reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-019 - Change of Location; Change in Construction

Current through June 17, 2024
019.01 Other than
				storage facilities
Except as provided in Chapter 9, para. 019.02, a permittee
				  may during the term of his or her permit remove his or her business or
				  operations to a new location at which he or she intends regularly to carry on
				  such business or operations, without procuring a new permit. However, in every
				  case, notification of the new location of the business or operations must be
				  given not less than 10 days prior to such removal to the Nebraska State Patrol.
				  In each instance, the permit and any copies thereof furnished with the permit
				  must be submitted for endorsement to the Nebraska State Patrol. After
				  endorsement of the permit and the copies thereof to show the new location and
				  the new permit number, if any, the Nebraska State Patrol will return same to
				  the permittee.
019.02
				Storage Facilities
A permittee who intends to change the location of his or her
				  approved storage facility described in his or her application (other than a
				  change of location of a portable approved storage facility) during the term of
				  his or her permit shall make written application, in duplicate, to the Nebraska
				  State Patrol who issued the permit, describing the location, the type of
				  construction, and the class of explosive materials as prescribed herein. The
				  application may include a request for approval of specific successive changes
				  in location of an approved storage facility. Storage of explosive materials may
				  not be commenced at the new location prior to receipt of the copy of such
				  application stamped "approved".
019.03 Additions to or Changes in Storage
				Facilities
A permittee who intends to make additions to or changes in
				  construction of approved storage facilities described in his or her
				  application, shall file an application with the Nebraska State Patrol for an
				  amended permit, describing the proposed additions or changes. Additions to or
				  changes in construction of approved storage facilities may not be made prior to
				  issuance of the amended permit. Upon receipt of the amended permit, the
				  permittee shall submit his or her superseded permit and any copies thereof to
				  the Nebraska State Patrol.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-020 - Record Keeping and Permitted Transactions

Current through June 17, 2024
020.01 All
				transfers of explosives occurring within the State are illegal except the
				following:
020.01A Any holder of any permit
				required under Sections
				28-1213
				to
				28-1239,
				Neb. Rev. Stat. (1989) or a federal permittee or licensee may transfer
				explosive materials to the holder of any permit issued by the Nebraska State
				Patrol or to a federal licensee or permittee or to a permittee or licensee
				holding a permit or license issued under the laws of contiguous state,
				provided, appropriate and accurate record keeping as further prescribed in
				these rules and regulations are followed. Any explosive material used or stored
				in the State of Nebraska, must be used or stored by a person in possession of a
				permit issued by the Nebraska State Patrol.
020.01B Under no conditions may any permit
				holder herein physically transfer to another person in the State of Nebraska
				any explosive materials unless the transferee physically shows the license or
				permit which is authorization to take possession of such explosive materials.
				Any resident of the State of Nebraska who holds a valid explosive permit issued
				by the Nebraska State Patrol and who uses explosive material in the conduct of
				a business or occupation may lawfully purchase explosives from a licensed
				seller located or residing in a state contiguous to the state of Nebraska and
				bring such explosive material into Nebraska. (Neb. Rev. Stat. §§
										28-1235.01
				)
020.01C All other transfers are
				illegal.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 10 - TRANSPORTATION OF CLASS 1, DIVISION 1.1 THROUGH DIVISION 1.6 EXPLOSIVES › Section 272-10-001 - Transportation: General

Current through June 17, 2024
001.01 In addition
				to all other applicable requirements set forth in these Rules and Regulations,
				the transportation of division 1.1 through division 1.6 explosives over all
				highways shall be in accordance with the U.S. Department of Transportation 49
				CFR Sections 100 through 179 and Sections 390 through 397.
001.02 No person shall smoke, carry matches
				or any other flame-producing device, or carry firearms or loaded cartridge
				while in or near a motor vehicle transporting explosives. Nothing in this
				sub-section shall be so construed as to prevent the presence of a duly
				authorized and legally constituted armed guard on such vehicles where security
				considerations dictate their necessity.
001.03 Explosives shall not be carried or
				transported in or upon a public conveyance or vehicle carrying passengers for
				hire.
001.04 Explosives may be
				loaded into and transported in the following: truck, truck with semitrailer,
				truck with full trailer, truck-tractor with semi-trailer, truck-tractor with
				semi-trailer and full trailer. Publicly owned electric distribution, public
				utilities and privately owned electric distribution public utilities and
				communications systems which shall have first obtained the express approval of
				the Nebraska State Patrol in respect to their particular methods of handling
				explosives in trailer-hauling trucks shall be exempt from the provisions of
				this paragraph.
001.05 Explosives
				shall not be transferred from one vehicle to another within the corporate
				limits of any city or town without informing the local fire and police
				departments thereof. In the event of breakdown or collision, the local fire and
				local and state police departments or sheriff shall be promptly notified to
				help safeguard such emergencies. Explosives shall be transferred from the
				disabled vehicle to another only when proper and qualified supervision is
				provided.
001.06 Detonators may be
				transported with other explosive materials in the same vehicle only in
				accordance with U.S. Department of Transportation 49 CFR Sections 100 through
				179 and Sections 390 through 397.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 10 - TRANSPORTATION OF CLASS 1, DIVISION 1.1 THROUGH DIVISION 1.6 EXPLOSIVES › Section 272-10-002 - Transportation; Vehicles; Safety Requirements

Current through June 17, 2024
002.01 Vehicles
				used for transporting explosives shall be strong enough to carry the load
				without difficulty and be in good mechanical condition. The transportation of
				explosive materials in open-bodied motor vehicles which depend upon a
				fire-resistant tarpaulin for protection is not permitted. When explosive
				materials are transported by a vehicle with an open body, they shall be loaded
				into a portable magazine or closed container and such portable magazine or
				closed container shall be securely fastened to the truck bed. All vehicles used
				for the transportation of explosives shall have tight floors, and any exposed
				spark-producing metal on the inside of the body shall be covered with wood or
				other non-sparking materials to prevent contact with packages of explosives.
				Packages of explosives shall not be loaded above the sides of an open-body
				vehicle.
002.02 Motor vehicles,
				when used for transporting any quantity of explosive materials shall display
				placards and other markings required by regulations of U.S. Department of
				Transportation *CFR 49, Sections 100 through 179 and Sections 390 through
				397.
002.03 Each motor vehicle used
				for transporting explosive materials shall be equipped with fire extinguishers
				as follows:
002.03A Trucks of less than
				14,000 pounds GVW rating: Minimum of two extinguishers with total rating of at
				least 4-A:20-B:C. Trucks over 14,000 GVW rating and tractor semi-trailer units:
				Two or more extinguishers with a total rating of at least 4-A:70-B:C.
002.03B Only extinguishers listed or approved
				by Underwriters' Laboratories, Inc., Factory Mutual Laboratories, or by some
				other nationally recognized fire equipment testing laboratory, shall be deemed
				suitable for use on explosive-carrying vehicles.,
002.03C Extinguishers shall be filled and
				ready for immediate use and located near the driver's seat. Extinguisher shall
				be examined every 12 months as to condition by a competent person and after
				being used.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 10 - TRANSPORTATION OF CLASS 1, DIVISION 1.1 THROUGH DIVISION 1.6 EXPLOSIVES › Section 272-10-003 - Transportation: Operation of Vehicles in Commerce

Current through June 17, 2024
003.01 Vehicles
				transporting explosives shall only be driven by and be in charge of a driver
				who meets and has a Commercial Driver's License with proper endorsements and
				meets the requirements of U.S. Department of Transportation 49 CFR Sections 100
				through 179 and Sections 390 through 397.
003.02 Unauthorized persons or passengers
				shall not ride on a motor vehicle transporting explosives.
003.03 Motor vehicles transporting explosive
				materials must come to a full stop before crossing any railroad track or main
				highway, and must not proceed until the driver determines that the way is
				clear.
003.04 Vehicles delivering
				explosive materials shall not be driven at speeds in excess of the posted speed
				limits.
003.05 The fuel tank of a
				motor vehicle transporting explosives shall not be filled except in an
				emergency or when necessary to complete a trip, and then only when the motor is
				stopped and brakes set.
003.06 A
				motor vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive material
				must be attended at all times by the driver or other authorized person.
				Exception: If the vehicle is parked in a "safe haven" in accordance with the
				provisions of 49 CFR.
003.07 Except
				under emergency conditions, no vehicle transporting explosives shall be parked
				before reaching its destination., even though attended, on any public street
				adjacent to or in proximity to any bridge, tunnel, dwelling, building or place
				where people work, congregate or assemble.
003.08 No spark-producing metal,
				spark-producing metal tools, oils, matches, carbides, firearms, electric
				storage batteries, flammable substances, acids, oxidizing materials, or
				corrosive compounds shall be carried in the body of any motor truck and/or
				vehicle transporting explosives unless this material is carried/transported in
				accordance U.S. Department of Transportation *CFR 49, Sections 100 through 179
				and Sections 390 through 397. Nothing in this sub-section shall be so construed
				as to prevent the presence of a duly authorized and legally constituted armed
				guard on such vehicles where security considerations dictate their
				necessity.
003.09 Vehicles
				transporting explosives shall avoid congested areas and heavy traffic. Where
				routes through congested areas have been designated by local authorities, such
				routes shall be followed.
003.10
				Delivery of explosives shall be made only to authorized persons and into
				authorized magazines or approved temporary storage or handling areas.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 10 - TRANSPORTATION OF CLASS 1, DIVISION 1.1 THROUGH DIVISION 1.6 EXPLOSIVES › Section 272-10-004 - Transportation (in Commerce) : Smokeless Propellants, Small Arms Ammunition Primers

Current through June 17, 2024
004.01 Quantities
				of smokeless propellants in shipping containers approved by the United States
				Department of Transportation not in excess of 25 pounds may be transported in a
				passenger vehicle.
004.02
				Quantities of smokeless propellants in excess of 25 pounds but not exceeding
				100 pounds in a passenger vehicle shall be transported in a portable box having
				wooden walls of at least one inch nominal thickness.
004.03 Transportation of smokeless
				propellants in quantities in excess of 100 pounds is prohibited in passenger
				vehicles.
004.04 Transportation of
				quantities of smokeless propellants in excess of 50 pounds in other than
				passenger vehicles shall be in accordance with U.S. Department of
				Transportation 49 CFR Sections 100 through 179 and Sections 390 through
				397.
004.05 Small Arms Ammunition
				Primers
004.05A Small arms ammunition primers
				shall not be transported or stored except in the original shipping container
				approved by the U.S. Department of Transportation 49 CFR Sections 100 through
				179 and Sections 390 through 397.
004.05B Truck or rail transportation of small
				arms ammunition primers shall be in accordance with the regulations of the U.S.
				Department of Transportation 49 CFR Sections 170 through 179 and Sections 390
				through 397.
004.05C Not more than
				25,000 small arms ammunition primers hall be transported in a passenger vehicle
				when in commerce.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 10 - TRANSPORTATION OF CLASS 1, DIVISION 1.1 THROUGH DIVISION 1.6 EXPLOSIVES › Section 272-10-005 - Transportation: Blasting Agents

Current through June 17, 2024
005.01 When
				blasting agents are transported in the same vehicle with other explosives, all
				of the requirements of Chapter 10 and U.S. Department of Transportation 49 CFR
				Sections 100 through 179 and Sections 390 through 397 shall be complied
				with.
005.02 Vehicles transporting
				blasting agents shall only be driven by and be in charge of a driver at least
				18 years of age who is capable, careful, reliable and in possession of a valid
				Commercial (CDL) Driver's license with proper endorsements.
005.03 No matches, firearms, acids or
				other-corrosive liquids shall be carried in the bed or body of any vehicle
				containing blasting agents.
005.04
				No person shall be permitted to ride upon, drive, load or unload a vehicle
				containing blasting agents while smoking or under the influence of intoxicants
				or narcotics.
005.05 It is
				prohibited for any person to transport or carry any blasting agents upon any
				public vehicle carrying passengers for hire.
005.06 Vehicles transporting blasting agents
				shall be in safe operating condition at all times.
005.07 When offering blasting agents for
				transportation on public highways the packaging, marking, and labeling of
				containers of blasting agents shall comply with the requirements of the U.S.
				Department of Transportation 49 CFR Sections 100 through 179 and Sections 390
				through 397.
005.08 Vehicles used
				for transporting blasting agents on public highways shall be marked and
				placarded in accordance with U.S. Department of Transportation 49 CFR Sections
				100 through 179 and Sections 390 through 397.
CFR = Code of Federal Regulations
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 11 - GENERAL SAFETY REGULATIONS › Section 272-11-001 - General Safety Regulations

Current through June 17, 2024
001.01 No person
				shall smoke, carry matches, lighters or other flame producing devices, or allow
				others to do so, while near explosives. Exception: Blasters may possess a
				device for the specific purpose of lighting safety fuse.
001.02 No person shall handle explosives near
				open lights, fire, flame or sparks. If artificial light is needed, only a
				safety-type flashlight or electric lantern may be used.
001.03 Use oldest stock first.
001.04 No person shall store, handle or use
				explosives in or near a residence.
001.05 Do not allow explosives to become wet
				or exposed to the weather.
001.06
				Do not throw or drop packages of explosives or handle them roughly.
001.07 Do not use metal bale hooks when
				handling; or sparking metal tools to open wooden or metal packages of
				explosives.
001.08 No person shall
				open, pack, or repack metal or wooden containers of explosive materials in a
				magazine.
001.09 Proper disposal
				shall be made of empty explosives containers as follows:
001.09A Explosives containers shall be
				entirely empty before discarding and those showing stains of any kind shall not
				be placed where uninformed persons or children might have access to them
				pending destruction.
001.09B Empty
				containers showing stains of any kind shall be destroyed by burning out of
				doors, at a safe distance from magazines or other structures. Empty explosive
				containers should be burned according to manufacturer and the recommendations
				of the Institute Makers of Explosives. Local burning ordinances, rules, or laws
				must be obeyed and appropriate burning permits must be obtained where required.
				Contact your local Sheriff's Office for clarification on local burning permits.
				Additionally, the Nebraska Department of Environmental Quality (DEQ), Title
				128, Rules and Regulations Governing Hazardous Waste Management in Nebraska,
				must be followed.
For clarification, contact the Lincoln, Nebraska office of
				  the DEQ.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 12 - COMPLIANCE, PENALTIES FOR NON-COMPLIANCE › Section 272-12-001 - Compliance, Penalties for Non-compliance

Current through June 17, 2024
001.01 Nebraska
				State Patrol will revoke the permit of any person who:
001.01A Is found to be under 21 years of
				age;
001.01B Has been convicted in
				any court of a felony;
001.01D Is a
				fugitive from justice;
001.01E Is
				an unlawful user of any depressant, stimulant, or narcotic drug;
001.01F Has been admitted as a patient or
				inmate in a public or private institution for the treatment of mental or
				emotional disease or disorder within (5) years preceding the date of
				application;
001.01G Has no
				reasonable, educational, industrial, commercial, agricultural, recreational, or
				other legitimate need for a permit to store or use explosive materials.
				Recreational use shall be defined as the use of explosives for public
				display.
001.01H Has been convicted
				in any court of a misdemeanor crime of domestic violence. This includes any
				misdemeanor conviction involving the use or attempted use of physical force
				committed by current or former spouse, parent, or guardians of the victim or by
				a person with the similar relationship with the victim.
001.01I Is subject to a court order
				restraining the applicant from harassing, stalking, or threatening an intimate
				partner or child of such partner? An intimate partner shall be defined as the
				spouse of the person, a former spouse of the person, and individual who is a
				parent of a child of the person, and individual who cohabits or has cohabited
				with the person.
001.01J Is an
				alien illegally in the United States.
001.01K Has violated any provision of
				Nebraska State Statutes
				28-1213
				through
				28-1239
				or of 18 U.S.C. chapter 40 or the rules and regulations of the Nebraska State
				Patrol;
001.01L Has not complied
				with an order by the Nebraska State Patrol within the time specified in such
				order.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 12 - COMPLIANCE, PENALTIES FOR NON-COMPLIANCE › Section 272-12-002

Current through June 17, 2024
An order of revocation shall automatically become final in
				  ten business days after service of the order unless the permit holder presents
				  a petition for hearing within ten business days after service of the order.
				  Service may be by certified mail, personal service, or by leaving at the
				  address of record as indicated on the permit holder application. Revocation
				  proceedings shall be in accordance with the procedure required for contested
				  cases set forth in Title 272, Rules and Regulations Concerning the Use of
				  Explosives in the State of Nebraska, Chapter 1.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 12 - COMPLIANCE, PENALTIES FOR NON-COMPLIANCE › Section 272-12-003

Current through June 17, 2024
The Nebraska State Patrol may, in the interest of safety,
				  order the immediate suspension of any Patrol issued Explosive Permit pending
				  revocation proceedings. This suspension order may be made verbally and must be
				  followed with a written order of suspension. In the event of an appeal of an
				  immediate suspension, an expedited hearing will be allowed.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 12 - COMPLIANCE, PENALTIES FOR NON-COMPLIANCE › Section 272-12-004

Current through June 17, 2024
Explosive use, storage and purchase permits may be issued
				  provisionally based upon the application and a criminal name check on the
				  applicant. These permits will be revoked immediately if further investigation
				  reveals any conflict or violation of Title 272, Chapter 12 or Nebraska Statute
				  28-1219,
				  Obtaining a Permit Through False Representation.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 12 - COMPLIANCE, PENALTIES FOR NON-COMPLIANCE › Section 272-12-004

Current through June 17, 2024
Failure to comply with the requirements of these regulations
				  may be grounds for administrative enforcement proceedings or penalties in
				  criminal proceedings brought by the County Attorney or Attorney General
				  pursuant to Neb. Rev. Stat. §§
									28-1213
				  to
				  28-1239.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 18 - Regulations and Procedures Governing Agency Declaratory Orders › Section 272-18-001 - General

Current through June 17, 2024
001.01 The Nebraska State Patrol adopts the
				Model Rules and Procedures Governing Agency Declaratory Orders in Title 53,
				Nebraska Administrative Code, Chapter 3.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-001 - SCOPE AND PURPOSE

Current through June 17, 2024
001.01 These
				regulations are to implement the Sex Offender Registration Act pursuant to Neb.
				Rev. Stat. §
									29-4013
				as amended by LB 204 passed in 1998, LB 564 passed in 2002, LB 943 passed in
				2004, LB 713 passed in 2005, LB 1199 passed in 2006, LB 285 passed in 2009, LB
				292 and 605 passed in 2015, and LB 934 passed in 2016. The Nebraska Sex
				Offender Registration Act was passed to protect the public, in particular
				children, from violent sex offenders via a more comprehensive system for
				registration of convicted sex offenders by implementing standards as outlined
				in the Adam Walsh Child Protection and Safety Act of 2006. The general
				objective of this act is to protect people from convicted sex offenders through
				registration requirements and community notification.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-004 - REQUEST FOR DETERMINATION OF APPLICABILITY

Current through June 17, 2024
004.01
				A person required to register may request an administrative determination of
				applicability of the Nebraska State Patrol Sex Offender Registration to their
				conviction. A written request must be addressed to the Nebraska State Patrol,
				Sex Offender Registration, P.O. Box 94907, Lincoln, Nebraska 68509. The request
				for determination of applicability will include:
004.01A Name, date of birth, address and
				phone number of the requestor;
004.01B Description of the criminal act(s)
				which are the subject of the request. This will be specific as to the elements
				of the crime for which the individual was convicted, conviction date and state
				of conviction;
004.01C Court action
				on the offense(s) to include: name of the court, location of the court, date of
				the action and nature of disposition of the case.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-005 - REQUEST FOR REDUCTION OF THE FIFTEEN YEAR REGISTRATION PERIOD

Current through June 17, 2024
005.01 Only persons required to register for
				fifteen (15) years may request a reduction in the registration period to ten
				(10) years. This request can only be made after completion of ten (10) years of
				the registration period following discharge from probation, parole, supervised
				release, or incarceration, whichever date is most recent. A written request
				will be on a form prescribed by the Nebraska State Patrol and must be addressed
				to the Nebraska State Patrol, Sex Offender Registration Program, P.O. Box
				94907, Lincoln, Nebraska 68509. The request must include name, date of birth,
				address and phone number of the requestor and proof that during the ten (10)
				years of registration, he or she:
005.01A Was
				not convicted of any offense for which imprisonment for more than one year
				could have been imposed;
005.01B
				Was not convicted of any sex offense;
005.01C Successfully completed any period of
				probation, parole, supervised release or incarceration;
005.01D Successfully completed an appropriate
				sex offender treatment program.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-006 - REQUEST FOR HEARING ON APPLICIBILITY OR REQUEST FOR HEARING ON REDUCTION OF THE FIFTEEN YEAR REGISTRATION REQUIREMENT

Current through June 17, 2024
006.01 If a
				hearing is requested, it will be held pursuant to the Nebraska Administrative
				Procedures Act and the Nebraska State Patrol Title 272, Chapter 1, Rules and
				Regulations. The offender will specify through pleadings or at a prehearing
				conference what aspect of the registration requirements are being challenged.
006.01A Due to the sensitive nature of the
				evidence which may be presented, the hearings shall be closed.
006.01B Evidence presented by either party in
				the form of written exhibits shall have the name(s) of the victim(s) redacted
				to ensure confidentiality. Exhibits will display the first and last initials of
				the victim(s) in any location where the name has been redacted. During
				testimony, the victim(s) will be referred to by first and last initials
				only.
006.01C The scope of the
				hearing for applicability will include a review of the information used in
				making the determination. The scope of the hearing for reduction of the fifteen
				(15) year registration period will include a review of the registrant's
				criminal history, periods of supervised release, probation, parole and
				information concerning appropriate sex offender treatment.
006.01D Persons required to register for
				fifteen (15) years who request a hearing for reduction of the registration
				duration can only make such request once a year following the completion of ten
				(10) years of the registration period.
006.01E The State has the burden of going
				forward with evidence.
006.01F A
				decision will be made by the Superintendent within fifteen (15) working days of
				the hearing.
006.01G Appeals from
				the Superintendent's decision shall be filed in the District Court of Lancaster
				County, in accordance with the procedures set forth in the Nebraska
				Administrative Procedures Act.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-009 - REGISTRATION FEES

Current through June 17, 2024
009.01 Persons
				registering under this Act may not be charged a fee for registering or for the
				fingerprints and photographs required for registering.
009.02 Each governmental entity having
				responsibilities under the Act or these regulations will be responsible for the
				costs incurred in performing their required duties.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-011 - POSTSECONDARY EDUCATIONAL INSTITUTION CONTACTS

Current through June 17, 2024
011.01
				A person who is required to register must notify the Sheriff of the county in
				which they reside in writing of each postsecondary educational institution at
				which they work, carry on a vocation, or attend school within three (3) working
				days of beginning the employment or attendance. A person residing outside of
				Nebraska who is required to register and works, carries on a vocation, or
				attends a postsecondary educational institution will notify the Sheriff of the
				county in which the educational institution is located and register within
				three (3) working days of beginning the employment or attendance. This
				requirement is to comply with the provisions of the Campus Sex Crimes
				Prevention Act and applies to all sex offenders attending postsecondary
				educational institutions as well as all persons working at a campus. The focus
				is on the offender's presence at the campus for more than fourteen (14)
				consecutive days or for an aggregate period exceeding thirty (30) days in a
				calendar year rather than on any relationship with the institution. A sex
				offender who is gainfully employed by a private catering company but works on
				campus or even an unpaid volunteer for a charitable organization doing research
				at a campus library is included in this definition.
This provision also requires a person who is incarcerated to
				  register if he or she is attending classes on the campus of a postsecondary
				  educational institution.
011.02 The registrant will notify the Sheriff
				or Sheriffs in writing of any change in this employment or attendance status
				within three (3) working days of the change.
011.03 Notice to the Sheriff of this contact
				with postsecondary educational institutions should be made on a form approved
				by the Nebraska State Patrol. This requirement is independent of and in
				addition to registration requirements. Having previously registered does not
				satisfy this requirement. The initial information can, however, be provided at
				the time of registration.
011.04 A
				Sheriff receiving a postsecondary educational institution contact notice or
				change of information form will forward the information to the Nebraska State
				Patrol on the day it is received and in a manner proscribed by the Nebraska
				State Patrol.
011.05 Within three
				(3) working days of receipt of any information or a change of status pertaining
				to a postsecondary educational institution, the Nebraska State Patrol will
				inform the law enforcement agency having responsibility for the campus where
				the institution is located. This notification shall go to the affected campus
				police, if any, or to the local law enforcement agency having jurisdiction
				where the institution is located.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 19 - Sex Offender Registration › Section 272-19-014 - ENFORCEMENT OF VIOLATIONS OF THE ACT

Current through June 17, 2024
014.01 Violations
				of the Act include: failure to register as required; failure to make proper
				notification of changes to any information provided to the Sex Offender
				Registry; failure to sign the notification form provided by the Nebraska Sex
				Offender Registry, the court, the County Treasurer, the Department of
				Correctional Services, or the Department of Motor Vehicles; failure to appear
				for verification within the prescribed time limits; and providing false
				information on the registration or verification forms. Only persons required to
				register under the Act can be prosecuted for violation of the Act.
014.02 Any period during which a person
				knowingly or willfully fails to comply with registration requirements as set
				out in Neb. Rev. Stat. §
									29-4005
				will extend the registration end date. The Nebraska State Patrol will calculate
				this time, day for day from the first day the person is verified to be out of
				compliance until they become compliant with registry requirements. This amount
				of time will be added to the date on which registration requirements are
				satisfied if the registration is for a period less than lifetime.
014.03 Any person required to register under
				the Sex Offender Registration Act who violates the Act can receive penalties as
				prescribed in Neb. Rev. Stat. §
									29-4011.
014.04 A violation of these regulations is an
				infraction as set forth in Neb. Rev. Stat. §
									29-431. The
				penalty set out in Neb. Rev. Stat. §
									29-436 is a
				fine of $100 for the first offense and up to a fine of $500 for subsequent
				offenses. Persons who are required to register under the Act can be prosecuted
				for violation of the regulations.
014.05 Any law enforcement agency with
				jurisdiction in the area in which a person resides, has a temporary domicile,
				maintains a habitual living location, is employed, carries on a vocation, or
				attends school will investigate and enforce violations of the Sex Offender
				Registration Act.
014.06 At any
				time that a person required to register under the Act violates the registry
				requirements and cannot be located, the registry information will reflect that
				the person has absconded, a warrant shall be sought for the person's arrest,
				and the United States Marshal's Service shall be notified.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-000 - Definitions and abbreviations

Current through June 17, 2024
000.01 "NSP" as
				used in this chapter means Nebraska State Patrol
000.02 "NSPCL" as used in this chapter means
				Nebraska State Patrol Crime Lab
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-001 - Availability of DNA Collection Kits

Current through June 17, 2024
001.01 Authorized
				collection agencies may contact the NSPCL to obtain DNA collection kits free of
				charge.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-002 - Person Subject to DNA Sample Collection; Payment of Costs

Current through June 17, 2024
002.01 Persons who are subject to DNA sample
				collection for the State DNA Sample Bank are defined in Neb. Rev. Stat. §
									29-4106.
002.02 The cost associated with the
				collection of a DNA sample is set by the NSP.
002.03 Costs collected will be remitted to
				the NSP Accounting Division for credit to the State DNA Sample and Data Base
				Fund.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-003 - Collection of Database DNA Samples

Current through June 17, 2024
003.01 DNA samples
				will be accepted by the NSPCL for inclusion in the DNA Database. The samples
				will be collected pursuant to Neb. Rev. Stat. §
									29-4106.01
				and §294107.
003.02 To ensure
				the integrity of the DNA samples collected, the following collection procedures
				will be followed:
003.02A Only one offender
				will be permitted into the collection area at any one time.
003.02B Open the collection kit and follow
				the instructions provided for proper DNA sample collection.
003.02C Blood samples should be refrigerated
				until they are transported to the NSPCL. If the blood samples are not hand
				delivered to the NSPCL, it is recommended that an overnight mail service be
				used. Buccal cell samples may be stored at room temperature. Because the NSPCL
				is not staffed on weekends or state holidays, careful planning on when DNA
				samples are collected is necessary to ensure timely deliveries pursuant to Neb.
				Rev. Stat. §
										29-4107(2).
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-004 - DNA Database Sample Handling

Current through June 17, 2024
004.01 The NSPCL is
				responsible for receiving, logging, handling, and tracking all DNA samples and
				related records intended for the DNA Database.
004.01(A) Information from the DNA Database
				collection card will be logged into the Laboratory Information Management
				System (LIMS) and each sample will be given a unique identifier.
004.01(B) Buccal cell samples will be stored
				at room temperature in a secure location. Blood samples will be stored in the
				refrigerator until they are spotted on FTA paper. Once the blood samples have
				been spotted, the FTA paper will be stored at room temperature in a secure
				location and the liquid blood sample destroyed.
004.01(C) In the event of a Combined DNA
				Index System (CODIS) hit, the fingerprint provided with the DNA sample will be
				verified.
004.01(D) If it is
				necessary to request a re-collection of either a blood or buccal cell sample,
				this information will be documented. It is not the responsibility of the NSPCL
				to ensure that re-collection is accomplished.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-005 - Sample Analysis by the NSPCL

Current through June 17, 2024
005.01 The NSPCL
				will analyze the samples in accordance with the Federal DNA Identification Act
				of 1994, the FBI Quality Assurance Standards for DNA Databasing Laboratories,
				the NDIS Operational Procedures, and current NSPCL policies and
				procedures.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-006 - Sample Analysis by a Contract Laboratory

Current through June 17, 2024
006.01
				DNA samples may be analyzed by a Contract Laboratory in accordance with the DNA
				Identification Act of 1994, the FBI Quality Assurance Standards for DNA
				Databasing Laboratories, NDIS Operational Procedures, and current NSPCL
				policies and procedures.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-007 - Confidentiality of DNA Samples and DNA Records

Current through June 17, 2024
007.01
				DNA samples and/or records contained in the Nebraska State DNA Database will be
				confidential except as otherwise specified in the DNA Identification Act of
				1994, the NDIS Operational Procedures, and current NSPCL policies and
				procedures.
007.02 The identity of
				the requestor will be verified prior to the release of database samples,
				records, and/or information.
007.03
				Recipients of DNA samples and/or records will enter into a written agreement
				with the NSPCL averring to comply with the procedures governing the expungement
				of DNA records and samples.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 20 - PROCEDURES FOR THE COLLECTION, TRANSPORTATION, STORAGE, AND ANALYSIS OF SAMPLES FOR THE PURPOSE OF THE DNA DATABASE › Section 272-20-008 - Expungement of DNA Records from the Combined DNA Index System

Current through June 17, 2024
008.01 Upon receipt of a written request for
				expungement pursuant to Neb. Rev. Stat. §
									29-4109
				and a certified copy of the final court order reversing and dismissing the
				conviction, or other documentation from individuals authorized to direct such
				expungement, the NSPCL will purge all DNA records in CODIS pertaining to the
				person and destroy all DNA samples from the person.
008.02 The State CODIS Administrator or their
				designee, will perform the expungement process and submit the proper
				notifications pursuant to Neb. Rev. Stat. §
									29-4109,
				the NDIS Operational Procedures, and current NSPCL policies and
				procedures.
008.03 Upon receipt of
				NSPCL notification of expungement:
008.03(A)
				Recipients of DNA records and samples will comply with the expungement
				provisions with 10 calendar days of receipt of such notice that expungement has
				been granted. Recipients will certify in writing to NSPCL that such compliance
				has been effectuated.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 21 - Concealed Handgun Permits › Section 272-21-001 - SCOPE AND PURPOSE

Current through June 17, 2024
001.01 These
				regulations are to implement the Concealed Handgun Permit Act pursuant to Neb.
				Rev. Stat. §§
									69-2432
				and
				69-2446.
				The purpose of this act is to provide for Concealed Handgun Permits for those
				applicants who meet the requirements of the Act.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 21 - Concealed Handgun Permits › Section 272-21-002 - DEFINITIONS

Current through June 17, 2024
002.01 "Calendar days'' mean the total number
				of days counted from a calendar including weekends and holidays.
002.02 "CID" means the Criminal
				Identification Division of the NSP.
002.03 "Concealed handgun" is defined by Neb.
				Rev. Stat. §
									69-2429(1).
002.04 "Firing Range" means a location
				operated and maintained for public or private shooting sports and designed to
				keep fired rounds within the range by use of a berm or backstop.
002.05 "Handgun" is defined by Neb. Rev.
				Stat, §
									69-2429(3).
002.06 "Misdemeanor crime of violence" means
				any misdemeanor conviction under the laws of this state that has as an element,
				the use or attempted use of physical force against another person, or the
				threatened use of a deadly weapon or deadly force. A "misdemeanor crime of
				violence" includes but is not limited to:
(1)
				A misdemeanor conviction for an attempted felony offense that is a crime of
				violence or for being an accessory to a felony that is a crime of violence;
				or
(2) A conviction under any of
				the following Neb. Rev. Stat.; assault in the third degree under §
										28-310;
				stalking under subsection (1) of § 28-311,04; false imprisonment in the
				second degree under §
										28-315;
				third degree sexual assault under subsection
				28-320(3);
				first offense domestic assault in the third degree under subsection (1) of
				section
				28-323;
				false imprisonment in the second degree under §
										28-315;
				or any attempt or conspiracy to commit one of these offenses; or
(3) any conviction from another jurisdiction
				that is equivalent to one of the above offenses or meets the definition of a
				misdemeanor crime of violence.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 21 - Concealed Handgun Permits › Section 272-21-004 - RECIPROCITY WITH OTHER STATES

Current through June 17, 2024
004.01 Permits
				issued by other states or the District of Columbia to persons who are not
				residents of Nebraska will be recognized as valid in Nebraska if they are on
				the list maintained and published by the Nebraska Attorney General as
				jurisdictions using standards which are equal to or greater than those in
				effect in Nebraska.
004.02 Nebraska
				issued permits will not automatically be recognized in all states on the list
				of permits honored in Nebraska.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 21 - Concealed Handgun Permits › Section 272-21-006 - APPLICATION PROCESS

Current through June 17, 2024
006.01 Any person
				wishing to apply for a permit to carry a concealed handgun will apply i to the
				Patrol at the CID office in Lincoln or at any Troop Area Headquarters outside
				of Lincoln. Locations will be posted on the Patrol website at
http://www.statepatrol.nebraska.gov/
.
006.02 Applicants will present a completed
				application form in person at the Patrol office designated for taking permit
				applications. Applicants will submit the following at the time of application:
006.02A the application form;
006.02B proof of training;
006.02C proof of vision;
006.02D proof of identification;
006.02E proof of citizenship;
006.02F proof of address;
006.02G a signature;
006.02H the applicable foe; and
006.02I proof of a legal name change, if the
				name on the application does not match the applicant's name on his or her birth
				certificate.