reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 9 - RULES & REGULATIONS CONCERNING CAPITAL CONSTRUCTION › Section 281-9-002 - STATUTORY AUTHORITY

Current through June 17, 2024
Applicable Nebraska Statutes include:
002.01 Nebraska Revised Statutes
Neb. Rev. Stat. §§
										85-1401,
				  85-1402
				  subsections (1), (2), (3), (5), (7), and (8), 85-1403, 85-1404, 85-1410
				  subsection (4), 85-1411 subsection (4), 85-1412 subsections (1) and (6),
				  85-1413 subsections (1) to (6), 85-1414 subsections (1), (9), (10) and (11),
				  85-1416 subsections (1) and (3), 85-1417, 85-1418, 85-1421 to 85-1423, and
				  85-1425 to 85-1427 relating to a statewide facilities information base,
Commission
review of
institutional facilities
				  plans
, proposed
capital construction projects
, and
				  capital construction budget requests and recommendations.
002.02 Nebraska Revised Statutes
Neb. Rev. Stat. §§
										85-1511
				  subsections (4) and (7), 85-1515, 85-1517 subsection (2), 85-1535 subsection
				  (3), and 85-2233 subsection (3) relating to coordination by the
Commission
of the construction, lease, purchase, purchase on
				  contract, operation, equipping, and maintenance of facilities for community
				  colleges.
002.03
				REPEALED
002.04 REPEALED
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 9 - RULES & REGULATIONS CONCERNING CAPITAL CONSTRUCTION › Section 281-9-003 - SCOPE AND RELATED PROVISIONS

Current through June 17, 2024
003.01 These rules and regulations relate to:
003.01(A) Providing a state-level uniform
				information system for all public postsecondary education systems and
				institutions that will insure the Legislature and other state agencies obtain
				timely and accurate information concerning facilities;
003.01(B)
Commission
review
				of and comment about
public institutional facilities
				plans
;
003.01(C)
Commission
review, monitoring, and approval or disapproval of
				applicable
capital construction projects
; and
003.01(D)
Commission
review
				and recommended modification, approval, or disapproval of the University of
				Nebraska's and Nebraska State Colleges' capital construction budget requests
				and major deficit appropriation requests, and development of a unified
				statewide prioritization of these requests.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 9 - RULES & REGULATIONS CONCERNING CAPITAL CONSTRUCTION › Section 281-9-004 - DEFINITIONS

Current through June 17, 2024
004.01 CAPITAL CONSTRUCTION PROJECT
Shall mean a project which utilizes
tax funds
				  designated by the Legislature
and shall be: Any proposed new
capital structure
; any proposed addition to,
renovation
of, or
remodeling
of a
capital structure
; any proposed acquisition of a
capital structure
by gift, purchase, lease-purchase, or other
				  means of construction or acquisition; or any combination thereof that 1) will
				  be
directly financed
in whole or in part with
tax
				  funds designated by the Legislature
totaling at least the
minimum capital expenditure
for purpose of this definition, or
				  2) is likely, as determined by the institution, to result in an
incremental increase
in appropriation or expenditure of
tax funds designated by the Legislature
of at least the
minimum capital expenditure
for the facility's operations and
				  maintenance costs 1 in any one fiscal year within a
				  period of ten years from the date of substantial completion or acquisition of
				  the project. For purposes of this definition:
004.01(A)
DIRECTLY
				FINANCED.
Shall mean funded by:
1)
				Appropriation of
tax funds designated by the Legislature
for
				the specific
capital construction project
;
2) property tax levies authorized pursuant to
				Neb. Rev. Stat. §
											85-1517
				used to establish a capital improvement and bond sinking fund pursuant to Neb.
				Rev. Stat. §
											85-1515;
				or
3) that portion of
tax
				funds designated by the Legislature
and appropriated by the
				Legislature for the general operation of the
public
				institution
and utilized to fund the
capital construction
				project
.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 9 - RULES & REGULATIONS CONCERNING CAPITAL CONSTRUCTION › Section 281-9-005 - STATEWIDE FACILITIES INFORMATION BASE

Current through June 17, 2024
005.01 APPLICABILITY
All public institutional facilities that involve coordination
				  by the Commission, Legislature, or other state agency, shall provide
				  state-level uniform facilities information.
005.02 Review Criteria
The Commission shall maintain uniform data elements and
				  definitions for development of a statewide facilities information base in
				  consultation with governing boards, or their designated
				  representative.
005.03
				Commission Review
The Commission shall identify statewide facilities
				  information to be collected on an annual or periodic basis, regarding each
				  public institution's facilities inventory and utilization
				  information.
005.04 Public
				Institutions may comply with requests for facilities information pursuant to
				Neb. Rev. Stat. §
									85-1417,
				as applicable.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 9 - RULES & REGULATIONS CONCERNING CAPITAL CONSTRUCTION › Section 281-9-006 - INSTITUTIONAL FACILITIES PLANS

Current through June 17, 2024
006.01 APPLICABILITY
All
institutional facilities plans
, or
				  amendments to such plans, approved or accepted by a
governing
				  board
, shall require
Commission
review and comment in
				  accordance with these rules and regulations.
006.02 REVIEW CRITERIA
The
Commission
shall use the following
				  criteria in the review of
institutional facilities plans
:
006.02(A) CONSISTENCY WITH
				THE COMPREHENSIVE STATEWIDE PLAN.
Institutional facilities
				plans
shall be reviewed for consistency with the Comprehensive
				Statewide Plan, to include, but not be limited to, consistency with
				institutional role and mission assignments.
006.02(B) CONSISTENCY WITH THE STATEWIDE
				FACILITIES PLAN.
Institutional facilities plans
shall be
				reviewed for consistency with the Statewide Facilities Plan as
				applicable.
006.02(C) ASSESS
				DUPLICATION OF FACILITIES.
Institutional facilities plans
shall be reviewed for possible
unnecessary duplication
of
				facilities.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 9 - RULES & REGULATIONS CONCERNING CAPITAL CONSTRUCTION › Section 281-9-007 - CAPITAL CONSTRUCTION PROJECTS

Current through June 17, 2024
007.01
APPLICABILITY
The following
capital construction projects
proposed by
public institutions
shall require
Commission
review, approval or disapproval, and monitoring for
				  compliance with the approved project, in accordance with these rules and
				  regulations:
007.01(A) Any proposed
				new
capital structure
; any proposed addition to,
renovation
of, or
remodeling
of a
capital structure
; any proposed acquisition of a
capital structure
by gift, purchase, lease-purchase, or other
				means of construction or acquisition; or any combination thereof that will be
directly financed
in whole or part with
tax funds
				designated by the Legislature
totaling at least the
minimum
				capital expenditure
.
007.01(B) Any proposed new
capital
				structure
; any proposed addition to,
renovation
of,
				or
remodeling
of a
capital structure
; any
				proposed acquisition of a
capital structure
by gift, purchase,
				lease-purchase, or other means of construction or acquisition; or any
				combination thereof that is likely, as determined by the institution, to result
				in an
incremental increase
in appropriation or expenditure of
tax funds designated by the Legislature
of at least the
minimum capital expenditure
for the facility's operations and
				maintenance costs in any one fiscal year within a period of ten years from the
				date of substantial completion or acquisition of the project.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 9 - RULES & REGULATIONS CONCERNING CAPITAL CONSTRUCTION › Section 281-9-008 - CAPITAL CONSTRUCTION BUDGET REQUESTS AND RECOMMENDATIONS

Current through June 17, 2024
008.01 APPLICABILITY
The Commission will review; recommend modification, approval,
				  or disapproval; and prioritize the following individual capital construction
				  budget requests:
008.01(A) All
				proposed
capital construction projects
approved by the
Commission
and included in the Board of Regents of the
				University of Nebraska's or Board of Trustees of the Nebraska State Colleges'
				biennial budget request or major deficit appropriation request; and
008.01(B) All other
individual
capital construction budget requests
included in the Board of Regents of the University of Nebraska's or
				Board of Trustees of the Nebraska State Colleges' biennial budget request or
				deficit appropriation request.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 9 - RULES & REGULATIONS CONCERNING CAPITAL CONSTRUCTION › Section 281-9-009 - GENERAL CONSIDERATIONS

Current through June 17, 2024
009.01 The
Commission
shall
				provide procedures to implement these rules and regulations.
009.02 The
Commission
shall
				be the determining body to approve or disapprove
capital construction
				project
proposals. Parties wishing to appeal decisions of the
Commission
shall proceed as provided by law.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-001 - Statutory Authority

Current through June 17, 2024
001.0185-1402 - Relating to pertinent
				definitions.
001.02
									85-1413(5)(f)-
				Relating to the Commission's responsibility to designate
				geographic/programmatic service areas for public institutions.
001.03
									85-1413(5)(h)-
				Relating to guiding development of instructional delivery systems employing
				telecommunications and establishment of policies to ensure that the objectives
				of quality and efficiency are met in the delivery of telecommunications-aided
				instruction.
001.04
									85-1414(8)-
				Relating to authority for the Commission to establish specific criteria for
				review, approval or disapproval of participation by public institutions in
				education centers.
001.0585-1418 -
				Relating to the authority for the Commission to issue orders and to the
				procedures for parties to appeal final orders of the Commission.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-002 - Scope, Application, and Related Provisions

Current through June 17, 2024
002.01 This rule shall apply to the
				Coordinating Commission for Postsecondary Education's review of public
				institution off-campus programs and participation in education centers,
				including off-campus centers, off-campus sites and cooperatives of
				institutions.
002.02 Provisions of
				this rule relating to Education Centers shall apply to a public institution's
				participation in Education Centers approved by governing board action after
				November 6,1990, except those programs for which funds were specifically
				earmarked by the Legislature for fiscal year 1990-1991.
002.03 This rule shall apply to off-campus
				centers approved by governing board action after July 1,1994. Approval for an
				off-campus center by the Commission shall remain in effect until the terms and
				conditions of such approval are substantially changed. At that time the
				approval shall be reconsidered by the Commission.
002.04 Institutional role and mission
				authorizations are designated in state statute as well as in the Commission's
				Comprehensive Statewide Plan for Postsecondary Education.
				Geographic/programmatic service area assignments are designated in the
				Commission's Comprehensive Plan.
002.05 Provisions related to review of new or
				existing instructional programs, to review of budgets as applicable to specific
				budget requests for off-campus instructional programs, to review of capital
				construction projects, and to public service activities may be found in other
				rules and procedures approved by the Commission.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-003 - Purpose and Intent

Current through June 17, 2024
003.01 The purposes of this rule are to
				coordinate public institution off-campus instructional courses and programs and
				to coordinate public institution participation in Education Centers, including
				off-campus centers and cooperatives of institutions. The Commission supports
				coordinated and distinct roles for various institutions and supports
				collaboration and partnerships to avoid unnecessary duplication.
003.02 The Commission finds that responsive
				and flexible off-campus instruction can provide efficient access to
				postsecondary education for place-bound students. The Commission intends to
				facilitate and guide effective fiscal planning and efficient, cooperative
				delivery of off-campus instructional programs needed to meet the needs of
				Nebraskans for reasonably accessible, quality postsecondary
				education.
003.03 The Commission
				endorses and encourages inter-institutional cooperative planning of off-campus
				courses and programs, both within and outside the service area, to maximize
				sharing of resources needed for student registration and advising, facilities,
				equipment and libraries. Off-campus courses and programs shall, where possible,
				be housed in facilities made available without cost or in rented facilities
				rather than facilities owned by the institution.
003.04 The Commission finds that
				telecommunications-based off-campus instruction can be an efficient means to
				provide access to postsecondary education for place and time-bound students
				without the need for a public institution to employ notable numbers of
				additional professional staff or incur substantial travel expense.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-005 - Pre-Authorized Off-Campus Courses or Programs and Facilities Arrangements

Current through June 17, 2024
In the following cases, off-campus courses or programs and
				  facilities arrangements of public institutions are pre-authorized and do not
				  require prior notification or Commission approval.
005.01 A public institution may offer
				telecommunications-based courses or programs that emanate in Nebraska for use
				exclusively outside the State of Nebraska.
005.02 Except for courses offered at an
				off-campus center described in section 007.02, a public institution may deliver
				off-campus courses within its geographic service area as assigned by the
				Commission.
005.03 A public
				institution may deliver off-campus courses or programs at cooperative education
				centers when the institution has received authorization from the Commission to
				participate in the cooperative education center.
1When two or more institutions
				  jointly offer the same course, where control of the course essentially is
				  equal, an institution can be both the sending and receiving institution. If
				  there is an objection, the Commission may determine which shall serve as the
				  sending institution for application and reporting purposes.
005.04 A public institution may offer a
				course or program outside its geographic service area at the principal campus
				of another public institution under the same governing board if the course or
				program is not offered regularly by a public institution assigned to the
				service area in which the proposed course or program would be
				offered.
005.05 A public
				institution may make lease or other use arrangements for a term of one year or
				less for use of buildings at a cooperating institution, at an off-campus
				center, or at an off-campus site without prior Commission approval.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-006 - Prior Notification; Out-of service area courses; Inventory

Current through June 17, 2024
006.01 Public institutions shall make prior
				notification to the Commission and other public institutions within the
				geographic service area where the following activities are proposed:
006.01.01 Establishing an off-campus
				center.
006.01.02 Offering one or
				more complete degree programs at a cooperating institution.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-007 - Off-Campus Instructional and Facility Arrangements Requiring Prior Commission Approval

Current through June 17, 2024
Prior approval of the Commission shall be required in the
				  following situations:
007.01
				Establishing a branch campus.
007.02 Establishing an off-campus center
				within 30 miles, by the most direct route on a hard-surfaced roadway, of a
				principal campus of another public institution on which are offered courses or
				degree programs comparable in content and intended student outcomes to those
				offered at the off-campus center.
Prior to Commission review and approval of an off-campus
				  center pursuant to this subsection, representatives of the public institution
				  establishing such off-campus center shall notify, and are encouraged to meet
				  and consult with, representatives of public institutions maintaining a
				  principal campus within the distance parameter specified in this section to
				  discuss coordination of program offerings. A representative of the institution
				  planning to establish the off-campus center may make a written report to the
				  Commission of the results of such consultation. The Commission may also
				  initiate and facilitate meetings of representatives of public institutions
				  impacted by a proposed off-campus center and may expedite its review for
				  approval of the off-campus center if issues of unnecessary duplication have
				  been addressed.
The provisions of this subsection shall also apply when a
				  public institution plans to offer one or more complete degree programs at a
				  cooperating institution located within 30 miles, by the most direct route on a
				  hard-surfaced roadway, of a principal campus of another public institution on
				  which are offered courses or degree programs comparable in content and intended
				  student outcomes to those offered at the off-campus center.
007.03 Participating in a cooperative
				education center.
007.04 Making a
				commitment to facilities for longer than one year at a cooperating institution,
				an off-campus center, or off-campus site.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-008 - Criteria for Review of Off-Campus Courses or Programs and Facilities

Current through June 17, 2024
When prior approval of the Commission is required pursuant to
				  section 007 of this rule, or when action of the Commission is required pursuant
				  to subsection 006.0136, the Commission will use the following criteria to
				  review proposed off-campus courses or programs and facilities:
008.01 Evidence of need and demand, which
				shall include, but not be limited to, recognized needs by employers and
				potential students for the off-campus courses or programs and sufficient
				projected student enrollment in off-campus courses or programs.
008.02 Consistency with authorized
				institutional role and mission pursuant to state statute and the Commission's
Comprehensive Statewide Plan for Postsecondary Education
and
				consistency with institutional program service area authority approved by the
				Commission.
008.03 Avoidance of
				unnecessary duplication of similar course or program offerings by another
				institution in the same service area.
008.04 Adequacy of resources for instruction
				which shall include:
008.04.a Adequate and
				appropriate physical facilities and instructional equipment for the off-campus
				courses or program and for the targeted student population.
008.04.b Adequate and appropriate library,
				information resources, and other student support services for the off-campus
				courses or program and for the targeted student population consistent with the
				scope and nature of the program.
008.04.c Adequate and appropriate faculty and
				faculty-related academic resources for the off-campus courses or
				program.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-009 - Commission Review and Determination

Current through June 17, 2024
Commission review of applications submitted under this rule
				  shall be based on criteria in section 008 and in accordance with procedures
				  established by the Commission. Applications submitted under this rule must be
				  approved by the appropriate governing board or by institutional officials to
				  whom the board has delegated the authority to submit applications.
009.01 The Commission may make such
				determinations as are necessary to assure compliance with this rule and
				applicable statutes. The Commission may review authorized or preauthorized
				activities if circumstances so warrant.
009.02 Upon receipt of a proposal for an
				off-campus course, program or facility requiring prior Commission approval
				pursuant to section 007 of this rule, the Commission shall hold a public
				hearing on the proposal, following notice to the public institution making such
				proposal and those impacted by such proposal. The Commission shall either
				approve or disapprove such proposal at a regularly scheduled meeting following
				such public hearing.
009.02 If the
				Commission receives a written complaint or objection regarding an off-campus
				program of an institution or receives a written appeal of a decision made by
				the Executive Director under section 006.02 communicated via the mail or
				electronically, the Commission shall review and take appropriate action with
				consideration as to the impact on affected students.
009.03 Pursuant to Section
				85-1418
				R.R.S. the Commission may issue orders to public institutions to cease
				activities not in compliance with this rule. Parties wishing to appeal final
				orders of the Commission shall proceed as provided in Section
				85-1418
				R.R.S.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-010 - Notification

Current through June 17, 2024
Notification of proposed off-campus programming and/or
				  facilities arrangements by an institution required under Commission procedures
				  shall be specific to that request. Public institutions shall not waive
				  notification or provide blanket approval to another institution's proposed
				  off-campus programming or facilities arrangements.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 10 - RULES AND REGULATIONS CONCERNING OFF-CAMPUS PROGRAMS IN THE STATE OF NEBRASKA › Section 281-10-011 - Reporting and Other Considerations

Current through June 17, 2024
011.01 Public institutions shall annually
				report information to the Commission concerning all off-campus courses or
				programs pursuant to procedures established by the Commission.
011.02 The Commission shall provide such
				procedures and timelines as are necessary to implement this rule.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 11 - RULES AND REGULATIONS CONCERNING REVIEW OF PUBLIC INSTITUTIONS' BUDGET AND STATE AID REQUESTS › Section 281-11-001 - CONSTITUTIONAL AUTHORITY

Current through June 17, 2024
001.01 Applicable Sections of the
				Constitution of the State of Nebraska include:
001.01A Constitution of the State of
				Nebraska, Edited 1992, Article VII -Education, Section 14, relating to
				Commission review and modification of budget requests of the Board of Regents
				of the University of Nebraska, the Board of Trustees of the Nebraska State
				Colleges, any board or boards established for the Community Colleges, or any
				other governing board for any other public postsecondary educational
				institution which may be established by the Legislature.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 11 - RULES AND REGULATIONS CONCERNING REVIEW OF PUBLIC INSTITUTIONS' BUDGET AND STATE AID REQUESTS › Section 281-11-002 - STATUTORY AUTHORITY

Current through June 17, 2024
Sections
				  85-1401;
				  85-1402(2),(4),(6),and
				  (7);
				  85-1404(2)
				  and (3);
				  85-1412(1)
				  and (2);
				  85-1413(5)
(d)
(g) and (j);
				  85-1416(1),(2)(a),(c),and
				  (4); relating to the Commission's review of
				  budgets, state aid requests, and major deficit appropriation requests
				  (R.R.S.).
Nebraska Revised Statutes, Section
				  85-1412(12)
				   relating to the Commission's allocation of
				  incentive funds.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 11 - RULES AND REGULATIONS CONCERNING REVIEW OF PUBLIC INSTITUTIONS' BUDGET AND STATE AID REQUESTS › Section 281-11-003 - SCOPE AND PURPOSE

Current through June 17, 2024
The Commission shall adopt, amend, repeal, or otherwise
				  implement such rules, regulations, guidelines, and procedures as the Commission
				  deems necessary to continue its ongoing constitutional and statutory
				  responsibility to review, study, recommend, and modify public institutional
				  budget requests if needed to promote compliance and consistence with the
				  Comprehensive Statewide Plan and prevent unnecessary duplication.
A review of budget outlines, budget priorities and tuition
				  levels shall be subject to the rules contained herein, the Statewide
				  Comprehensive Plan, and such other rules, regulations, guidelines, and
				  procedures as shall be promulgated by the Commission.
The purpose of the budget review process is to (1)
				  demonstrate the institution's compliance and consistence with the Comprehensive
				  Statewide Plan, (2) examine consistency with the institution's role and
				  mission, (3) consider major statewide funding issues or initiatives, and (4)
				  prevent unnecessary duplication within an institution, a sector, the state, or
				  region.
The primary focus of budget and budget priority reviews is on
				  new and expanded services and programs and major statewide funding issues or
				  initiatives.
Any footnotes contained herein shall not be construed as a
				  part of the rules of the Commission, but are used for illustrative purposes
				  only.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 11 - RULES AND REGULATIONS CONCERNING REVIEW OF PUBLIC INSTITUTIONS' BUDGET AND STATE AID REQUESTS › Section 281-11-005 - INSTITUTIONAL REPORTING

Current through June 17, 2024
005.01 The Board of Regents of the University
				of Nebraska and Board of Trustees of the Nebraska State Colleges shall submit
				outlines of their biennial budget requests, and major deficit budget requests,
				along with any other supporting information deemed necessary by the institution
				or requested by the Commission to identify the major components necessary for
				the Commission to determine the institution's compliance and consistency with
				the Comprehensive Statewide Plan and the existence of any unnecessary
				duplication, to the Commission at least 30 days prior to the required date of
				submission of the public institution budget requests to the Governor and the
				Legislature.
005.02 The Boards of
				Governors of the Community Colleges or their designated representatives shall
				submit to the Commission on September 15th of each biennial budget request year
				outlines of their proposed state aid requests, along with any other supporting
				information deemed necessary by the institution or requested by the Commission
				to identify the major components necessary for the Commission to determine the
				institution's compliance and consistency with the Comprehensive Statewide Plan
				and the existence of any unnecessary duplication.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 11 - RULES AND REGULATIONS CONCERNING REVIEW OF PUBLIC INSTITUTIONS' BUDGET AND STATE AID REQUESTS › Section 281-11-006 - BUDGET REQUEST

Current through June 17, 2024
The submission of the institution's budget request
				  information shall consist of an outline, as defined by the Commission, together
				  with such necessary supporting information as may be required by the Commission
				  to identify the major components necessary for the Commission to determine the
				  public institution's compliance with criteria stated in 008. The Commission
				  shall review and modify budget requests, deficit appropriation requests, and
				  state aid requests of governing boards as provided by law.
1Examples: Graduation rates,
				  graduate placement rates, program completers, research results, cost
				  containment, market share, facility square foot usage, student retention, or
				  any other key indicator that demonstrates accomplishment of stated
				  goals.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 11 - RULES AND REGULATIONS CONCERNING REVIEW OF PUBLIC INSTITUTIONS' BUDGET AND STATE AID REQUESTS › Section 281-11-007 - INSTITUTIONAL BUDGET PRIORITIES

Current through June 17, 2024
Submission of budget priorities shall include information as
				  defined by the Commission. Priorities shall be in the context of the
				  Comprehensive Statewide Plan, institutional role and mission and prevention of
				  unnecessary duplication. Priorities shall include proposed outcomes. The
				  Commission shall analyze and submit to the Governor and Legislature
				  recommendations for approval or modification of each governing board's budget
				  priority request together with a rationale for each such
				  recommendation.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 11 - RULES AND REGULATIONS CONCERNING REVIEW OF PUBLIC INSTITUTIONS' BUDGET AND STATE AID REQUESTS › Section 281-11-008 - BUDGET REVIEW CRITERIA

Current through June 17, 2024
Review criteria for Budget Requests and Budget Priorities
				  shall include:
008.01 Compliance and
				Consistency with the Comprehensive Statewide Plan
The budget requests, state aid requests, deficit
				  appropriation requests, and budget priorities shall demonstrate compliance and
				  consistency with the Comprehensive Statewide Plan, through appropriately
				  supplied institutional data as requested by the Commission.
008.02 Compliance with the Role and Mission
				Requirements
The budget requests, state aid requests, deficit
				  appropriation requests, and budget priorities shall be consistent and comply
				  with the role and mission of the institution, as defined by
				  law.
008.03 Prevention of
				Unnecessary Duplication
The prevention of unnecessary duplication in the use and
				  allocation of funds shall be a high priority of the Commission. Budget requests
				  and budget priorities shall not contribute to unnecessary
				  duplication.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 11 - RULES AND REGULATIONS CONCERNING REVIEW OF PUBLIC INSTITUTIONS' BUDGET AND STATE AID REQUESTS › Section 281-11-009 - ADDITIONAL CONSIDERATIONS

Current through June 17, 2024
009.01 Commission modifications, approvals,
				and/or recommendations shall be submitted to the Governor and the Legislature
				by October 15th of each year.
009.02 The Commission may recommend to the
				Governor and the Legislature establishment of incentive funds to achieve
				consistency with the Comprehensive Statewide Plan's goals for postsecondary
				education.
009.03 As appropriate,
				the Commission shall allocate state incentive funds among public institutions
				pursuant to statutory directives to the Commission authorizing such
				funds.
009.04 The Commission shall
				provide to the Governor and the Appropriations Committee of the Legislature on
				October 1st of each even-numbered year a report identifying public policy
				issues relating to student tuition and fees.
009.05 The Commission may conduct surveys and
				studies it deems appropriate and may in the conduct of same, request
				information from governing boards and appropriate administrators of public
				institutions and other governmental agencies.
009.06 The Commission may make such
				determinations as are necessary to assure compliance with this rule and
				applicable statutes.
009.07 Nothing
				in these rules shall be construed to affect other constitutional, statutory, or
				administrative requirements for the submission of budget or state aid requests
				by the governing boards, or designated representatives, to the Governor and the
				Legislature.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 12 - RULES OF PRACTICE › Section 281-12-001 - NEGOTIATED RULEMAKING

Current through June 17, 2024
This section establishes the rules and regulations to petition for negotiated rulemaking on controversial issues under the jurisdiction of the Coordinating Commission for Postsecondary Education ("Commission").
001.01 The Commission hereby adopts the model rules of procedures for negotiated rulemaking promulgated by the Attorney General pursuant to Neb. Rev. Stat. §
									84-909.01, Title 53,
Nebraska Administrative Code
, Chapter 1, "Model Procedures for Negotiated Rulemaking," including any amendments thereto.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 12 - RULES OF PRACTICE › Section 281-12-002 - PETITION FOR RULEMAKING

Current through June 17, 2024
This section establishes the rules and regulations for a person or entity to petition for rulemaking to promulgate, amend, or repeal a rule or regulation regarding matters under the jurisdiction of the Commission.
002.01 The Commission hereby adopts the model rules of procedures for petitioning for rulemaking promulgated by the Attorney General pursuant to Neb. Rev. Stat. §
									84-909.01, Title 53,
Nebraska Administrative Code
, Chapter 2, "Petitioning for Rulemaking," including any amendments thereto.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 12 - RULES OF PRACTICE › Section 281-12-003 - AGENCY DECLARATORY ORDERS

Current through June 17, 2024
This section establishes the rules and regulations for a person seeking the issuance of a declaratory order regarding matters under the jurisdiction of the Commission.
003.01 The Commission hereby adopts the model rules of procedures for declaratory orders promulgated by the Attorney General pursuant to Neb. Rev. Stat. $ 84-909.01, Title 53,
Nebraska Administrative Code
, Chapter 3, "Model Regulations and Procedures Governing Agency Declaratory Orders," including any amendments thereto.
Nebraska Administrative Code › Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION › Chapter 12 - RULES OF PRACTICE › Section 281-12-004 - HEARINGS IN CONTESTED CASES BEFORE THE AGENCY

Current through June 17, 2024
This section establishes the rules and regulations for hearings to determine the legal rights, duties, or privileges of specific parties when required by law or constitutional right on matters under the jurisdiction of the Commission.
004.01. The Commission hereby adopts the model rules of procedures for contested case hearings promulgated by the Attorney General pursuant to Neb. Rev. Stat. §
									84-909.01, Title 53,
Nebraska Administrative Code
, Chapter 4, "Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency," including any amendments thereto.
Nebraska Administrative Code › Topic - CORN BOARD › Title 37 - NEBRASKA CORN DEVELOPMENT, UTILIZATION AND MARKETING BOARD › Chapter 1 - CORN DEVELOPMENT, UTILIZATION AND MARKETING BOARD RULES › Section 37-1-001 - Administration of the Board

Current through June 17, 2024
001.01 Officers.
				Officers of the board shall be: chairperson, vice-chairperson, and
				secretary/treasurer. Officers shall be elected annually at the first regular
				meeting after either July 1st or whenever a vacancy occurs.
001.02 Quorum. No action may be taken by the
				board unless a quorum is present. A quorum shall consist of five members. Five
				affirmative votes shall be necessary to adopt any commodity program, to adopt
				any budget, to adopt, amend or repeal any rule and regulation of the board, to
				change the assessment rate, and to authorize the expenditure of funds and
				contracting of expenditures from the Nebraska Corn Development, Utilization,
				and Marketing Fund. On any other motion before the board, the concurrence of a
				majority of those present shall be sufficient.
001.03 Refunds for Overpayment of Fees.
Any purchaser who wishes to receive a refund for overpayment
				  of fees must submit a written application for the same to the Board or any
				  agency collecting on the Board's behalf no later than 60 days after the date of
				  the alleged overpayment. Said application shall state the following
				  information:
001.03A The name and
				address of the grower,
001.03B The
				name and address of the first purchaser,
001.03C The date of the payment of the
				overpaid fee,
001.03D The amount of
				fee paid,
001.03E The actual number
				of bushels of corn subject to the fee,
001.03F Any other relevant
				information,
001.03G Signature of
				person requesting the refund, and proof of the assessment must be attached
				thereto.
Nebraska Administrative Code › Topic - CORN BOARD › Title 37 - NEBRASKA CORN DEVELOPMENT, UTILIZATION AND MARKETING BOARD › Chapter 1 - CORN DEVELOPMENT, UTILIZATION AND MARKETING BOARD RULES › Section 37-1-002 - Appointment to the Board

Current through June 17, 2024
002.01 Candidacy
				Petitions.
002.01A Notice of Opening;
				Publication by Board. Not less than thirty days prior to the expiration of the
				term of board members, notice shall be given of board openings. Such notice
				shall advise prospective candidates of:
002.01A1 The board openings;
002.01A2 Where petitions may be obtained; and
002.01A3 The deadline for
				submitting petitions.
Nebraska Administrative Code › Topic - CORN BOARD › Title 37 - NEBRASKA CORN DEVELOPMENT, UTILIZATION AND MARKETING BOARD › Chapter 1 - CORN DEVELOPMENT, UTILIZATION AND MARKETING BOARD RULES › Section 37-1-004 - Annotation

Current through June 17, 2024
Neb
.
Rev
.
Stat
. Sections
				  2-3601 to
				  2-3635.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - GOOD TIME › Section 68-1-003 - Notice to Inmates

Current through June 17, 2024
After an inmate is admitted to a facility, the inmate will
				  receive written notice of the inmate's parole eligibility date and tentative
				  release date.
003.01 When an inmate's
				parole eligibility date or tentative release date is changed, the inmate will
				be given written notice of the new tentative release date or parole eligibility
				date.
003.02 An inmate's parole
				eligibility date or tentative release date can be changed as a result of a
				disciplinary action, a restoration of good time, a parole revocation, or a
				change in the law or the interpretation of the law.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 1 - GOOD TIME › Section 68-1-004 - Computation Questions

Current through June 17, 2024
An inmate's questions regarding the computation of the
				  inmate's good time, parole eligibility date or tentative release date will be
				  answered by the records office personnel in the facility where the inmate's
				  institutional files are maintained. The questions should be submitted to the
				  records office personnel on an Inmate Interview Request.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-002 - Department Policy

Current through June 17, 2024
NDCS provides an inmate with a procedure for the
				  administrative settlement of a legitimate grievance.
002.01 A grievance is not a formal grievance
				until the inmate submits a Step-One Grievance Form to the Warden or designee of
				the facility to which the inmate is assigned.
002.02 Any topic, including a request for an
				accommodation under the Americans with Disabilities Act (ADA), may be the
				subject of a grievance, except matters over which NDCS has no control,
				classification actions, and inmate disciplinary actions.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-003 - Grievance Principles

Current through June 17, 2024
These guidelines apply to the grievance procedure.
003.01 Any inmate in the custody of NDCS may
				file a grievance.
003.02 An inmate
				shall submit an Informal Grievance Resolution Form to designated unit
				staff.
003.03 If an inmate is
				dissatisfied with the response to the Informal Grievance, the inmate may file a
				Step-One Grievance with the Warden. The Step-One Grievance Form must be used
				and the Informal Grievance with the response thereto must be
				attached.
003.04 No one shall
				alter, interfere with, or delay the transmittal of an inmate
				grievance.
003.05 No inmate who
				uses the grievance procedure shall be subject to any type of disciplinary
				sanction or other adverse action for filing grievances unless a determination
				has been made that the inmate is abusing the grievance process, then a
				reasonable limitation may be placed on the number of grievances that may be
				filed by the inmate for a specified period of time.
003.06 Language used in grievances is subject
				to the Inmate Code of Offenses and Inmate Disciplinary Procedures.
003.07 Each grievance will be reviewed and,
				if necessary, investigated. The inmate shall receive a prompt written response.
				Circumstances such as illness, injury, or unavailability of a witness may
				lengthen the response time.
003.08
				Inmate grievances shall be confidential. Consistent with ensuring
				confidentiality, staff participating in the disposition of a grievance shall
				have access to records needed to respond to the grievance.
003.09 An inmate may not address a grievance
				to a particular staff member.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-004 - Grievance of a Sensitive Nature

Current through June 17, 2024
If the inmate believes that a grievance is of a sensitive
				  nature, the grievance may be filed directly with the Director or
				  designee.
004.01 A grievance of a
				sensitive nature may be mailed as privileged mail or sent to the Director or
				designee by interoffice mail on a Step-One or a Step-Two grievance form and
				must be marked "Sensitive Nature" at the top of the form.
004.02 The inmate must clearly explain the
				nature of the grievance and the reasons for not following the regular grievance
				procedure.
004.03 If the Director
				or designee determines that the grievance is not of a sensitive nature, the
				grievance shall be returned to the inmate with direction to use the regular
				grievance process.
004.04 If the
				Director or designee determines that the grievance is of a sensitive nature,
				the Director or designee shall conduct any necessary investigation. If the
				investigation indicates that action should be taken, the Director or designee
				shall cause the appropriate steps to be taken to resolve the grievance. The
				Director or designee has twenty working days to respond to a grievance
				submitted as a grievance of a sensitive nature.
Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 2 - GRIEVANCE PROCEDURES › Section 68-2-005 - Informal Grievance Procedures

Current through June 17, 2024
The following procedures apply to inmate informal
				  grievances:
005.01 When an inmate
				submits an Informal Grievance Resolution Form, unit staff will log and receipt
				the Informal Grievance Resolution Form. The receipt, containing the grievance
				log number, will be forwarded to the inmate. Unit staff shall review, and if
				necessary, investigate the grievance.
005.02 The Informal Grievance Resolution Form
				may be obtained from unit staff.
005.03 The Informal Grievance Resolution Form
				must be filed within three calendar days of the date of the incident.
005.04 Unit staff shall prepare a written
				response within 10 working days of the date the Informal Grievance was logged
				and receipted.