reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-005 - Content and Duration of Examination

Current through June 17, 2024
The written examination shall be comprised of four sections,
				  i.e.: District Court; County Court; legal descriptions; and general knowledge
				  of the practice of abstracting. Each section will be of not less one hour
				  duration.
Section
					 76-541 and
					 76-543
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-006 - Land Title-Related Experience

Current through June 17, 2024
Each applicant shall submit, as a portion of his or her
				  application, a summary or digest of his or her land title-related experience
				  and training. No person shall be eligible for admittance to the examination
				  until the Board has determined that he or she has demonstrated the minimal
				  experience required by Section
				  76-542, R.R.S. Nebraska, as
				  amended.
Section
					 76-541 and
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-008 - Grading and Notice

Current through June 17, 2024
Any applicant, in order to qualify for registration, must
				  pass the examination. Each member of the Board will independently grade the
				  examination and give a grade of Pass" or Fail" to the applicant. The Board will
				  determine which applicants have passed or failed the examination. The
				  applicant, the Director or any Member of the Board may request that the grade
				  on an examination be reviewed by the Board at a regular meeting. Such request
				  must be delivered in writing to the Director of the Board within sixty (60)
				  days of notification of the grades. The decision of the Board in such reviews
				  will be final.
Section
					 76-541 and
					 76-543
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-009 - Timing of Re-Take of Examination

Current through June 17, 2024
If any applicant fails to pass the examination he or she may
				  be re-examined no sooner than the next regularly-scheduled examination, but no
				  later than two-years following the failed examination, upon remittance of the
				  examination fee.
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-010 - Two or More Sections Passed

Current through June 17, 2024
If any applicant passes two or more sections of the
				  examination, he or she will not be required to retake the sections
				  passed.
010.01.
Two-Year
				Provision.
Such an applicant shall have two-years from the date of the
				  original examination to retake the sections not passed. If the applicant has no
				  passed all four parts within the two-year period, the applicant will be
				  required to retake the entire examination.
010.02.
Examination Fee for
				Re-Take.
Any applicant re-examined will be required to remit the
				  regular examination fee before being admitted to any
				  re-examination.
Section
					 76-541 and
					 76-543
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-011 - Short Form Examination

Current through June 17, 2024
The Board shall have the authority to impose, in its
				  discretion, any further or additional rules or regulations necessary to the
				  efficient and fair administration of the examination, so long as such further
				  or additional rules or regulations do not affect any substantive rights of any
				  applicant.
Section
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-012 - Rules for Administration of Examination

Current through June 17, 2024
The Board shall have the authority to impose, in its
				  discretion, any further or additional rules or regulations necessary to the
				  efficient and fair administration of the examination, so long as such further
				  or additional rules or regulation do not affect any substantive rights of any
				  Applicant.
Section
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 8 - PROFESSIONAL DEVELOPMENT › Section 1-8-001 - Three Hours for Renewal

Current through June 17, 2024
Each applicant for renewal of a Certificate of Registration
				  shall certify to the Board that he or she has duly acquired three (3) hours of
				  board-approved professional development credits.
Section
					 76-541
					 and
					 76-544
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 8 - PROFESSIONAL DEVELOPMENT › Section 1-8-003 - Certificate of Completion

Current through June 17, 2024
Upon completion of an approved professional development
				  program, the program sponsor shall furnish, to each individual who completes
				  said program, a Certificate of Completion showing the name of the individual,
				  the date of the program, and the number of credit hours obtained at the
				  program. Program sponsor shall furnish the Office of the Abstracters Board of
				  Examiners with an alphabetical list of those abstracters who successfully
				  completed the program.
Section
					 76-541,
					 76-544
					 and
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 8 - PROFESSIONAL DEVELOPMENT › Section 1-8-004 - Refusal of Professional Development Credits

Current through June 17, 2024
The Board may refuse to grant professional development credit
				  to any abstracter who, within any prescribed two-year professional development
				  credit period, attends more than one program with substantially identical
				  subject matter.
Section
					 76-541,
					 76-544
					 and
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 9 - COMPLAINTS AND DISCIPLINARY ACTION › Section 1-9-001 - Investigation

Current through June 17, 2024
The Board may, upon its own motion, and shall, upon the sworn
				  complaint in writing of any person, investigate the actions of any Registered
				  Abstracter or holder of a Certificate of Authority.
Section
					 76-552
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 9 - COMPLAINTS AND DISCIPLINARY ACTION › Section 1-9-002 - Subpoena

Current through June 17, 2024
The Board may, in the performance of its investigation,
				  compel by subpoena the appearance of the abstracter or holder of a Certificate
				  of Authority to appear before the Board to aid in the investigation.
Section
					 76-541,
					 76-552,
					 84-914
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 9 - COMPLAINTS AND DISCIPLINARY ACTION › Section 1-9-003 - Authority to Retain Investigative Aid

Current through June 17, 2024
The Board may retain any persons it deems appropriate to aid
				  in its investigation of any abstracter or holder of a Certificate of Authority.
				  The Chairman may appoint a committee to investigate the abstracter or the
				  holder of a Certificate of Authority upon a motion of the Board.
Section
					 76-541
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 9 - COMPLAINTS AND DISCIPLINARY ACTION › Section 1-9-004 - Compliance

Current through June 17, 2024
Hearings on all complaints regarding abstracters or holders
				  of Certificates of Authority shall be in compliance with Rule No. 10.
Section
					 76-541,
					 84-901
					 - 84-920
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 9 - COMPLAINTS AND DISCIPLINARY ACTION › Section 1-9-005 - Discipline and Powers

Current through June 17, 2024
The Board shall have the power to impose discipline, after a
				  hearing, upon a registered abstracter or holder of a Certificate of Authority,
				  as provided in the Abstracters Act.
Section
					 76-551,
					 76-552
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 9 - COMPLAINTS AND DISCIPLINARY ACTION › Section 1-9-006 - Unfair Practices

Current through June 17, 2024
Unfair practices which are a violation of the Abstracters
				  Act shall include:
Failure to disclose an agency relationship to or an interest
				  in any title insurance business, law firm, real estate or insurance business,
				  or any other business or enterprise, to a customer, in the event that the
				  holder of the Certificate of Registration or the holder of the Certificate of
				  Authority would receive a fee, directly or indirectly, from such a relationship
				  or interest during a transaction involving real estate in which the holder is
				  retained to provide abstracting services for such customer;
Paying or allowing a rebate of fees for abstracting
				  services, including but not limited to, rendering a statement to be passed on
				  to third parties, which does not reflect the true amount actually charged for
				  such services, or charging an amount from which a rebate is to be paid to any
				  person or entity;
Failure by any person or business entity to be, have or
				  employ a Registered Abstracter, (1) if such person or entity offers, directly
				  or indirectly, to furnish abstracting services; or, (2) by the use of a
				  business or trade name, letterhead, advertisement, or public announcement
				  appearing to be authorized to furnish abstracting services;
Other violations of the Abstracters Act.
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-001 - Location

Current through June 17, 2024
Hearings shall be held in the State of Nebraska at a location
				  designated by the Director of the Board.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-002 - Appearance Before the Board

Current through June 17, 2024
Practice of law before the Board shall be governed by the
				  statutes of the State of Nebraska and the decisions of the Supreme Court of the
				  State of Nebraska. Nothing herein contained shall prevent any party from
				  transacting his or her own business before the Board. In the event of an
				  appearance of some person on behalf of a party, the person appearing must
				  either be admitted to the practice of law before the Supreme Court of the State
				  of Nebraska or be admitted to practice law before the supreme court of any
				  other state and be associated with a person admitted to practice law before the
				  Supreme Court of the State of Nebraska.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-003 - Parties

Current through June 17, 2024
Parties appearing before the Board shall be designated as
				  follows:
003.01.
Applicants.
In all proceedings involving applications for registration or
				  renewal under the Abstracters Act, as amended, the party or parties on whose
				  behalf the application is made.
003.02.
Respondents.
Party or parties ordered by the Board to appear in a
				  proceeding, including complaint proceedings.
003.03.
Complainants
.
Any party filing a complaint under the provisions of the
				  Abstracters Act, as amended.
003.04.
Intervenors
.
Any person or party having an interest in any proceeding
				  before the Board, and who voluntarily enters into the proceeding with the leave
				  of the Board.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-004 - Pleadings

Current through June 17, 2024
Any written application or protest thereto; any petition or
				  intervention or answer or reply thereto; any complaint or any answer or reply
				  thereto; or any motion or affidavit in support thereof, shall all constitute
				  pleadings for the purposes of these Rules.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-005 - Complaints

Current through June 17, 2024
A complaint, where applicable, may be filed by a person,
				  organization, corporation or the Board on its own motion. The complaint shall
				  set forth the names of the party complainant, the name of the parties against
				  whom the complaint is made, a concise description of the complaint or alleged
				  violation, and any other facts necessary. Complaints must be in writing, sworn
				  to and signed by the complainant. Complaints by the Board on its own motion
				  shall be signed by the Chairman.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-006 - Procedure for Hearing Not Associated with Complaints

Current through June 17, 2024
All hearings which do not pertain directly to a complaint
				  filed pursuant to Section
				  76-551 to
				  76-553, R.R.S. Nebraska, as
				  amended, shall be conducted by the Board with the Director acting as hearing
				  examiner. The hearing examiner will, among other things, open the proceedings,
				  enter into the record the notice of hearing, take appearances, hear the
				  evidence, rule on motions and objections, interrogate, if deemed necessary, any
				  witness and close the proceedings. Hearings conducted by the Board will, unless
				  circumstances dictate otherwise, be incorporated with regular meetings of the
				  Board and a quorum shall be present.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-007 - Procedure for Hearing on Complaint

Current through June 17, 2024
All hearings which directly pertain to a complaint filed
				  pursuant to Sections
				  76-551 to 76553, R.R.S. Nebraska,
				  as amended, shall be conducted by a hearing examiner appointed by the Board.
				  The hearing examiner may be any person except a voting member of the Board. The
				  hearing examiner shall have the power to compel the attendance of witnesses and
				  to administer oaths. The hearing examiner will, among other things, open the
				  proceedings, enter into the record the notice of hearing, take appearances,
				  hear the evidence, rule on motions and objections, interrogate, if deemed
				  necessary, any witness and close the proceedings. The hearing shall make in
				  writing complete findings and recommendations to the Board.
Section
					 76-541,
					 76-551 - 76-553 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-008 - Opening Statements, Oral Arguments, Briefs

Current through June 17, 2024
Opening statements and oral argument following the close of
				  presentation of evidence will not be permitted unless specifically requested by
				  the Board or its hearing examiner. Any party wishing to submit a brief of the
				  matter presented at any hearing may do so within the time allotted by the
				  hearing examiner.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-009 - Motions for Continuance

Current through June 17, 2024
Any party who desires a continuance shall file a motion with
				  the Director of the Board. Such motion shall be in writing and it shall state
				  the reasons why such continuance is necessary. All motions for continuance
				  shall be filed at least five (5) calendar days prior to the date set for the
				  hearing unless the party requesting the continuance can show good cause for the
				  delay in filing. For good cause shown, the Director may grant a
				  continuance.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-010 - Mailing of Orders of the Board

Current through June 17, 2024
All orders of the Board, following the close of any hearing,
				  shall be transmitted to the parties of record by certified mail. The orders of
				  the Board shall contain findings, determinations and orders in the matter and
				  shall be signed by all members concurring therein.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-011 - Evidence

Current through June 17, 2024
The Board is not bound to follow the technical rules of
				  evidence. Evidence shall be admissible which possesses probative value commonly
				  accepted by reasonable men in the conduct of their affairs. Evidence which is
				  cumulative or repetitions may be excluded by the Board or hearing examiner.
				  Provided, however, the Board shall be governed by the statutes governing the
				  administrative agencies of the State of Nebraska, Chapter 84, Article 9 of the
				  Revised Statutes of Nebraska.
Section
					 76-541
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-012 - Appeal Procedure

Current through June 17, 2024
Any appeal of any decision or order of the Board may be
				  judicially reviewed. Such review shall be wholly in accordance with the
				  provisions of the Administrative Procedure Act of the State of
				  Nebraska.
Section
					 76-541 and
					 84-917
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-013 - Exhibits: Source

Current through June 17, 2024
013.01.
Detailed or Complex Exhibit.
When any exhibit consists of three (3) or more pages, each
				  page shall be consecutively numbered. Any detailed or complex exhibits
				  consisting of more than three (3) pages or with several distinct parts shall be
				  prefaced with an index.
013.02.
Consecutively Marked and
				Numbered.
Each exhibit shall be consecutively marked and
				  numbered.
013.03.
Copies of Official Files.
Any party desiring to introduce into evidence any part or
				  parts of the official files shall obtain copies thereof in advance of
				  hearing.
013.04.
Availability of Copies of Exhibits.
Any party proposing to introduce exhibits into evidence into
				  any proceeding before the Board shall furnish copies of exhibits to the
				  opposing party and all Board Members. Failure to supply copies of said exhibit
				  will cause it to be excluded from the hearing unless good and sufficient reason
				  be shown by the party offering the same for the failure to supply
				  copies.
013.05.
Relevant Portions.
Relevant portions of books, papers, or documents shall be
				  plainly designated and distinguished from all irrelevant portions before the
				  relevant material may be offered into evidence.
Section. 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-014 - Subpoenas

Current through June 17, 2024
Subpoenas requiring the attendance of witnesses will be
				  issued by the Hearing Examiner, through the Director or such person designated
				  in writing by the Director, upon written application of any party, in care of
				  the Director and shall be delivered to the Director not later than fourteen
				  (14) days prior to the scheduled hearing.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-015 - Depositions

Current through June 17, 2024
Depositions used in proceedings before the Board are governed
				  by the following Rules:
015.01.
Timing of Deposition
All depositions within this state shall be
				taken at least ten (10) days prior to the date of the hearing, and all
				depositions outside of this state shall be taken at least (15) days prior to
				the hearing date, except for good cause shown in writing.
015.02.
Rules of Depositions
Dispositions shall be taken in accordance with the rules of
				  civil procedure.
015.03.
Official Taking Deposition.
The official taking the deposition shall promptly seal the
				  same along with all exhibits in an envelope and send the same by registered
				  mail to the Director of the Board. The deposition shall reach the Board, except
				  for good cause shown, at least three (3) days prior to the date of hearing at
				  which it is to be offered as evidence. The official taking the deposition;
				  shall give prompt notice of its filing to all parties of
				  record.
Section
					 76-514 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-016 - Notice

Current through June 17, 2024
In any hearing before the Board or before a Hearing Examiner
				  duly appointed by the Board, the Director shall notify the registrant,
				  applicant, or respondent, at least twenty (20) days prior to the date set for
				  the hearing. Such notice shall be in writing and contain an exact statement of
				  the charges against him or her and the date and place of hearing. Such notice
				  may be served by personal delivery to the registrant, applicant or respondent
				  or by registered or certified mail addressed to him or her at his or her last
				  known business address as shown on the registration or application for
				  registration.
Section
					 76-514,
					 76-551 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-017 - Records

Current through June 17, 2024
In any hearing before the Board or before a Hearing Examiner
				  duly appointed by the Board the Director shall cause a verbatim record of the
				  testimony to be made. The respondent or applicant shall receive one copy of the
				  record at no charge to him or her. Additional copies of the record shall be
				  available to the respondent, applicant or any other person t a fee which shall
				  equal the cost of reproduction and handling, as determined by the
				  Director.
Section
					 76-541 and
					 84-913
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 10 - HEARINGS › Section 1-10-018 - Administrative Rules

Current through June 17, 2024
In all cases not covered by these Rules and Regulations, or
				  when these Rules and Regulations shall be in conflict with the administrative
				  Procedures Act, Sections
				  84-901 to
				  84-920, R.R.S. Nebraska, as
				  amended, said Administrative Procedures Act shall control.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 4-1-(1) - GENERAL

Current through June 17, 2024
(a)
SCOPE AND APPLICATION: This rule
				governs hearings before the Commission in connection with the adoption,
				amendment and repeal of rules pursuant to the provisions of section
				84-907,
				R.R.S., 1943, a petition requesting the promulgation, amendment or repeal of
				any rule pursuant to the provisions of section
				84-910,
				R.R.S., 1943, petition and issue of declaratory rulings pursuant to section
				84-912,
				R.R.S., 1943, advisory opinions pursuant to the provisions of sections
				49-14,123(10)
				 and
				49-14,100,
				R.R.S., 1943, contested cases pursuant to the provisions of section
				84-913
				to
				84-915,
				R.R.S., 1943, and preliminary investigation and proceedings pursuant to the
				provisions of sections
				49-14,124
				and
				49-14,125,
				R.R.S., 1943.
(b)
DEFINITIONS: As used in this rule of practice and procedure, unless the context
				otherwise requires:
i
Commission shall mean the Nebraska Accountability and Disclosure
				Commission.
ii
Executive Director shall mean the executive director of the Nebraska
				Accountability and Disclosure Commission.
iii
Staff shall mean persons who
				appear in a proceeding by virtue of their employment by the Nebraska
				Accountability and Disclosure Commission.
iv
Office shall mean the office of
				the Commission which is located at: 11th Floor, State Capitol, P.O. Box 95086,
				Lincoln, Nebraska 68509. Office hours are from 8:00 A.M. to 5:00 P.M., Monday
				through Friday.
v
Filings: When the filing of a pleading or the doing of any act required
				on or before a given date which falls on a Saturday, Sunday, or any legal
				holiday on which the office is closed, the pleading or other act need not be
				filed nor done until the next succeeding working day that the office is open
				for the transaction of business. Filings before or with the Commission in
				connection with hearings may be made by mail but the time of such filings shall
				be upon receipt thereof in the office of the Commission as shown by the
				Commission's receipt stamp or a certified mail return
				receipt.
vi
Act
				shall mean sections
				49-1401
				to
				49-14,138,
				R.R.S., 1943, as the same may be amended from time to time.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 4-1-(2) - ADOPTION, AMENDMENT AND REPEAL OF RULES

Current through June 17, 2024
(a)
PUBLIC HEARING: A public hearing for the adoption, amendment or repeal
				of a rule as defined in section
				84-901(2),
				R.R.S., 1943, shall be called upon a vote of at least five members of the
				Commission at any regular or special meeting thereof and said resolution
				calling for such public hearing shall state the time and place of such public
				hearing and such other terms and conditions for the notice and holding thereof
				as may be determined.
(b)
PUBLICATION AND NOTICE: Unless otherwise provided in said resolution,
				notice of such hearing shall be given at least 30 days prior thereto to the
				Secretary of State and by publication in a newspaper having a general
				circulation in the State. Such hearing shall be open to the public. Draft
				copies or working copies of the rule or regulation to be adopted, amended, or
				repealed shall be available to the public at the office of the Commission and
				the office of the Secretary of State at the time of giving notice. The contents
				of the notice shall comply with the requirements of §
										84-907.
				Copies of said rule, amendment, or matter to be repealed shall be mailed by
				ordinary United States mail upon request.
(c)
HEARING PROCEDURE: The public
				hearing shall be at any regular or special meeting of the Commission and shall
				be conducted by a member of the Commission who shall open the hearing and
				direct that the proposed rule, amendment or matter to be repealed and the
				affidavit of publication of notice be made a part of the record and proceed to
				call for submission of data or views orally or in writing. The rules of
				evidence applicable in the district court shall not apply to such hearing
				except affect shall be given to the rules of privilege recognized by law and
				incompetent, irrelevant, immaterial and unduly repetitious evidence may be
				excluded. Those testifying shall be examined only by members of the Commission
				unless otherwise directed by the member of the Commission conducting the
				hearing.
Such hearing may be closed by the hearing officer or
				  by resolution of the Commission. The Commission may provide by resolution for
				  the receipt of written data or written opinions to be included in the record
				  after the close of the hearing. Except as otherwise provided by resolution of
				  the Commission, the record of the hearing shall consist of the resolutions of
				  the Commission, the names of the persons who appeared on the matter, whom they
				  represent, a brief statement as to their positions and the documentation
				  received, including, but not limited to, the proposed rule, amendment or matter
				  to be repealed, the affidavit of publication of notice, and data or views
				  submitted in writing.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 4-1-(3) - PETITION FOR PROMULGATION, AMENDMENT OR REPEAL OF RULES

Current through June 17, 2024
(a)
PETITION-FORM: A petition for
				the promulgation, amendment or repeal of any rule subject to the authority or
				jurisdiction of the Commission may be filed by any interested person. Such a
				petition shall:
(1) show venue, to
				wit: "Before the Nebraska Accountability and Disclosure Commission";
(2) specify the name and address of the
				petitioner;
(3) state the subject
				matter;
(4) contain a statement
				averring the legal capacity of the petitioner to instigate the proceedings;
(5) state the precise wording of
				the proposed rule or amendment, or the proposed rule to be repealed;
(6) without repetition, state the reasons for
				such promulgation, amendment, or repeal; and
(7) be signed by the petitioner or a duly
				authorized agent and state the address of the person signing the
				same.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 4-1-(4) - DECLARATORY RULINGS

Current through June 17, 2024
(a) PETITION-FORM:
				A petition for a declaratory ruling may be filed by any interested person with
				respect to the applicability to any person, property, or state of facts of any
				rule or statute enforceable by the Commission. The petition shall:
(1) show the venue, to wit: "Before the
				Nebraska Accountability and Disclosure Commission";
(2) contain a heading specifying the subject
				matter, the name and address of the petitioner and, if any, the names and
				addresses of all other parties whom the petitioner alleges to have or claim an
				interest which would be affected by the disposition of the petition by the
				Commission;
(3) contain a
				statement of the grounds upon which the Commission's authority or jurisdiction
				depends;
(4) contain a specific
				statement averring the legal capacity of the petitioner to instigate the
				proceedings;
(5) set forth all
				material facts upon which the declaratory ruling is requested and a demand for
				the relief to which the petitioner supposes himself entitled; and
(6) be signed by the petitioner or by his or
				her attorney in which case the attorney shall also state his or her
				address.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE › Section 4-1-(5) - ADVISORY OPINIONS

Current through June 17, 2024
(a)
REQUEST-FORM-PROCEDURE: Request for official advisory opinions pursuant to the
				provisions of section
				49-14,100
				or section
				49-14,123(10)
				 shall be in writing and shall state the name
				and address of the person or governing body making the request, how that person
				or governing body is directly covered or affected by the Act, the question upon
				which the Commission is to render such opinion, the facts giving rise to such
				question, and the nature of the opinion sought, including authorities relied
				upon for such conclusion. The staff may respond to such request by issuing a
				recommended advisory opinion and notifying the person seeking the same by
				ordinary United States mail as to when and where the person or governing body
				requesting the opinion may be heard by the Commission. The Commission by
				majority vote of at least five members may adopt the same as an official
				advisory opinion or by resolution provide otherwise, and notice by ordinary
				United States mail shall be given to such person or governing body of the
				action of the Commission. The Commission may continue the matter to a fixed
				time and place and from time to time.
(b)
GRIEVANCE WITH ADVISORY OPINION:
				Any person or governing body aggrieved by an official advisory opinion issued
				by the Commission may file a petition for declaratory ruling pursuant to the
				provisions of 1-(4).
(c)
CONFLICTS OF INTEREST: Advisory opinions with respect to conflicts of
				interest sought pursuant to section
				49-14,100
				shall be governed by the same rules and procedures as are provided for advisory
				opinions pursuant to section
				49-14,123(10),
				except that a person seeking such an advisory opinion must also set forth in
				his or her request the nature of the doubt as to the propriety of the action he
				proposes to take. In addition the Commission may treat the filing of a
				Potential Conflict of Interest Statement on the form prescribed by the
				Commission as a request for an advisory opinion as to the steps the Commission
				shall prescribe or advise pursuant to section
				49-1499(2)
				 for an individual with no immediate superior
				to take to remove himself or herself from influence over actions and decisions
				on a matter requiring action and giving rise to a potential conflict on
				interest.
(d)
NON-ISSUANCE: The Commission and staff are not bound to respond to a request or
				to issue an advisory opinion but refusal or failure to issue an advisory
				opinion shall in no way prejudice proceedings by the party requesting the same
				pursuant to the other provisions of this rule.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 2 - DESIGNATION OF INDIVIDUALS REQUIRED TO FILE STATEMENTS OF FINANCIAL INTERESTS › Section 4-2-001 - SCOPE AND APPLICATION

Current through June 17, 2024
Section
				  49-1493(1)
				  through (6) and (9) through (12) designates
				  the public officials and employees required to file Statements of Financial
				  Interests with the Commission. This rule designates the public officials and
				  public employees required to file pursuant to subdivisions (7), (8) and (13) of
				  section
				  49-1493.
				  See sections
				  49-1493
				  to
				  49-1495.
				  Revised Statutes of Nebraska, as to when Statements of Financial Interests must
				  be filed. See sections
				  49-1496
				  to
				  49-1497
				  and NADC Form C-1 for the form and contents of such Statements of Financial
				  Interests.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 4 - RULES AND REGULATIONS FOR DISSOLUTION OF COMMITTEES › Section 4-4-001 - STATUTORY AUTHORITY

Current through June 17, 2024
This rule is adopted pursuant to the provisions of sections
				  49-1453,
				  49-14,123(1)
				   and
				  49-14,123(2),
				  of the Nebraska Statutes.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 4 - RULES AND REGULATIONS FOR DISSOLUTION OF COMMITTEES › Section 4-4-002 - SCOPE AND APPLICATION

Current through June 17, 2024
This rule provides for the dissolution of candidate and other
				  committees as authorized by section
				  49-1453
				  of the Nebraska Political Accountability and Disclosure Act.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 4 - RULES AND REGULATIONS FOR DISSOLUTION OF COMMITTEES › Section 4-4-003 - ALL COMMITTEES

Current through June 17, 2024
.01 A committee may
				terminate only upon filing a statement of dissolution on the appropriate
				Nebraska Accountability and Disclosure form or upon filing a written statement
				containing the same information with the filing officials with whom the
				committee's statement of organization was filed. Only a committee which will no
				longer receive any contributions or make any expenditures may dissolve,
				provided that such committee has no outstanding debts and
				obligations.
.02 In addition to the
				statement of dissolution, the committee shall also file a final Campaign
				Statement covering the period from the closing date of the last Campaign
				Statement filed through the date of dissolution. If the committee has never
				filed a Campaign Statement, the period covered shall begin with the date money
				was first raised, received or expended. Such Campaign Statement shall disclose
				the disposition of unexpended funds and any physical assets of the
				committee.
.03 No unexpended funds
				shall be transferred contrary to the provisions of section
				49-1446.02
				or to any person except a candidate committee, a political party committee, a
				tax exempt charitable institution, the Campaign Finance Limitation Act Cash
				Fund, the State of Nebraska or any agency thereof or a fund of any political
				subdivision of the State subject to the Nebraska Budget Act, or any or all of
				the contributors thereof, provided that no contributor shall receive more than
				he or she contributed.
.04 Any
				physical asset of a dissolving committee must be:
a) sold at a reasonable price with the
				proceeds being transferred as set forth in Section 003.03;
b) donated to a candidate or political party
				committee; or
c) donated to a tax
				exempt charitable institution. In the case of a candidate committee, the
				physical asset(s) of the committee may be retained by the candidate if the
				candidate's contributions to the committee exceed the reasonable value of the
				asset(s) retained. The physical assets of the committee may otherwise be
				purchased by the candidate. If the candidate purchases or otherwise retains a
				physical asset of his or her committee, he or she shall provide to the
				Commission on request, documentation as to the reasonable value of the physical
				asset and the amount of the candidate's contributions to the
				committee.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 4 - RULES AND REGULATIONS FOR DISSOLUTION OF COMMITTEES › Section 4-4-004 - CANDIDATE COMMITTEES

Current through June 17, 2024
A candidate committee may be dissolved in the same manner as
				  provided in section 003, except that a candidate committee of a person who is
				  an incumbent, eligible for re-election to the same office, may not dissolve
				  unless its statement of dissolution contains an additional verified declaration
				  of such person that he or she has not filed and will not file for re-election
				  to the same office or has withdrawn such filing.
.01 A candidate committee of an officeholder
				eligible for reelection to the same office may be dissolved if the officeholder
				is seeking election to a different office and has established a separate
				candidate committee for that purpose. The committee shall be dissolved in the
				same manner as provided in section 003.
.02 An officeholder who is eligible for
				reelection may dissolve his or her candidate committee upon a showing that all
				of the following factors apply:
.002A The
				committee has no cash balance;
.002B
				The committee has no outstanding debts;
.002C The committee showed no activity on its
				last annual Campaign Statement;
.002D The candidate and treasurer agree to
				accept no contributions and make no expenditures until the calendar year in
				which the candidate next seeks reelection.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 4 - RULES AND REGULATIONS FOR DISSOLUTION OF COMMITTEES › Section 4-4-005 - ADMINISTRATIVE DISSOLUTION

Current through June 17, 2024
.01 The Commission,
				on its own initiative, or upon the request of the committee itself, may
				commence an administrative dissolution process against a political committee if
				it finds any one of the following:
.01A The
				committee's Campaign Statement for the last reporting period for which a
				statement was filed discloses that neither contributions nor expenditures
				exceeded $2,000;
.01B The
				committee's last Campaign Statement disclosed no receipt of contributions for
				the last reporting period;
.01C The
				committee's last Campaign Statement disclosed minimal expenditures;
.01D The committee's primary purpose for
				filing Campaign Statements has been to disclose outstanding debts and
				obligations;
.01E The committee has
				not filed a Campaign Statement for the last reporting period;
.01F The committee's last Campaign Statement
				disclosed that the committee does not have substantial outstanding accounts
				receivable;
.01G The committee's
				outstanding debts and obligations exceed the total of its cash on
				hand;
.01H The committee has never
				raised, received, no expended more than $2,000 in any calendar year period as
				provided in§
										49-1413 or as
				such section may be amended from time to time by the
				Legislature.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 4 - RULES AND REGULATIONS FOR DISSOLUTION OF COMMITTEES › Section 4-4-006 - CANDIDATE COMMITTEE CONTRIBUTIONS TO OTHER CANDIDATES

Current through June 17, 2024
No candidate committee shall make a contribution to or an
				  independent expenditure on behalf of another candidate committee except
				  pursuant to the provisions of section
				  49-1479(2)
				   or upon dissolution pursuant to this
				  rule.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 4 - RULES AND REGULATIONS FOR DISSOLUTION OF COMMITTEES › Section 4-4-007 - PRESERVATION OF RECORDS

Current through June 17, 2024
The records of a committee shall be preserved for a period of
				  five (5) years following the dissolution of the committee. The preservation of
				  committee records is the responsibility of the committee treasurer. In the case
				  of a candidate committee, the preservation of committee records is the joint
				  responsibility of the committee treasurer and the candidate.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 5 - RULES AND REGULATIONS FOR THE CONDUCT OF MEETINGS SUBJECT TO THE PROVISIONS OF THE PUBLIC MEETINGS ACT › Section 4-5-(1) - MINUTES AND VOTING

Current through June 17, 2024
Except with respect to closed sessions requiring
				  confidentiality pursuant to the provisions of the Nebraska Political
				  Accountability and Disclosure Act and hearings in contested cases, minutes of
				  all meetings shall be kept showing the time, place, members present and absent,
				  and the substance of all matters discussed, any action taken on any question
				  shall be upon motion, second and roll call vote in open session and the minutes
				  shall show how each member voted, or if the member was absent or not
				  voting.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 5 - RULES AND REGULATIONS FOR THE CONDUCT OF MEETINGS SUBJECT TO THE PROVISIONS OF THE PUBLIC MEETINGS ACT › Section 4-5-(2) - CONFIDENTIALITY AND CLOSED SESSIONS

Current through June 17, 2024
In connection with matters subject to the provisions of
				  sections
				  49-14,124
				  and
				  49-14,125,
				  the Commission shall go into closed session upon resolution designating the
				  time and the purpose of considering complaints pursuant to the confidentiality
				  and closed session provisions of the Nebraska Political Accountability and
				  Disclosure Act. Any action taken in closed session in connection with
				  complaints shall be treated as proceedings and records relating to preliminary
				  investigations or hearings on complaints and shall be confidential pursuant to
				  the provisions of section
				  49-14,124
				  and
				  49-14,125,
				  and no action shall be taken upon such matters when the meeting reconvenes in
				  open session.
The vote to hold such a closed session shall be taken in open
				  session and the vote of each member on the question of holding a closed session
				  for the purpose of considering complaints or holding a closed hearing pursuant
				  to the provisions of the Nebraska Political Accountability and Disclosure Act
				  and the time when the closed session commenced and concluded shall be recorded
				  in the minutes.
Except as provided for herein, closed sessions shall be held
				  as otherwise provided in section
				  84-1410
				  of the Public Meetings Act.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 5 - RULES AND REGULATIONS FOR THE CONDUCT OF MEETINGS SUBJECT TO THE PROVISIONS OF THE PUBLIC MEETINGS ACT › Section 4-5-(3) - RIGHT OF THE PUBLIC TO BE HEARD

Current through June 17, 2024
Except during closed sessions and hearings in contested
				  cases, the public shall have a right to attend and be heard at public meetings
				  of the Commission, and all or any part of the meetings of the Commission may be
				  recorded by any person in attendance by means of a tape recorder of any other
				  means of sonic reproduction or in writing. Unless otherwise provided by
				  resolution of the Commission at any regular or special meeting, such rights to
				  attend and be heard and the use of recording equipment shall be subject to the
				  direction of the chairperson.
Nebraska Administrative Code › Topic - ACCOUNTABILITY AND DISCLOSURE COMMISSION › Title 4 - NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION › Chapter 6 - RULES AND REGULATIONS FOR LOBBYING › Section 4-6-001 - SCOPE AND APPLICATION

Current through June 17, 2024
This rule interprets the provisions of the Nebraska Political
				  Accountability and Disclosure Act pertaining to Lobbying Practices as set forth
				  in Sections
				  49-1480
				  to
				  49-1492.01,
Neb. Rev. Stat.
Its purpose is to define terms and delineate
				  requirements for the registration of lobbyists, reporting of receipts and
				  expenditures by principals and lobbyists, reporting legislation acted upon by
				  lobbyists and record keeping.