reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-003

Current through June 17, 2024
Qualifications for approval of continuing education activities shall be
											  as stated herein.
003.01 A continuing education activity offered in
										the State of Nebraska shall be qualified for approval if the Real Estate Commission determines that:
003.01A The continuing education activity contributes to the maintenance
										and improvement of the quality of real estate services provided by real estate licensees to the public; and
003.01B An in-class continuing education activity must consist
										of at least three in-class clock hours but no more than nine in-class clock hours in any one day of
										instruction. In the case of a continuing education activity delivered in a distance education format there
										must be at least the content equivalent of three in-class clock hours, and certification pursuant to 299 NAC
										7-002.02. An in-class clock hour is defined as 50 minutes in
										length; and
003.01C The provider has submitted a complete
										application as prescribed by the Real Estate Commission at least thirty days prior to the beginning of the
										continuing education activity; and
003.01D All instructors have
										met the qualification standards as established by the Real Estate Commission; and
003.01E The provider has met the provisions of all other applicable state
										laws.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-004

Current through June 17, 2024
The following activities shall not be approved as continuing education
											  and cannot be used toward meeting the continuing education requirement:
004.01 Those which are specifically examination preparation in
										nature.
004.02 Those which deal with office or business skills,
										such as typing, speed reading, memory improvement, body language, motivation and similar
										activities.
004.03 Those which are completed by a challenge
										examination (testing-out of the activity).
004.04 Sales promotion
										or sales meetings held in conjunction with a brokerage firm's general business.
004.05 Orientation courses for licensees held by trade
										organizations.
004.06 Continuing education activities taken prior
										to approval date of the continuing education activity.
004.07
										Continuing education activities of the same content, or if in the opinion of the Commission an activity is so
										similar as to be indistinguishable in content, cannot be used for a minimum of four years after the activity
										was taken to be applied toward meeting the continuing education requirement, except that activities meeting
										the required hours set forth in Section 001 of this Chapter may be repeated but not in the same two-year
										continuing education period.
004.08 Broker licensees cannot
										retake courses taken as part of their pre-license requirement and use them toward meeting their continuing
										education requirement except as provided in Title 299, Chapter 7, Section
										004.07.
004.09
										Continuing education activities taken to make up a deficiency of the continuing education requirement from a
										previous continuing education period may not be used toward the current period's continuing education
										requirement.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-005 - Qualifications for recognition of training activities shall be as stated herein

Current through June 17, 2024
005.01 A training activity offered in the State
										of Nebraska shall be recognized by the Real Estate Commission pursuant to Section
										81-885.51
										if the Real Estate Commission determines that:
005.01A The training
										activity directly relates to real estate services provided by real estate licensees to the public;
										and
005.01B The training does not materially misstate elements of
										the Real Estate License Act or other provisions of the law; and
005.01C A training activity must consist of at least one sixty minute hour.
										In the case of a training activity delivered in a distance education format there must be at least the
										content equivalent of one sixty-minute hour; and
005.01D The
										provider has submitted a complete application as prescribed by the Real Estate Commission at least thirty
										days prior to the beginning of the training activity.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-006

Current through June 17, 2024
The following activities cannot be used toward meeting the training
											  requirement:
006.01 Those which are specifically examination
										preparation in nature.
006.02 Those which are completed by a
										challenge examination (testing-out of the activity).
006.03
										Orientation courses for licensees held by trade organizations.
006.04 Training activities taken prior to the Commission's recognition date
										of the training activity.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-007

Current through June 17, 2024
The Commission shall notify applicants in a timely manner, in writing,
											  whether an application is approved or denied. If an application is denied, the denial notice shall state the
											  reason(s) for denial. This section applies to initial submittals of applications for approval of training
											  activities, and providers, activities, and instructors of Nebraska real estate continuing education;
											  resubmittals of continuing education activities for reapproval every three years; and resubmittals of
											  activities due to substantial changes in the activities.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-008

Current through June 17, 2024
Approved continuing education activities shall be resubmitted by the
											  provider for approval and reviewed every three years by the Commission unless substantial changes are made in
											  the activity prior to that time.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-009

Current through June 17, 2024
Training activity recognition will expire three years from the date of
											  original recognition.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-010

Current through June 17, 2024
If substantial changes are made, the activity shall be submitted by the
											  provider for review and approval, and may not be offered prior to receiving notice that the altered activity
											  has been approved.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-011

Current through June 17, 2024
Decisions of the Real Estate Commission to deny approval of training
											  activities or continuing education providers, activities, or instructors may be reviewed by the Commission
											  when such review is requested within twenty days of notification of said decision. The Real Estate Commission
											  may at any time re-evaluate an approved training activity or continuing education provider, activity, or
											  instructor. If a basis for consideration of revocation of approval is found, the Commission shall notify said
											  provider by mail at least twenty business days prior to said hearing on the revocation.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-012

Current through June 17, 2024
Providers of approved training or continuing education activities shall
											  be governed by the provisions of this Section in addition to any other applicable statutes or rules and
											  regulations.
012.01 The provider shall submit to the Commission a
										notice of the scheduling of an approved activity prior to offering the activity. The notice shall be
										submitted in a form prescribed by the Commission. This subsection shall not apply to distance education
										activities offered in an independent study format.
012.02
										Successful completion of an approved training or continuing education activity requires full-time attendance
										at the activity. Guidelines for what constitutes full time attendance at a training or continuing education
										activity shall be developed and published by the Commission and provided to all students at or prior to the
										start of any instructional activity by the provider.
012.03 A
										completion certificate, not larger than 8 1/2 by 11 inches, must be issued to each student upon completion of
										the activity and shall include such information required by the Commission.
012.04 In the case of students using a pre-license broker course toward
										both pre-license and continuing education as set forth in Title 299, Chapter 7, Section
										002.03, upon request by the student a separate continuing
										education completion certificate will be issued by the provider upon completion of the course in addition to
										the pre-license proof of completion.
012.05 Records shall be
										maintained by each provider on each individual student for four years. Said records to include; name and real
										estate license identification number of the student; residence or business address of the student; the title
										of the activity completed in fully; the number of training or continuing education hours granted the
										activity; the date the student completed the activity; and, activity content numbers for continuing education
										activities.
012.06 A verification listing of the attendees at an
										approved training or continuing education activity who have met the requirements of completion as established
										by the Commission pursuant to Section
										81-885.52
										of the Nebraska Real Estate License Act shall be submitted to the Commission, in the current format specified
										by the Commission, within ten business days of the conclusion of the activity.
012.07 By January 31st of each year all approved providers shall submit to
										the Commission a chronological list to include the title, number of hours granted, date, location, instructor
										and number of attendees for each training or continuing education activity conducted during the preceding
										year.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 7 - CONTINUING EDUCATION ACTIVITIES; REQUIRED HOURS; APPROVAL; RESTRICTIONS; DENIAL; REVOCATION; APPEAL PROCESS; RECORD KEEPING › Section 299-7-013

Current through June 17, 2024
Nothing in this Chapter shall be construed to preclude training or
											  educational offerings sponsored, or conducted, by the Real Estate Commission from being accepted toward
											  meeting the continuing education requirement of the Nebraska Real Estate License Act.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 8 - ERRORS AND OMISSIONS INSURANCE: CERTIFICATE OF INSURANCE; GROUP PLAN; TERMS AND CONDITIONS; EQUIVALENT INSURANCE; FAILURE TO COMPLY; SANCTIONS › Section 299-8-001

Current through June 17, 2024
Every licensee under the Nebraska Real Estate License Act, except an
											  inactive broker or inactive salesperson, shall have in effect a policy of Errors and Omissions Insurance to
											  cover all activities contemplated under the Nebraska Real Estate License Act, and shall certify such coverage
											  to the Commission in the form and manner prescribed in Section 002 of this Chapter. Licensees covered under
											  the Group Plan provided for under Section 003 of this Chapter shall be deemed to have satisfied the
											  certification requirement upon written certification from the Group Plan Administrator of coverage
											  thereunder.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 8 - ERRORS AND OMISSIONS INSURANCE: CERTIFICATE OF INSURANCE; GROUP PLAN; TERMS AND CONDITIONS; EQUIVALENT INSURANCE; FAILURE TO COMPLY; SANCTIONS › Section 299-8-002

Current through June 17, 2024
The certificate of coverage, as provided for in Section 001 of this
											  Chapter for licensees obtaining the equivalent coverage specified in Section 004 of this Chapter, shall be
											  signed by an authorized agent or employee of the insurance carrier and shall be in the following form:
NEBRASKA REAL ESTATE COMMISSION
CERTIFICATION OF COVERAGE
UNDER NEB. REV. STAT. SECTION
											  81-885.55
AND
299 N.A.C. CHAPTER 8
I hereby certify that the insurance company listed below has at least a
											  "B+" rating from the A.M. Best Company Insurance Rating Service and maintains an AM Best Financial Size
											  Category of Class VI or higher. I further certify that:
INSURED NAME:
LICENSE IDENTIFICATION NUMBER:
REAL ESTATE
COMPANY NAME:
ADDRESS:
POLICY NO.:
INSURANCE AGENT:
ADDRESS:
INSURANCE CO.:
ADDRESS:
POLICY DATES: Effective:__________________ Expiration:
SPECIFY WHETHER BLANKET OR INDIVIDUAL POLICY:
is insured against claims resulting from real estate licensee's errors
											  and omissions and the above-referenced policy includes, at a minimum, the standards set forth in 299 N.A.C.
											  Chapter 8 and the Nebraska Real Estate License Act.
It is further understood and agreed that coverage for the person(s)
											  insured by this policy may not be terminated, cancelled, lapsed, or non-renewed, regardless of cause or
											  reason, without the Company having provided the Director of the Nebraska Real Estate Commission with ten (10)
											  days prior written notice.
SIGNATURE: _____________________________________ DATE:
(Insurance Representative)
TITLE:
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 8 - ERRORS AND OMISSIONS INSURANCE: CERTIFICATE OF INSURANCE; GROUP PLAN; TERMS AND CONDITIONS; EQUIVALENT INSURANCE; FAILURE TO COMPLY; SANCTIONS › Section 299-8-003

Current through June 17, 2024
The Commission shall make available to all licensees, subject to
											  availability from a qualified insurance carrier, a policy of Errors and Omissions Insurance under a Group
											  Plan secured by the Commission.
003.01 For the purposes of this
										section, a "qualified insurance carrier" shall mean an insurance carrier:
a. which, for the entire term of its contract to provide the Group Plan of
										Errors and Omissions Insurance contemplated by this Chapter, maintains an A.M. Best Company rating of "B+" or
										better, and an AM Best Financial Size Category of Class VI or higher;
b. which is and will remain for the policy term duly authorized by the
										State of Nebraska Department of Insurance to do business in the State of Nebraska as an insurance
										carrier;
c. which is and will remain for the policy term
										qualified and authorized by the State of Nebraska Department of Insurance to write in the State of Nebraska
										policies of Errors and Omissions Insurance of the type contemplated by this Chapter;
d. which, after competitive bidding, has been notified by the Commission
										that it is the successful bidder for the Group Plan to provide the Errors and Omissions Insurance
										contemplated by this Chapter; and
e. which has entered into a
										contract to provide said group errors and omissions plan in conformity with said contract, this Chapter, and
										the Nebraska Real Estate License Act.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 8 - ERRORS AND OMISSIONS INSURANCE: CERTIFICATE OF INSURANCE; GROUP PLAN; TERMS AND CONDITIONS; EQUIVALENT INSURANCE; FAILURE TO COMPLY; SANCTIONS › Section 299-8-004

Current through June 17, 2024
Licensees may obtain equivalent Errors and Omissions Insurance
											  independently of the Group Plan available from the Commission; subject, however, to the terms and conditions
											  set forth in Sections 004.01 and 004.02 of this Chapter.
004.01 The
										term "equivalent insurance" shall mean a policy of Errors and Omissions Insurance which shall provide the
										following terms and conditions:
a. Covers all activities contemplated under
										the Nebraska Real Estate License Act, under such terms and conditions as are customary in the insurance
										industry for such policies of insurance, which are otherwise permissible under Nebraska law and the rules and
										regulations of the State of Nebraska Department of Insurance, and which are contained in a policy of
										insurance which has been approved by the State of Nebraska Department of Insurance;
b. Specifies not less than $100, 000.00 combined single limit liability
										coverage for each occurrence;
c. Specifies an annual aggregate
										limit of not less than $300, 000.00;
d. Specifies a deductible
										amount of not greater than the deductible amount specified in the group policy secured by the Commission for
										the calendar year during which the equivalent insurance goes into effect. Any equivalent insurance which
										extends into a calendar year when the deductible on the group policy has changed effective January 1 of the
										year may retain the deductible amount until such time as the equivalent insurance is renewed or renegotiated
										in that calendar year;
e. The minimum limits specified in b. and
										c. above shall be available to each licensee; and
f. The terms
										and conditions set forth above shall apply for equivalent insurance, filed with the Commission, to show
										compliance with this subsection for the annual renewal of a license.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 8 - ERRORS AND OMISSIONS INSURANCE: CERTIFICATE OF INSURANCE; GROUP PLAN; TERMS AND CONDITIONS; EQUIVALENT INSURANCE; FAILURE TO COMPLY; SANCTIONS › Section 299-8-005

Current through June 17, 2024
Any applicant for issuance of an original license on active status or
											  renewal of a license on active status shall not be issued such active license unless he or she has been
											  certified in writing by the Group Plan Administrator as being covered thereunder, or unless he or she shall
											  have first caused to be filed with the Commission the certificate of coverage required by Sections 001 and
											  002 of this Chapter.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 8 - ERRORS AND OMISSIONS INSURANCE: CERTIFICATE OF INSURANCE; GROUP PLAN; TERMS AND CONDITIONS; EQUIVALENT INSURANCE; FAILURE TO COMPLY; SANCTIONS › Section 299-8-006

Current through June 17, 2024
Failure of the Group Plan Administrator to provide certification of
											  coverage under the Group Plan or failure of the licensee to cause to be filed the certificate of equivalent
											  coverage required by Section 001 of this Chapter shall result in inactivation of any active license issued
											  pursuant to the Nebraska Real Estate License Act.
006.01 For
										purposes of this Section, the effective date of inactivation shall be the date on which the Errors and
										Omissions Insurance of said active licensee is scheduled to expire, as reflected in the certification by the
										Group Plan Administrator or the certificate of equivalent coverage filed by, or on behalf of, the
										licensee.
006.02 Within five working days of the date of
										inactivation under this Section, the Commission shall cause to be sent, by certified mail to the licensee's
										residence address as reflected in the records of the Commission Office, a notice to any affected licensee of
										the inactivation of license.
006.03 Any licensee whose license
										has been subject to inactivation pursuant to this Section shall be entitled to activation of said license,
										relating back to and including the date of inactivation, provided that, within thirty days of the date of
										inactivation, the licensee or Group Plan Administrator files with the Commission a certificate of coverage
										showing that such coverage has been and is currently in effect on and from the date of inactivation, and the
										licensee submits required transfer documents and fees. In the event the certificate of coverage shows an
										effective date later than the date of inactivation, said license shall be activated as of the effective date
										of said insurance, as reflected in the certificate of coverage, and upon submission of required transfer
										documents and fees.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 8 - ERRORS AND OMISSIONS INSURANCE: CERTIFICATE OF INSURANCE; GROUP PLAN; TERMS AND CONDITIONS; EQUIVALENT INSURANCE; FAILURE TO COMPLY; SANCTIONS › Section 299-8-007

Current through June 17, 2024
Any licensee who, acting alone or in concert with others, willfully or
											  knowingly causes or allows a certificate of coverage to be filed with the Commission which is false,
											  fraudulent, or misleading, shall be subject to sanctions, including but not limited to suspension or
											  revocation of license, after complaint, notice, and hearing provided for in the rules of the Commission;
											  provided, however, that nothing herein shall entitle such licensee to notice and hearing on the automatic
											  inactivation of license provided for in Section 006 of this Chapter.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 299 - NEBRASKA REAL ESTATE COMMISSION › Chapter 9 - NEBRASKA TIME-SHARE ACT › Section 299-9-003

Current through June 17, 2024
Extensions of existing exchange agent filings must be properly filed no
											  sooner than six calendar months of the expiration date and no later than 14 days prior to the date of
											  expiration of the existing filing.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 300 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - RETIREMENT SUBDIVISIONS AND RETIREMENT COMMUNITIES; STATEMENT OF RECORD; FILING REQUIREMENTS › Section 300-1-001

Current through June 17, 2024
The Statement of Record, or of an amendment thereto, shall be filed with
											  the Commission on forms prescribed by it. An Annual Renewal Report as required in Neb. Rev. Stat. Section
											  76-1310 shall be considered an
											  amendment to the Statement of Record and shall be filed with the Commission on forms prescribed by it. The
											  Statement of Record form and the Annual Renewal Report form are attached hereto as Attachments 1 and 2,
											  respectively.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 300 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - RETIREMENT SUBDIVISIONS AND RETIREMENT COMMUNITIES; STATEMENT OF RECORD; FILING REQUIREMENTS › Section 300-1-002

Current through June 17, 2024
The filing fee shall be as follows:
002.01 Statement of Record - $ 200.00
002.02 Amendment to Statement of Record - $ 200.00
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 300 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - RETIREMENT SUBDIVISIONS AND RETIREMENT COMMUNITIES; STATEMENT OF RECORD; FILING REQUIREMENTS › Section 300-1-003

Current through June 17, 2024
The Statement of Record for the registration of a retirement community
											  shall be accompanied by a set of blueprints showing the floor plans and outline specifications of all
											  buildings containing the units as well as all other buildings or facilities to be used in support
											  thereof.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 300 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - RETIREMENT SUBDIVISIONS AND RETIREMENT COMMUNITIES; STATEMENT OF RECORD; FILING REQUIREMENTS › Section 300-1-004

Current through June 17, 2024
In lieu of the attorney's opinion mentioned in Neb. Rev. Stat. Section
											  76-1306(1)(f),
											  the condition of the title to the subdivision lands may be shown by a title policy issued, within 30 days of
											  the date of the filing of the Statement of Record, by a title insurance company licensed to do business in
											  this State.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 300 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - RETIREMENT SUBDIVISIONS AND RETIREMENT COMMUNITIES; STATEMENT OF RECORD; FILING REQUIREMENTS › Section 300-1-005

Current through June 17, 2024
The Statement of Record shall be accompanied by copies of promotional
											  materials used or proposed to be used in promoting the sale or lease of any unit or interest in the
											  subdivision or community.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 300 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - RETIREMENT SUBDIVISIONS AND RETIREMENT COMMUNITIES; STATEMENT OF RECORD; FILING REQUIREMENTS › Section 300-1-006

Current through June 17, 2024
The Statement of Record shall be kept current with respect to all
											  required items of inclusion during the entire period of operation of the retirement community or retirement
											  subdivision.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 300 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - RETIREMENT SUBDIVISIONS AND RETIREMENT COMMUNITIES; STATEMENT OF RECORD; FILING REQUIREMENTS › Section 300-1-007

Current through June 17, 2024
The Commission shall prescribe the form of the registration certificate,
											  the Public-offering Statement, and the Registration of Escrow Account. Each registration certificate shall
											  have placed thereon the seal of the Commission. It shall be the duty of the developer to display his or her
											  registration certificate conspicuously in his or her place of business. The Public-offering Statement form
											  and the Registration of Escrow Account form are attached hereto as Attachments 3 and 4,
											  respectively.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 301 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - AGENCY RELATIONSHIPS; CONFIDENTIAL INFORMATION › Section 301-1-001

Current through June 17, 2024
The following information shall not be disclosed by a real estate
											  licensee acting as a seller's or landlord's limited agent without the informed written consent of the seller
											  or landlord:
001.01 That the seller or landlord is willing to accept
										less than the asking price or lease rate for the property;
001.02
										What the motivating factors are for the party selling or leasing the property; and
001.03 That the seller or landlord will agree to financing terms other than
										those offered.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 301 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - AGENCY RELATIONSHIPS; CONFIDENTIAL INFORMATION › Section 301-1-002

Current through June 17, 2024
The following information shall not be disclosed by a real estate
											  licensee acting as a buyer's or tenant's limited agent without the informed written consent of the buyer or
											  tenant:
002.01 That the buyer or tenant is willing to pay more than
										the purchase price or lease rate offered for the property;
002.02
										What the motivating factors are for the party buying or leasing the property; and
002.03 That the buyer or tenant will agree to financing terms other than
										those offered.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 301 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - AGENCY RELATIONSHIPS; CONFIDENTIAL INFORMATION › Section 301-1-003

Current through June 17, 2024
Those real estate licensees under the supervision of a designated broker,
											  as defined in Neb. Rev. Stat. Section 81-885.01(4), who elects to use the designation
											  authority set forth in Neb. Rev. Stat. Section
											  76-2427 and which licensees also act in a supervisory capacity
											  under the designated broker, such as branch managers, sales managers and the like, may be treated in the same
											  manner as the designated broker for purposes of determining dual agency under the aforementioned Section only
											  if the broker designates such supervisory positions in his or her written policy as required in Neb. Rev.
											  Stat. Section 76-2420.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 301 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - AGENCY RELATIONSHIPS; CONFIDENTIAL INFORMATION › Section 301-1-004

Current through June 17, 2024
A licensee, who is offering real estate brokerage services as an
											  auctioneer, shall make the disclosures to a buyer and obtain the acknowledgement of receipt required by Neb.
											  Rev. Stat. §
									76-2421, not later than when the buyer enters into a written
											  purchase contract for the property. The identification of the successful bidder shall constitute the first
											  substantial contact with a buyer within the meaning of the statute. After the first substantial contact, the
											  first practicable opportunity to make the required disclosures to the buyer shall depend upon the
											  circumstances.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 301 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - AGENCY RELATIONSHIPS; CONFIDENTIAL INFORMATION › Section 301-1-005

Current through June 17, 2024
A real estate broker, associate broker, or salesperson publicly marketing
											  an equitable interest in a contract for the purchase of real property for the purchaser shall be considered
											  the seller's agent of the purchaser and the property owner of the subject property shall be considered a
											  customer.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 301 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - AGENCY RELATIONSHIPS; CONFIDENTIAL INFORMATION › Section 301-1-006

Current through June 17, 2024
Acting as a seller's agent on behalf of a purchaser as provided in
											  section 001 shall be considered substantial contact with the property owner for purposes of the agency
											  disclosure requirements in Neb. Rev. Stat. Section
											  76-2421(1).
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 302 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - SELLER PROPERTY CONDITION DISCLOSURE STATEMENT › Section 302-1-001

Current through June 17, 2024
The disclosure statement required by Neb. Rev. Stat. Section
											  76-2,120
											  shall be in substantially the following form:
Click here
											  to view
Click here
											  to view
Click here
											  to view
Click here
											  to view
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-001 - General Information

Current through June 17, 2024
001.01 Application of Rules
These rules are promulgated pursuant to Neb. Laws 1994, LB 446, and 53
											  Nebraska Administrative Code, Chapter 1.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-002 - Negotiated rulemaking generally

Current through June 17, 2024
The purpose of these regulations is to establish a framework for the
											  conduct of negotiated rulemaking consistent with the Administrative Procedure Act and the Negotiated
											  Rulemaking Act. The negotiated rulemaking process can be used by the Commission, whenever appropriate, to
											  resolve controversial issues prior to the commencement of formal rulemaking. Negotiated rulemaking is not a
											  substitute for the requirements of the Administrative Procedure Act, but may be used as a supplemental
											  procedure to permit the direct participation of affected interests in the development of new rules or the
											  amendment or repeal of existing rules. The negotiated rulemaking process also does not preclude other
											  Commission 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 Commission as a result of a subsequent formal rulemaking
											  process.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-004 - Establishment of a Negotiated Rulemaking Committee; Criteria

Current through June 17, 2024
The Commission may establish a negotiated rulemaking committee to
											  negotiate and develop a proposed rule if the Commission determines that the use of the negotiated rulemaking
											  procedure is in the public interest. In making that determination, the Commission 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 committee can be convened with a balanced representation of 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 - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-005 - Conveners; selection; duties

Current through June 17, 2024
The Commission, at its discretion, may use the services of the
											  convener.
005.01 The Commission may employ or contract for an
										organization or an individual to serve as a convener, or may use the services of a state employee to act as a
										convener. A convener shall not have a financial or other interest that would preclude him or her from serving
										in an impartial and independent manner. The Commission shall determine whether a person under consideration
										as a convener has such an interest. A person disqualified under this criterion shall be dropped from further
										consideration.
005.02 The convener may assist the Commission in
										making the determination of need for a negotiated rulemaking process discussed in section 004 above. The
										convener may also assist the Commission in:
005.02A Identifying persons who
										will be significantly affected by a proposed rule.
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 - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-006 - Petitions for the use of a negotiated rulemaking committee

Current through June 17, 2024
Any person may petition the Commission 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 or regulation by the Commission.
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 Commission to implement.
006.01B A
										negotiated rulemaking process may not be requested to develop a rule or regulation 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 or
										regulation as set forth in subsection 003.12 above.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-007 - Notice of a Negotiated Rulemaking Committee; Comment; Applications for Membership

Current through June 17, 2024
If the Commission decides to go forward with the establishment of a
											  negotiated rulemaking committee, the Commission shall proceed with the following process.
007.01 The Agency shall give notice to the 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 Commission 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 and the Agency.
007.01E A
										proposed schedule for completing the work of the committee.
007.01F An explanation of how a person may apply for or nominate another
										person for membership on the committee.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-008 - 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 Commission will consider the comments and membership applications for a particular
											  negotiated rulemaking committee and determine whether such a committee can adequately represent the interests
											  of the persons that will be significantly affected by a proposed rule, and whether such a committee is
											  feasible and appropriate in the particular rulemaking. In making the final determination as to creation of a
											  negotiated rulemaking committee, the Commission may use the services of a convener as set out in Section 005
											  above. In making the final determination as to creation of a negotiated rulemaking committee, the Commission
											  and its Director will apply the criteria set out in 004 above.
008.01
										If, after such a determination, the Commission decides that a negotiated rulemaking procedure is feasible, it
										shall establish a negotiated rulemaking committee as provided in these regulations. The committee will
										negotiate issues and develop proposed rules for use by the Commission in formal rulemaking.
008.02 If, after such a determination, the Commission decides not to
										establish a negotiated rulemaking committee, the Agency 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
										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 - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-009 - Negotiated Rulemaking Committee; membership

Current through June 17, 2024
All members of a negotiated rulemaking committee shall participate in the
											  deliberations of the committee with the same rights and responsibilities as other members.
009.01 Members of a negotiated rulemaking committee may include:
009.01A A Commissioner or employee of the Agency designated by the
										Commission to represent the Agency. This person shall be authorized to fully represent the Agency in the
										discussions and negotiations of the committee.
009.01B Persons
										selected by the Commission 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 committee review of a petition for membership or nomination
										as set out in subsection 009.02 below.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-010 - Negotiated rulemaking committee; operation

Current through June 17, 2024
A negotiated rulemaking committee established under these rules shall
											  consider the matter proposed by the Commission for consideration and shall attempt to reach consensus
											  concerning a proposed rule and any other matter the 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 committee consistent with these rules and the pertinent Nebraska
										statutes.
010.02 The Agency shall provide appropriate
										administrative support to a negotiated rulemaking committee including technical assistance and
										support.
010.03 The person representing the Agency on a
										negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights
										and responsibilities as other members of the committee and shall be authorized to fully represent the Agency
										in the discussions and negotiations of the committee.
010.04 If a
										negotiated rulemaking committee achieves consensus on a proposed rule at the conclusion of the negotiations,
										the committee shall transmit to the Commission a report containing the proposed rule.
010.05 If a negotiated rulemaking committee does not reach a consensus on
										the proposed rule, the committee shall transmit to the Commission a report specifying areas in which the
										committee reached consensus and the issues that remain unresolved. The committee may include in the report
										any other information, recommendations, or materials that the committee considers appropriate. Any member of
										the committee may include as an addendum to the report additional information, recommendations or
										materials.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-011 - 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 Agency may nominate a person
										to serve as a facilitator for the negotiations of a negotiated rulemaking committee, subject to the approval
										of the committee by consensus. If the committee does not approve the Agency's nomination for facilitator, the
										Agency shall submit a substitute nomination. If the committee does not approve the substitute nomination of
										the Agency for facilitator, the committee shall select, by consensus, a person to serve as
										facilitator.
011.02 The Agency may employ or contract for an
										organization or an individual to serve as a facilitator for a negotiated rulemaking committee or the Agency
										may use the services of a state employee to act as a facilitator. A person designated by the Agency 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 Agency 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 committee shall:
011.03A Preside at the meetings of the
										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.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-012 - 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 Agency may pay for a committee member's actual and
											  necessary expenses incurred in serving on the committee as provided in Neb. Rev. Stat. sections
											  81-1174
											  through
											  81-1177 and
											  a reasonable per diem rate of compensation if:
012.01 The committee
										member certifies a lack of adequate financial resources to participate on the committee using the form at
										"Attachment 4" which is attached to these regulations and made a part of them by reference; and,
012.02 The Commission determines that the committee member's participation
										is necessary to assure an adequate representation of the interests of the members.