reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-007 - DECLARATORY ORDER PROCEEDINGS

Current through June 17, 2024
007.01 Oral argument shall be had only on
				specific order of the Department. A petitioner, intervenor, necessary party, or
				the Department may submit a motion for oral argument to the Director. If
				opportunity for oral argument is granted, then argument shall be scheduled to
				be conducted not more than thirty (30) days after filing of the petition for
				declaratory order. Petitioner and all other parties or, when represented, their
				attorneys, shall be served with a notice of the date, time, and location for
				oral argument. The Department shall provide each of the parties with notice of
				the proceeding not less than seven (7) days in advance of the scheduled date.
				Service shall be made by certified mail, return receipt requested. The
				Department may allocate the cost of holding oral argument among the parties
				participating in the declaratory action as it determines appropriate.
007.02 Oral argument will be made before a
				hearing officer or before any representative of the Department who is
				authorized to render or to recommend a decision to the Director. The hearing
				officer or Department representative shall be in control of the proceeding and
				shall:
007.02A Identify the proceeding and
				introduce himself or herself and identify each party for the record;
007.02B Hear the oral argument of the
				petitioner, intervenor, or necessary parties; and
007.02C Close the proceedings.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-008 - ISSUANCE OF DECLARATORY ORDER

Current through June 17, 2024
008.01 The Department shall issue its order
				on the petition for declaratory relief within sixty (60) days of the date on
				which the petition was filed.
008.02 The order shall be in writing and
				shall include the following:
008.02A The names
				of all parties to the proceeding upon which the order is based;
008.02B The facts upon which the order is
				based;
008.02C The statute, rule,
				or order at issue in the matter;
008.02D The Department's conclusion as to the
				applicability of the statute, rule, or order to the facts;
008.02E The Department's conclusion as to the
				legal effect or result of applying the statute, rule, or order to the facts;
				and
008.02F The reasons relied upon
				by the Department to support its conclusions.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-009 - CIRCUMSTANCES UNDER WHICH THE DEPARTMENT WILL NOT ISSUE DECLARATORY ORDERS

Current through June 17, 2024
009.01 Grounds upon which the Department
				shall refuse to issue a declaratory order include, but are not limited to, the
				following:
009.01A The petition requests a
				declaratory order on a matter that is outside the scope of authority of the
				Department;
009.01B The petition
				requests review of a decision made by the Department in a contested
				case;
009.01C The petition requests
				a declaratory order on the effect of past conduct;
009.01D An investigation for purposes of a
				formal adjudication, a contested case, or a petition to issue, amend, or repeal
				rules involving the petitioner on substantially the same or similar facts or
				issues raised in the petition is pending before the Department;
009.01E The petition seeks a declaration that
				a statute or rule is unconstitutional or invalid;
009.01F The issue raised in the petition has
				been settled by a change in circumstances or other means so as to render moot
				the need for a declaratory order;
009.01G An order 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;
009.01H An order
				would not resolve the controversy or uncertainty; or
009.01I The question posed or facts presented
				are not sufficiently specific, are overly broad, or are otherwise inappropriate
				as a basis upon which to decide the matter.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS › Section 49-5-010 - APPEAL

Current through June 17, 2024
An order on a petition for declaratory relief is subject to
				  review in the manner provided for review of contested cases by the APA.
				  Specific procedures for appeal are set forth in the APA.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-001 - GENERAL

Current through June 17, 2024
001.01 This Rule has been promulgated
				pursuant to authority delegated to the Director of the Department in Section
				84-919.01
				of the APA.
001.02 The Department
				has determined that this Rule is in the public interest.
001.03 The definitions in 49 NAC 1.002 shall
				apply to the provisions of this Rule, unless otherwise specified.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-002 - NEGOTIATED RULEMAKING GENERALLY

Current through June 17, 2024
This Rule establishes a framework for the conduct of
				  negotiated rulemaking consistent with the APA and the Negotiated Rulemaking
				  Act,
Neb
.
Rev
.
Stat
. §§
									84-921
				  to
				  84-932.
				  Negotiated rulemaking is not a substitute for the requirements of the APA, but
				  may be used as a supplemental procedure to development of new rules or the
				  amendment or repeal of existing rules. The negotiated rulemaking process does
				  not preclude other efforts or processes designed to reach consensus with
				  affected or interested persons concerning the content of rules or regulations.
				  A consensus agreement on a proposed rule reached by a negotiated rulemaking
				  committee may be modified by the Department as a result of a subsequent formal
				  rulemaking process.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-003 - DEFINITIONS

Current through June 17, 2024
For purposes of this Rule, the following additional
				  definitions shall apply:
003.01
				Consensus means unanimous concurrence among the interests represented on a
				negotiated rulemaking committee unless the committee agrees upon another
				specified definition.
003.02
				Convenor means a person who impartially assists the Department in determining
				whether establishment of a negotiated rulemaking committee is feasible and
				appropriate for a particular rulemaking procedure.
003.03 Facilitator means a person who
				impartially aids in the discussion and negotiations among the members of a
				negotiated rulemaking committee to develop a proposed rule. A facilitator shall
				not have decisionmaking authority.
003.04 Interest means, with respect to an
				issue or matter, multiple parties that have a similar point of view or that are
				likely to be affected in a similar manner.
003.05 Negotiated rulemaking means rulemaking
				through the use of a negotiated rulemaking committee.
003.06 Negotiated rulemaking committee means
				an advisory committee established to consider and discuss issues for the
				purpose of reaching a consensus in the development of a proposed
				rule.
003.07 Person means an
				individual, partnership, limited liability company, corporation, association,
				governmental subdivision, agency, or public or private organization of any
				character.
003.08 Rule or
				regulation means any rule, regulation, or standard issued by the Department,
				including the amendment or repeal thereof whether with or without prior
				hearing, and designed to implement, interpret, or make specific the law
				enforced or administered by it or governing its organization or procedure, but
				not including rules and regulations concerning the internal management of the
				Department not affecting private rights, private interests, or procedures
				available to the public and not including permits, certificates of public
				convenience and necessity, franchises, rate orders and rate tariffs, and any
				rules of interpretation thereof. For the purpose of this Rule, every rule and
				regulation which shall prescribe a penalty shall be presumed to have general
				applicability or to affect private rights and interests.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-004 - ESTABLISHMENT OF A NEGOTIATED RULEMAKING COMMITTEE; CRITERIA

Current through June 17, 2024
The Department may establish a negotiated rulemaking
				  committee to negotiate and develop a proposed rule if the Director determines
				  that the use of the negotiated rulemaking procedure is in the public interest.
				  In making that determination, the Director shall consider whether:
004.01 There is a need for the
				rule.
004.02 There are a limited
				number of identifiable interests that will be significantly affected by the
				rule.
004.03 There is a reasonable
				likelihood that a negotiated rulemaking committee can be convened with a
				balanced representation of the persons who:
004.03A Can adequately represent the
				interests identified; and
004.03B
				Are willing to negotiate in good faith to reach a consensus on the proposed
				rule.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-005 - CONVENORS; SELECTION; DUTIES

Current through June 17, 2024
The Department, at the discretion of the Director, may use
				  the services of a convenor.
005.01 The
				Department may employ or contract for an organization or an individual to serve
				as a convenor, or may use the services of a state employee to act as a
				convenor. A convenor shall not have a financial or other interest that would
				preclude him or her from serving in an impartial and independent manner. The
				Department shall determine whether a person under consideration as a convenor
				has such an interest. A person disqualified under this criterion shall be
				dropped from further consideration.
005.02 The convenor may assist the Department
				in making the determination of need for a negotiated rulemaking process
				discussed in Section 004 of this Rule. The convenor may also assist the
				Department in:
005.02A Identifying persons who
				will be significantly affected by a proposed rule; and
005.02B Conducting discussions with affected
				persons on the issues of concern and ascertaining whether the establishment of
				a negotiated rulemaking committee is feasible and appropriate for the
				particular rulemaking.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-006 - PETITIONS FOR THE USE OF A NEGOTIATED RULEMAKING COMMITTEE

Current through June 17, 2024
Any person may petition the Department to request the use of
				  a negotiated rulemaking committee in the development or revision of a rule, as
				  provided below.
006.01 A negotiated
				rulemaking process may be requested on any topic appropriate for a rule by the
				Department.
006.01A A negotiated rulemaking
				process may be requested only to develop or revise rules which carry out
				statutes that are within the authority of the Department to
				implement.
006.01B A negotiated
				rulemaking process may not be requested to develop a rule to vary or change the
				specific terms of a statute.
006.01C A negotiated rulemaking process may
				not be requested to negotiate a rule on a matter which is not within the
				definition of a rule as set forth in Section 003.08 of this Rule.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-007 - NOTICE OF A NEGOTIATED RULEMAKING COMMITTEE; COMMENT; APPLICATIONS FOR MEMBERSHIP

Current through June 17, 2024
If a negotiated rulemaking committee is established, the
				  Department shall use the following process to select committee
				  membership:
007.01 The Department shall
				give notice to the Nebraska Secretary of State, publish notice in a newspaper
				having general circulation in the state, and, as appropriate, publish notice in
				other newspapers and publications. The notice shall include:
007.01A An announcement that the Department
				intends to establish a negotiated rulemaking committee to negotiate and develop
				a proposed rule.
007.01B A
				description of the subject and scope of the rule to be developed and the issues
				to be considered.
007.01C A list of
				interests likely to be significantly affected by the proposed rule.
007.01D A list of the persons proposed to
				represent the affected interests, if known, and the Department.
007.01E A proposed schedule for completing
				the work of the negotiated rulemaking committee.
007.01F An explanation of how a person may
				apply for or nominate another person for membership on the negotiated
				rulemaking committee.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-008 - ESTABLISHMENT OF A NEGOTIATED RULEMAKING COMMITTEE; PROCEDURE

Current through June 17, 2024
After publication of notice and termination of the comment
				  and membership application period, the Department will consider the comments
				  and membership applications for a particular negotiated rulemaking committee
				  and determine whether such a negotiated rulemaking committee can adequately
				  represent the interests of the persons that will be significantly affected by a
				  proposed rule, and whether such a negotiated rulemaking committee is feasible
				  and appropriate in the particular rulemaking. In making the final determination
				  as to creation of a negotiated rulemaking committee, the Department may use the
				  services of a convenor as set out in Section 005 of this Rule. In making the
				  final determination as to creation of a negotiated rulemaking committee, the
				  Department will apply the criteria set out in Section 004 of this Rule.
008.01 If, after such a determination, the
				Department decides that a negotiated rulemaking procedure is feasible, it shall
				establish a negotiated rulemaking committee as provided in this Rule. The
				negotiated rulemaking committee will negotiate issues and develop proposed
				rules for use by the Department in formal rulemaking.
008.02 If, after such a determination, the
				Department decides not to establish a negotiated rulemaking committee, the
				Department shall:
008.02A Notify the persons
				who commented on, applied for membership on, or nominated persons for
				membership on the particular negotiated rulemaking committee of the reasons for
				the decision not to establish such a negotiated rulemaking committee.
008.02B Publish notice of the decision not to
				establish the particular negotiated rulemaking committee in a newspaper having
				general circulation in the state, and, as appropriate, in other newspapers and
				publications.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-009 - NEGOTIATED RULEMAKING COMMITTEE; MEMBERSHIP

Current through June 17, 2024
All members of a negotiated rulemaking committee shall
				  participate in the deliberations of the negotiated rulemaking committee with
				  the same rights and responsibilities as other members.
009.01 Members of a negotiated rulemaking
				committee may include:
009.01A A person
				designated by the Department to represent the Department. This person shall be
				authorized to fully represent the Department in the discussions and
				negotiations of the negotiated rulemaking committee.
009.01B Persons selected by the Department as
				willing and qualified to represent the interests that will be significantly
				affected by the proposed rule.
009.01C Persons contacted and recruited by
				the negotiated rulemaking committee itself by consensus as essential to the
				success of the negotiated rulemaking process.
009.01D Persons selected by the negotiated
				rulemaking committee by consensus upon review of a petition for membership or
				nomination as set out in Section 009.02 of this Rule.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-010 - NEGOTIATED RULEMAKING COMMITTEE; OPERATION

Current through June 17, 2024
A negotiated rulemaking committee established under this
				  Rule shall consider the matter proposed by the Department for consideration and
				  shall attempt to reach consensus concerning a proposed rule and any other
				  matter the negotiated rulemaking committee determines is relevant to the
				  proposed rule.
010.01 A negotiated
				rulemaking committee may adopt procedures or ground rules for the operation of
				the negotiated rulemaking committee consistent with this Rule and the pertinent
				Nebraska statutes.
010.02 The
				Department shall provide appropriate administrative support to a negotiated
				rulemaking committee including technical assistance and support.
010.03 The person representing the Department
				on a negotiated rulemaking committee shall participate in the deliberations of
				the negotiated rulemaking committee with the same rights and responsibilities
				as other members of the negotiated rulemaking committee and shall be authorized
				to fully represent the Department in the discussions and negotiations of the
				negotiated rulemaking committee.
010.04 If a negotiated rulemaking committee
				achieves consensus on a proposed rule at the conclusion of the negotiations,
				the negotiated rulemaking committee shall transmit to the Department a report
				containing the proposed rule.
010.05 If a negotiated rulemaking committee
				does not reach a consensus on the proposed rule, the negotiated rulemaking
				committee shall transmit to the Department a report specifying areas in which
				the negotiated rulemaking committee reached consensus and the issues that
				remain unresolved. The negotiated rulemaking committee may include in the
				report any other information, recommendations, or materials that the committee
				considers appropriate. Any member of the negotiated rulemaking committee may
				include as an addendum to the report additional information, recommendations or
				materials.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-011 - FACILITATORS; SELECTION; DUTIES

Current through June 17, 2024
A facilitator shall be selected to assist a negotiated
				  rulemaking committee with its duties.
011.01 The Department may nominate a person
				to serve as a facilitator for the negotiations of a negotiated rulemaking
				committee, subject to the approval of the negotiated rulemaking committee by
				consensus. If the negotiated rulemaking committee does not approve the
				Department's nominee for facilitator, the Department shall submit a substitute
				nominee. If the negotiated rulemaking committee does not approve the substitute
				nominee of the Department for facilitator, the negotiated rulemaking committee
				shall select, by consensus, a person to serve as facilitator.
011.02 The Department may employ or contract
				for an organization or an individual to serve as a facilitator for a negotiated
				rulemaking committee or the Department may use the services of a state employee
				to act as a facilitator. A person designated by the Department to represent it
				on a negotiated rulemaking committee with respect to substantive issues may not
				serve as the facilitator. A facilitator shall not have a financial or other
				interest that would preclude him or her from serving in an impartial and
				independent manner. The Department shall determine whether a person under
				consideration for facilitator has such an interest. A person disqualified under
				this criterion shall be dropped from further consideration.
011.03 A facilitator approved or selected by
				a negotiated rulemaking committee shall:
011.03A Preside at the meetings of the
				negotiated rulemaking committee in an impartial manner.
011.03B Impartially assist members in
				conducting discussions and negotiations and achieving consensus.
011.03C Manage the keeping of minutes and
				records of negotiated rulemaking committee meetings, reports and
				decisions.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-012 - NEGOTIATED RULEMAKING COMMITTEE; EXPENSES

Current through June 17, 2024
Members of a negotiated rulemaking committee shall be
				  responsible for their own expenses of participation. However, the Department
				  may pay for a negotiated rulemaking committee member's actual and necessary
				  expenses incurred in serving on the negotiated rulemaking committee as provided
				  in
Neb
.
Rev
.
Stat
. §§
									81-1174
				  through
				  81-1177
				  and a reasonable per diem rate of compensation if:
012.01 The negotiated rulemaking committee
				member certifies a lack of adequate financial resources to participate on the
				negotiated rulemaking committee using Form 49-6 -6 which is attached to these
				regulations and incorporated herein by reference.
012.02 The Department determines that the
				negotiated rulemaking committee member's participation is necessary to assure
				an adequate representation of the interests of the members.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-013 - GRANTS OR GIFTS

Current through June 17, 2024
The Department may accept grants or gifts from any source to
				  fund a negotiated rulemaking process if:
013.01 Information on the name of the person
				giving the grant or gift and the amount of the grant or gift is available to
				the public.
013.02 The grant or
				gift is given to and accepted by the Department without placing any condition
				on the membership of a negotiated rulemaking committee or the outcome of the
				negotiated rulemaking process.
013.03 There is a consensus among the members
				of the negotiated rulemaking committee that the acceptance of the grant or gift
				will not diminish the integrity of the negotiated rulemaking process.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-014 - NEGOTIATED RULEMAKING COMMITTEE; TERMINATION

Current through June 17, 2024
A negotiated rulemaking committee shall terminate upon the
				  adoption of the final rule under consideration by the Department pursuant to
				  the APA, unless the Department, after consulting the negotiated rulemaking
				  committee, or the negotiated rulemaking committee itself sets an earlier
				  termination date.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 6 - RULE OF PROCEDURE FOR NEGOTIATED RULEMAKING › Section 49-6-015 - NEGOTIATED RULEMAKING PROCEDURE; JUDICIAL REVIEW

Current through June 17, 2024
Any action of the Department relating to establishing,
				  assisting or terminating a negotiated rulemaking committee under the Negotiated
				  Rulemaking Act shall not be subject to judicial review, except that nothing in
				  this Section shall bar judicial review if such judicial review is otherwise
				  provided by law.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 7 - RULE OF PROCEDURE FOR PETITIONING FOR RULE MAKING › Section 49-7-001 - GENERAL

Current through June 17, 2024
001.01 This Rule has been promulgated
				pursuant to authority delegated to the Director of the Department in Section
				84-909
				of the APA.
001.02 The Department
				has determined that this Rule is in the public interest.
001.03 The definitions in 49 NAC 1.002 shall
				apply to the provisions of this Rule, unless otherwise specified.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 7 - RULE OF PROCEDURE FOR PETITIONING FOR RULE MAKING › Section 49-7-002 - RULEMAKING PETITION

Current through June 17, 2024
002.01
Petition
Any person may petition the Department requesting the
				  promulgation, amendment, or repeal of a rule or regulation.
002.02
Form
The petition shall:
002.02A Be clearly designated as a petition
				for a rule change.
002.02B In the
				case of a proposed new rule or amendment of an existing rule, shall set forth
				the desired rule in its entirety.
002.02C 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
				Department rule number.
002.02D
				Describe the reason for the rule change.
002.02E Include an address, telephone number
				and e-mail address, if applicable, where the petitioner can be reached during
				regular work hours.
002.02F Be
				signed by:
002.02F1 The petitioner or his or
				her attorney, in which case the attorney shall also state his or her address,
				telephone number and e-mail address, if applicable; or
002.02F2 A duly authorized officer of the
				petitioner, if petitioner is a corporation or other legal entity.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 49 - DEPARTMENT OF BANKING AND FINANCE › Chapter 7 - RULE OF PROCEDURE FOR PETITIONING FOR RULE MAKING › Section 49-7-003 - PETITION CONSIDERATION AND DISPOSITION

Current through June 17, 2024
Within sixty (60) days after submission of a petition which
				  meets the requirements of Section 002 of this Rule, the Department shall
				  either:
003.01 Deny the petition in
				writing, stating its reasons therefor;
003.02 Initiate rulemaking proceedings in
				accordance with the APA; or
003.03
				If otherwise lawful, adopt a rule.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 50 - DEPARTMENT OF BANKING AND FINANCE › Chapter 1 - DISCLOSURE REQUIREMENTS FOR CONSUMER RENTAL PURCHASE AGREEMENTS › Section 50-1-001 - Scope and Application

Current through June 17, 2024
By authority delegated to the Department, in the Consumer
				  Rental Purchase Agreement Act, to promulgate rules, the Director finds that
				  consumer rental purchase agreements may be substantially in the form of the
				  model agreement contained in this rule.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 50 - DEPARTMENT OF BANKING AND FINANCE › Chapter 1 - DISCLOSURE REQUIREMENTS FOR CONSUMER RENTAL PURCHASE AGREEMENTS › Section 50-1-002 - Required Terms and Type-set

Current through June 17, 2024
The "Rental Purchase Disclosures" specified herein must be
				  set forth in not less than eight-point standard type. The "Notice to Consumer"
				  must be placed either immediately above or adjacent to the place for the
				  signature of the consumer, in boldface, ten-point type.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 50 - DEPARTMENT OF BANKING AND FINANCE › Chapter 1 - DISCLOSURE REQUIREMENTS FOR CONSUMER RENTAL PURCHASE AGREEMENTS › Section 50-1-003 - Additional Terms

Current through June 17, 2024
A Lessor's form may include additional terms of agreement not
				  included in the model form, provided that all such terms comply with the
				  Consumer Rental Purchase Agreement Act and any other applicable state or
				  federal laws, and provided that they do not detract from or contradict the
				  required disclosures and terms of the agreement. All terms must be written in
				  clear, plain language.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 50 - DEPARTMENT OF BANKING AND FINANCE › Chapter 1 - DISCLOSURE REQUIREMENTS FOR CONSUMER RENTAL PURCHASE AGREEMENTS › Section 50-1-004 - Nebraska Model Form

Current through June 17, 2024
See attached pages 2 through 6 of this rule. As this entire
				  document is set forth in larger-than-ten-point type, pages 2 through 6 can be
				  photocopied for actual use.
Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 50 - DEPARTMENT OF BANKING AND FINANCE › Chapter 1 - DISCLOSURE REQUIREMENTS FOR CONSUMER RENTAL PURCHASE AGREEMENTS › Form - NEBRASKA CONSUMER RENTAL PURCHASE AGREEMENT

Current through June 17, 2024
Click here to
				  view
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				  view
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				  view
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				  view
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				  view
Nebraska Administrative Code › Topic - BEEF INDUSTRY DEVELOPMENT BOARD › Title 56 - NEBRASKA BEEF INDUSTRY DEVELOPMENT BOARD › Chapter 1 - NEBRASKA BEEF BOARD RULES › Section 56-1-001 - Administration of the Board

Current through June 17, 2024
001.01
Officers
. The officers of the board shall be:
				chairman, vice-chairman, secretary and treasurer. Officers shall be elected
				annually.
001.02
Quorum
. No action may be taken by the board unless a
				quorum is present. A quorum shall consist of four members. Four affirmative
				votes shall be necessary to adopt any commodity program to adopt any budget, to
				adopt, amend or repeal any rule and regulation of the board, to change the
				assessment rate, and to authorize the expenditure of funds and contracting of
				expenditures from the Nebraska Beef Industry Development Fund. On any other
				motion before the board, the concurrence of a majority of those present shall
				be sufficient.
001.03
Board Members
. The board shall meet at the call of the
				chair-person in accordance with the Act. The chairman shall cause due notice to
				be transmitted to each member within a reasonable amount of time prior to the
				meeting. Members shall simultaneously be provided with copies of a tentative
				agenda and any other relevant material. Notice and conduct of all meetings, and
				minutes therefor, shall be in accordance with the Nebraska Open Meetings Law,
Neb
.
Rev
.
Stat
. §§
									84-1401 to
				84-1414
				(Reissue 1976). The board shall conduct its business in accordance with
				Robert's Rules of Order, Revised, insofar as they are consistent with this
				rule.
001.04
Public
				Participation
. The chairman may at his discretion allow persons
				attending meetings, other than board members, to speak to the extent that the
				chairman determines such participation will not materially impede the progress
				of the meeting. Any person violating this subsection shall be declared out of
				order.
001.05
Check off
				Fee
.
001.05A The checkoff fee my
				be changed by the board as provided by the Act. Before any action thereon nay
				be taken, the board shall conduct public hearings for such purpose. Whenever
				the fee is changed, the board shall cause reasonable advance notice to be
				given.
001.05B Effective May 1,
				1983, the checkoff fee shall be 25¢ per head.
Nebraska Administrative Code › Topic - BEEF INDUSTRY DEVELOPMENT BOARD › Title 56 - NEBRASKA BEEF INDUSTRY DEVELOPMENT BOARD › Chapter 1 - NEBRASKA BEEF BOARD RULES › Section 56-1-002 - Board Office

Current through June 17, 2024
The office of the Board shall be in Kearney, Nebraska, at the
				  following address:
Nebraska Beef Industry Development Board
Rovar Park, Building 1, Unit 1
East Highway 30
Kearney, Nebraska 68847-2408
The telephone, number of the Board is (308)
				  236-7551.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-001 - Statement of Purpose

Current through June 17, 2024
The purpose of these regulations is to aid in the
				  administration of the Beginning Farmer Tax Credit Act,
Neb
.
Rev
.
Stat
. §§
									77-5201
				  to
				  77-5215.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-002 - Administration

Current through June 17, 2024
These regulations will be administered by the Beginning
				  Farmer Board. For administrative and budgetary purposes only, the Board will be
				  housed within the Nebraska Department of Agriculture located in the State
				  Office Building, Fourth Floor, 301 Centennial Mall South, Lincoln, Nebraska.
				  The mailing address is P.O. Box 94947, Lincoln, Nebraska 68509-4947. The
				  telephone number is 800-446-4071.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-003 - Definitions

Current through June 17, 2024
The definition of terms found in the Beginning Farmer Tax
				  Credit Act and those listed below will apply to such terms when found in these
				  regulations.
003.01 ACT means the
				Beginning Farmer Tax Credit Act,
Neb
.
Rev
.
Stat
. §§
									77-5201
				to
				77-5215.
003.02 RELATIVE means an individual related
				by consanguinity (blood) within the third degree as determined by the common
				law, a spouse, or an individual related to a spouse within the third degree as
				so determined, and includes an individual in an adoptive relationship within
				the third degree as defined in Neb. Rev. Stat. §
									36-702.
003.02A The term RELATIVE shall apply to
				third degree relatives which include great grandparents, aunts and uncles,
				nieces and nephews, and great grandchildren.
003.02B The term RELATIVE shall not apply to
				fourth degree relatives which include great, great grandparents, great aunts
				and uncles, first cousins, grand nieces and nephews and great, great grand
				children.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-004 - Beginning Farmer or Livestock Producer Qualifications

Current through June 17, 2024
004.01 Demonstrates
				a need for assistance by having a total family net worth at the time of
				application of not more than the amount established by §
									77-5209
				of the Act.
004.01A The beginning farmer's or
				livestock producer's total family assets, valued at their fair market value,
				less the beginning farmer's or livestock producer's total family indebtedness,
				will constitute as the net worth;
004.01B The current net worth statement,
				supported by a list of all assets and liabilities such as a detailed balance
				sheet, must be signed and dated (within twelve months of the application date)
				by the beginning farmer and a professional such as a lawyer, banker, loan
				officer, or an accountant, who gives his or her title and states in writing
				that the information appears to be accurate;
004.01C The Board has the authority to
				request an updated net worth statement.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-005 - Owner of Agricultural Assets Qualifications

Current through June 17, 2024
005.01 An individual
				or a trustee who has an ownership interest in an agricultural asset located
				within the State of Nebraska.
005.02 A trust, partnership, corporation,
				limited liability company, or other business entity having an ownership
				interest in an agricultural asset located within the State of
				Nebraska.
005.03 The Board agrees
				not to discriminate against any applicant on the basis of race, color,
				religion, national origin, sex or disability.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-006 - Rental Agreement

Current through June 17, 2024
006.01 An owner of
				agricultural assets and/or beginning farmer must provide a copy of the rental
				agreement of at least three years signed and dated by the beginning farmer and
				the owner of agricultural assets which includes:
006.01A The names of the beginning farmer and
				owner of agricultural assets;
006.01B Time frame of the rental
				agreement;
006.01C The legal
				description of the rented land and/or the identifying information on all other
				rented assets;
006.01D The method
				of rent payment and payment schedule;
006.01D(1) For cash rent, a statement of the
				cash rents to be paid and payment schedule each year of the rental agreement;
				or
006.01D(2) For share rent
				agreements, utilize a method determined by the Board to establish a fair and
				reasonable cash equivalent of the dollar amounts of the owner's predetermined
				portion of the share rent agreement to be paid each year of the rental
				agreement.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-007 - Tax Credits

Current through June 17, 2024
007.01 A tax credit
				may be granted to the owner of agricultural assets each year for a period of up
				to three years;
007.01A Each agricultural
				asset will not be eligible as part of the Act more than three years, except as
				allowed in 91 NAC 1-007.02;
007.01B
				An owner of agricultural assets may receive a tax credit on more than one lease
				with different parties or with the same party during the same three-year
				period;
007.01C An agricultural
				asset may receive tax credits from one to three years while being owned by one
				owner except as allowed in 91 NAC 1-007.02; and
007.01D A qualified beginning farmer or
				livestock producer may be eligible to rent or lease more than one agricultural
				asset from one or more qualified owners of agricultural assets.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-008 - Financial Management Program Certification

Current through June 17, 2024
The qualified beginning farmer or livestock producer shall be
				  allowed a one-time credit to be applied against the state income tax liability
				  of such individual for the cost of participation in an approved financial
				  management program required for eligibility under §
									77-5209
				  of the Act. The amount of the credit shall be the actual cost of participation
				  in an approved program incurred during the tax year for which the credit is
				  claimed, up to a maximum of five-hundred dollars.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-009 - Beginning Farmer Personal Property Tax Exemption Certification

Current through June 17, 2024
009.01 The qualified
				beginning farmer as defined in 91 NAC
				1-004 that is eligible for the Personal
				Property Tax Exception will apply for a Certificate of Eligibility on or before
				November 1st of the year preceding the year for
				which the exemption is to begin.
009.01A The
				beginning farmer's Certificate of Eligibility may be presented to their county
				assessor within three years of Board approval should they apply for the
				Personal Property Tax Exemption without an owner and a three-year rental
				agreement.
009.01B The beginning
				farmer's Certificate of Eligibility may be presented to the county assessor in
				year 1, year 2, or year 3 of their three year rental agreement when applying
				with an owner and a three-year rental agreement.
009.01C The Personal Property Tax Exemption
				shall be in effect for a period of three-years.
Nebraska Administrative Code › Topic - BEGINNING FARMER BOARD › Title 91 - BEGINNING FARMER BOARD › Chapter 1 - BEGINNING FARMER TAX CREDIT ACT REGULATIONS › Section 91-1-010 - Tax Credit or Personal Property Tax Exemption Denial

Current through June 17, 2024
If the application of any beginning farmer, livestock
				  producer, or owner of agricultural assets is denied by the Board, a notice that
				  includes the reason for denial will be sent to the applicant. The applicant may
				  appeal the decision in accordance with the Administrative Procedure
				  Act.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 2 - LICENSING OF INDIVIDUALS › Section 51-2-001 - FORM

Current through June 17, 2024
Every license issued shall be in the form of a certificate
				  which shall have thereon:
001.01 The
				name of the applicant.
001.02 The
				class of license.
001.03 The date
				on which issued.
001.04 The
				official name of the Board together with its seal.
001.05 The signatures of the members of the
				Board and the Director.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 2 - LICENSING OF INDIVIDUALS › Section 51-2-002 - CHANGE OF ADDRESS AND/OR NAME

Current through June 17, 2024
Any licensed barber who changes his or her name and/or
				  address must notify the Board office within thirty (30) days of the
				  change.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 2 - LICENSING OF INDIVIDUALS › Section 51-2-003 - LATE FEE - BARBER, INSTRUCTOR, ASSISTANT INSTRUCTOR, BARBER SHOP, BARBER SCHOOL

Current through June 17, 2024
A licensee eligible for renewal of an expired license,
				  pursuant to the Barber Act, may renew such license by payment of the renewal
				  fee and a late fee on or before the 60th day after its expiration
				  date.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 2 - LICENSING OF INDIVIDUALS › Section 51-2-004 - INACTIVE FEE - BARBER, INSTRUCTOR

Current through June 17, 2024
A licensee eligible for restoration of an inactive license,
				  pursuant to the Barber Act, may restore such license within five (5) years of
				  its expiration date by payment of the renewal fee and a restoration
				  fee.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 3 - BARBER SHOP LICENSING › Section 51-3-001 - LICENSING OF NEW BARBER SHOPS OR CHANGE OF LOCATION

Current through June 17, 2024
001.01
Application.
Before any
				person or persons may open a new barber shop or change the location of an
				existing barber shop, an application shall be made requesting an inspection and
				approval of the premises.
001.02
Contents of Application.
Each application is to be made on a form
				provided by the Board and submitted with the fee set pursuant to the Barber
				Act, and shall provide the following:
001.02A
				Barber shop name.
001.02B
				Barbershop address.
001.02C Barber
				shop owner.
001.02D Owner's
				notarized signature and Social Security number.
001.02E Verification of incorporation if
				applicable.
001.02F
Description of the Premises.
The application shall describe the
				physical characteristics of the shop, including the information set forth
				below. If any portion of the shop is to be leased as a booth, the applicant
				shall identify those portions of the shop to be leased and shall provide the
				physical characteristics and other information required with respect to each
				booth.
001.02F1 Room size.
001.02F2 Type of floor.
001.02F3 Type of wall
001.02F4 Type of ceiling.
001.02F5 Type of lighting.
001.02F6 Methods of ventilation.
001.02F7 Restroom facilities.
001.02F8 Other rooms available and their
				usages, if applicable.
001.02F9
				Water supplies.
001.02F10 Waste
				disposal.
001.02F11 Hot water
				capacity/recovery rate.
001.02F12
				Number of barber chairs.
001.02F13
				Number of shampoo bowls.
001.02F14
				Number and description of immersion sterilizers.
001.02F15 Trade names of germicidal
				solutions.
001.02F16 Proposed
				opening date.
001.02F17 Any other
				information the Board deems necessary.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 3 - BARBER SHOP LICENSING › Section 51-3-002 - LIMITATION ON LOCATION AND USE OF ROOMS USED AS A BARBER SHOP

Current through June 17, 2024
002.01 A barber shop in a place where food is
				prepared and served must be separated by a partition, ceiling height, of lath
				and plaster, glass or other solid material. If a door is cut through, it shall
				be hung with spring hinges or other self-closing appliances. If confectionery
				is sold in a barber shop, it must be in sealed packages.
002.02 No room or rooms licensed as a
				barbershop shall be used as a sleeping room.
002.03 A barber shop shall be a fixed,
				permanent structure or a part of one, except for a Mobile Barbershop as defined
				in Neb. Rev. Stat. 71-202.01.
002.04 In barber shop/cosmetology salons that
				occupy the same location, the barber practical work area shall be visually
				distinct from the other and shall be clearly identified as such to the public
				by a sign.
002.05 A barbershop
				located in any private dwelling shall permit patrons to enter the shop directly
				from a public thoroughfare without passing through any other portion of the
				building. The barbershop area shall be separated from the living area by walls
				extending from floor to ceiling, except that there may be one connecting door
				to the private dwelling which shall be kept closed/locked while the shop is in
				actual operation, and shall not be for use by the general public. Such door
				into the private dwelling shall only be permitted where a toilet facility
				exists in that portion of the private dwelling licensed as a barber shop. Both
				the residence and the barber shop may be serviced by the same electric, gas,
				water and sewer facilities.
002.06
				An application for a barbershop in a private dwelling in any village or city
				must be accompanied by a document from that government body stating that the
				new owner has complied with all laws, regulations and codes for that particular
				location.
Nebraska Administrative Code › Topic - BOARD OF BARBER EXAMINERS › Title 51 - Nebraska Board of Barber Examiners › Chapter 3 - BARBER SHOP LICENSING › Section 51-3-003 - FIXTURES REQUIRED (MINIMUM)

Current through June 17, 2024
003.01
In
				general.
The minimum fixtures required for every barbershop are as
				follows:
003.01A Barber pole or barber
				sign.
003.01B Barber
				chair.
003.01C Back bar.
003.01D One shampoo bowl for every five
				stations.
003.01E Mirror.
003.01F Enclosure for clean towels and
				implements.
003.01G Containers for
				disposal of soiled towels and other waste materials.
003.01H Hot water system.
003.01I Restroom facilities.
003.01J Immersion sterilizer.
003.01K Approved germicidal
				solution.