the Commission for the preceding calendar month.
003.02H Execute and carry out all contracts, leases and agreements authorized by the Commission with agencies of federal, state, or local government, corporations, or persons.
003.02I Exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 7 - DIVISIONS › Section 70-7-001 - Divisions

Current through June 17, 2024
The Commission shall consist of three divisions: the Capital Litigation Division, the Appellate Division, and the Major Case Resource Center.
001.01 Capital Litigation Division
The Commission shall create, under the supervisory management of its Chief Counsel, a Capital Litigation Division designed to assist in the defense of capital cases in Nebraska, subject to caseload standards of the Commission.
001.02 Appellate Division
The Commission shall create, under the supervisory management of its Chief Counsel, an Appellate Division designed to prosecute appeals to the Nebraska Supreme Court and the Nebraska Court of Appeals, subject to caseload standards of the Commission.
001.03 Major Case Resource Center
The Commission shall create, under the supervisory management of its Chief Counsel, a Major Case Resource Center designed to be available to assist public defenders, contracting attorneys, or court-appointed attorneys with the defense of a felony offense, subject to caseload standards of the Commission.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 8 - RECORDS AND REPORTS › Section 70-8-001 - Records and Reports

Current through June 17, 2024
On behalf of the Commission, the Chief Counsel shall keep appropriate financial, caseload and client records on all matters in which the Commission is involved.
001.01 Public Records
All records, except those which are legislatively or judicially recognized as being part of attorney-client privilege, shall be maintained and made available as public records.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 8 - RECORDS AND REPORTS › Section 70-8-002 - Showing to District Court

Current through June 17, 2024
When the Commission staff completes its representation of a client, the Chief Counsel shall make a showing to the district court for the county in which the prosecution arose regarding the Commission's actual cost of defense.
002.01 Basis for Showing
The showing shall be based upon (1) the actual time spent by Commission staff attorneys and their hourly rates of pay, including benefits, (2) a reasonable amount for administrative and support staff time, (3) the actual expenditures for litigation support, such as expert witnesses and depositions, and (4) a reasonable amount for office overhead, including rent, telephone, utilities, and photocopying.
002.02 Hearing
After a hearing, the district court shall order the county to pay one-third of the Commission's actual cost of defense.
002.03 Remittance
The county shall remit the amount to the State Treasurer for credit to the County Revenue Assistance Fund.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 9 - PERSONNEL MANAGEMENT › Section 70-9-001 - Personnel Management

Current through June 17, 2024
The Chief Counsel and all permanent employees of the Commission shall be full-time employees of the state, and as such, shall be entitled to benefits under the Nebraska State Employees' Retirement System and the State Group Benefits Program.
001.01 Payroll
The payroll and the other personnel/fiscal affairs of the Commission shall be generally administered by the Chief Counsel, under the management authority of the Commission.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 10 - EXECUTIVE COMMITTEE › Section 70-10-001 - Executive Committee

Current through June 17, 2024
With the approval of a majority of the members of the Commission, the chairperson may appoint an executive committee.
001.01 Number
The executive committee shall consist of not less than three nor more than five Commission members.
001.02 Meetings
The executive committee shall meet from time to time between Commission meetings on the call of the chairperson for the purpose of providing guidance to the officers or Chief Counsel of the Commission on such matters as may concern the Commission.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 12 - PETITION FOR RULEMAKING › Section 70-12-001 - Rulemaking Petition

Current through June 17, 2024
Under the provisions of the Nebraska Administrative Code, Title 53, Chapter 2, any person may petition the Commission requesting the promulgation, amendment, or repeal of a rule or regulation.
001.01 Form
The petition shall:
001.01A Be clearly designated as a petition for a rules change
001.01B In the case of a proposed new rule or amendment of an existing rule, shall set forth the desired rule in its entirety;
001.01C In the case of a petition for the repeal of an existing rule, such shall be stated and the rule proposed to be repealed shall either be set forth in full or shall be referred to by agency rule number;
001.01D Describe the reason for the rules change;
001.01E Include an address and telephone where the petitioner can be reached during regular work hours; and
001.01F Be signed by:
001.01F1 The petitioner or his or her attorney in which case the attorney shall also state his or her address and telephone number
001.01F2 A duly authorized officer of the petitioner, if petitioner is a corporation or other legal entity.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 12 - PETITION FOR RULEMAKING › Section 70-12-002 - Petition Consideration and Disposition

Current through June 17, 2024
Within 60 days after submission of a petition, the agency shall:
002.01 Deny the petition in Writing, sating-its reasons therefor;
002.02 Initiate rulemaking or regulationmaking proceedings in accordance with the Administrative Procedure Act;
002.03 If otherwise lawful, adopt a rule or regulation.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-001 - Request for Declaratory Order by the Commission

Current through June 17, 2024
This chapter relates solely to the procedures to be used by any person or entity seeking issuance of a declaratory order by the Commission.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-002 - Definitions

Current through June 17, 2024
As used in this chapter:
002.01 Agency
Agency shall mean the board, commission, department, officer, division, or other administrative office or unit of the state government as defined in Neb. Rev. Stat. §
										84-901(1).
002.02 Agency Director
Agency Director shall mean the director or governing body, whichever is applicable, of the agency.
002.03 Argument
Argument shall mean the oral statement of the petitioner or any other party which explains his or her view of the facts and issue to be decided, the law applicable to the question presented, and the reasoning that connects the facts and law.
002.04 Contested Case
Contested case shall mean a proceeding before the agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after hearing before the agency.
002.05 Declaratory Order Proceeding
Declaratory order proceeding shall mean a proceeding initiated by a petitioner seeking issuance of a binding order by the agency as to the applicability of specified circumstances to a statute, rule, regulation, or order within the primary jurisdiction of the agency.
002.06 Hearing Officer
Hearing officer shall mean the person or persons conducting a declaratory order proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title.
002.07 Intervenor(s)
Intervenor shall mean person, political subdivision, corporation, organization, or other entity which has or claims to have any interest, legal right, duty, privilege, or immunity, which would be directly affected by the agency's issuance of a binding declaratory order.
002.08 Necessary Party
Necessary party shall mean a person who or an entity which has a specific interest in the applicability of the statute, rule, regulation, or order, as distinguished from a general interest such as may be the concern of the public at large. A necessary party is one which is or would be adversely affected in a legally cognizable way by the uncertainty sought to be resolved.
002.09 Parties
Parties shall mean persons, political subdivisions, corporations, organizations, or other entities subject to the jurisdiction of the agency who are involved in a declaratory order proceeding according to the procedures set forth in this chapter.
002.10 Petition
Petition shall mean the document filed in accordance with section 003 of this chapter to initiate a declaratory order proceeding.
002.11 Petitioner(s)
Petitioner shall mean a party or parties who have filed a petition with the agency seeking issuance of a declaratory order.
002.12 Pleading
Pleading shall mean any written petition, answer, or motion used in any declaratory order proceeding before the agency as set forth in this chapter.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-003 - Petition for Declaratory Order

Current through June 17, 2024
A request for a declaratory order must be made by a petition that meets the requirements of this section.
003.01 Who May File
Any person may petition the agency for issuance of a declaratory order as to the applicability to specified circumstances of a statute, rule, regulation, or order which is within the primary jurisdiction of the agency.
003.02 When Orders Appropriate
A declaratory order may be requested on the applicability of a statute, rule, regulation, or order enforced by the agency. "Applicability" refers to the appropriateness of the relation of the law to the person, property, or state of facts, or its relevance under the circumstances given. It may include such questions as whether the law applies at all, to whom it applies, when it applies, how it applies, or which law applies. Considerations as to whether issuance of a declaratory order is appropriate include:
003.02A A declaratory order may be requested only on the applicability of existing statutes and rules and regulations.
003.02B A declaratory order may be requested to obtain a determination of proposed conduct, not to obtain a determination of the effect of conduct that has already occurred.
003.02C A declaratory order is not a mechanism for review or appeal of a decision made by the agency in a contested case.
003.02D A declaratory order may not be requested to obtain a declaration by the agency that a statute or regulation is unconstitutional or that a regulation of the agency is invalid.
003.02E A declaratory order may not be issued by the agency that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-004 - Submission and Service of Declaratory Order Petition

Current through June 17, 2024
The original petition for declaratory order shall be filed with the agency director by mail or in person during the agency's normal business hours.
004.01 The petition shall be deemed as filed when it is actually received by the agency. The agency shall date stamp all petitions upon receipt.
004.02 At the same time the petition is filed with the agency, the petitioner shall serve a copy of the petition, by certified mail, return receipt requested, on all necessary parties, including all persons, political subdivisions, corporations, organizations, or other entities who are known to have or claim any interest, legal right, duty, privilege, or immunity which would be directly affected by issuance of a declaratory order in this matter by the agency.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-005 - Disposition of the Petition

Current through June 17, 2024
005.01 Upon the filing of a petition, the agency director may consider the petition, refer the petition to an appropriate licensing or governing board, or delegate the matter to a designated hearing officer, board, or agency employee to consider the petition and recommend a decision to the agency director. In reviewing the petition, the agency may, in its discretion, do one or more of the following:
005.01A Require that additional information be submitted before the petition will be further considered;
005.01B Require a petitioner to provide notice to persons or entities who may be necessary parties and other persons that a request for a declaratory order has been filed with the agency;
005.01C Schedule a date, time, and location at which the petitioner and any other parties to the proceeding may make an oral presentation on the petition;
005.01D Consider the petition and any attachments without oral presentation.
Nebraska Administrative Code › Topic - PUBLIC ADVOCACY, COMMISSION ON › Title 70 - NEBRASKA COMMISSION ON PUBLIC ADVOCACY › Chapter 13 - REQUEST FOR DECLARATORY ORDER BY THE COMMISSION › Section 70-13-006 - Intervention in Declaratory Order Proceeding

Current through June 17, 2024
006.01 Intervention by any person or entity in a declaratory order proceeding shall be allowed when the following requirements are met:
006.01A A petition for intervention must be submitted in writing to the agency Copies must be mailed to all parties to the proceeding.
006.01B The contents of the petition must be as specified in 006.02.
006.01C The agency must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.