reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN › Section 429-2-004 - Qualified Distributions

Current through June 17, 2024
Qualified Distributions
withdrawals can be made
				  by a Qualified Individual for purposes of Long-Term Care Expenses, including
				  long-term care insurance if the participant has attained or exceeded the age of
				  fifty years.
Non-Qualified Distributions
by any Participant
				  who is not a Qualified Individual who makes a withdrawal for any reason other
				  than shall be subject to a 10% penalty on the amount withdrawn to be collected
				  by the State Treasurer or an agent of the State Treasurer, such as the
				  Department of Revenue per interagency agreement with the State
				  Treasurer.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN › Section 429-2-005 - Contributions

Current through June 17, 2024
Contributions & Maximum Contribution Limit
All Contributions to Accounts shall be in Cash. Contributions to an Account may
				  be made through an established periodic payment plan, through payroll
				  deductions and other similar automatic deduction plans, through one or more
				  lump-sum deposits and in means allowed by the Code, the Act, Participation
				  Agreement, and the Account Agreement. Contributions may be made at any time,
				  provided that (i) the total amount of Contributions to all Accounts maintained
				  within the Plan for the same Participant do not exceed the Maximum Contribution
				  Limit as defined by the Act; and (ii) no additional Contributions may be made
				  to the Account for Participant when the fair market value of all accounts
				  maintained with in the Plan plus the tendered Contribution exceeds the Maximum
				  Contribution Limit.
Not Required Every Year
A Participant shall not
				  be required to make an annual Contribution to the Plan; however, if a
				  Participant makes a Contribution, such Contribution shall comply with the
				  Maximum Contribution Limit.
Contributions in excess of State Income Tax
				  Deduction
Participant Contributions in excess of the State Income Tax
				  Deduction are allowed provided that the Contribution does not exceed the
				  Maximum Contribution Limit set forth in the Act. Earnings from Contributions in
				  excess of the State Income Tax Deduction compound free from Nebraska State
				  Income Tax.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN › Section 429-2-006 - Change of Beneficiary

Current through June 17, 2024
Change of Beneficiary
A participant may change a
				  Beneficiary as allowed by the Code and the Act, provided that the Participant
				  complies with section 03 of these Rules and Regulations
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN › Section 429-2-007 - Qualified Long-Term Care Expenses

Current through June 17, 2024
Qualified Long-Term Care Expenses
include
				  expenses incurred by the Participant in a Long-Term Care Facility or by use of
				  Long-Term Care Services, or In-Home Health Services when the Participant is
				  unable to perform Multiple Basic Life Functions. Home Modifications and
				  Assistive Technology Supports expenses that assist the Participant with the
				  performance of Multiple Basic Life Functions are also allowed to be reimbursed
				  under the Act.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN › Section 429-2-008 - Home Modifications and Assistive Technology Supports

Current through June 17, 2024
Home Modifications and Assistive Technology
				  Supports
expenses that assist the Participant in the Home with
				  Activities of Daily Living are permitted to be reimbursed under the Act.
Home Modifications
are those physical
				  adaptations to the home which enable the Participant to function with greater
				  independence in the home. Approvable modifications are limited to those which
				  are necessary to maintain the client in his/her home. Home modifications may
				  include, but are not limited to, the installation of ramps and grab bars;
				  widening of doorways; modification of bathroom facilities; or installation of
				  specialized electric and plumbing systems which are necessary to support
				  assistive equipment. Home modifications shall not include adaptations or
				  improvements to the home which are of general utility, and are not of direct
				  medical or remedial benefit to the participant, such as carpeting or roof
				  repair.
Home Modifications standards
All general contractors shall meet all applicable federal,
				  state, and local laws and regulations, including maintaining appropriate
				  licenses and/or certifications. Home modifications will be provided in
				  accordance with applicable local and state building codes. All modifications
				  must be made by or overseen by appropriately licensed/certified
				  persons.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Section 400-2-001 - NEGOTIATED RULEMAKING

Current through June 17, 2024
This section establishes the rules and regulations to petition for
	 negotiated rulemaking for matters under the jurisdiction of the
	 Department
001.01 The Department
  adopts and incorporates by reference the Model Rules promulgated by the
  Attorney General for procedures governing negotiated rulemaking found at 53 NAC
  1.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Section 400-2-002 - AGENCY RULE MAKING

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 Department
002.01 The Department adopts and incorporates
  by reference the Model Rules promulgated by the Attorney General for procedures
  governing rulemaking found at 53 NAC 2.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Section 400-2-003 - AGENCY DECLARATORY ORDERS

Current through June 17, 2024
This section establishes the rules and regulations for a person to seek
	 a declaratory order regarding a matter under the jurisdiction of the
	 Department
003.01 The Department
  adopts and incorporates by reference the Model Rules promulgated by the
  Attorney General for procedures governing declaratory orders found at 53 NAC
  3.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Section 400-2-004 - HEARINGS IN CONTESTED CASES

Current through June 17, 2024
This section establishes the rules and regulations to petition for a
	 hearing to enforce the legal rights, duties, or privileges of a specific party
	 regarding certain matters under the jurisdiction of the Department.
004.01 The Department, for matters not
  otherwise covered by regulations governing the Department, adopts and
  incorporates by reference the Model Rules promulgated by the Attorney General
  for procedures governing hearings in contested cases found at 53 NAC
  4.
004.02 This section shall not
  create a right of appeal or right to contest an agency action which is not
  specifically authorized by statute or Department regulations.
004.03 This section does not apply to appeals
  under this Title relating to applications for the Nebraska Veterans' Aid Fund,
  or to any appeals under this Title relating to the following:
004.03A Applications for admission to a
  Home;
004.03B Determination of an
  individual's member contribution;
004.03C Applications for readmission to a
  Home after voluntary discharge; or
004.03D Involuntary discharge from a
  Home.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 3 - NEBRASKA VETERANS' AID FUND › Section 400-3-001 - DEFINITIONS

Current through June 17, 2024
The following definitions shall apply to this Chapter:
001.01
Applicant
is
  a qualified individual who is seeking aid from the Department;
001.02
Commission
is
  the Veterans' Advisory Commission created by Neb. Rev. Stat. §
									80-401.06.
001.03
Designee
is
  an employee of the Department designated by the Director to receive and approve
  for payment or disapprove applications for aid pursuant to Neb. Rev. Stat.
  §
									80-401.03(2).
001.04
Deputy
  Director
is the Deputy Director of the Department.
001.05
Fund
is the
  Nebraska Veterans' Aid Fund created by Neb. Rev. Stat. §
									80-401 from which aid is
  granted.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 3 - NEBRASKA VETERANS' AID FUND › Section 400-3-002 - ELIGIBILITY

Current through June 17, 2024
002.01 The Fund is intended as a temporary
  emergency fund to assist eligible veterans and their dependents in time of need
  when an emergency occurs and funds available from other sources such as private
  resources (income, savings, loans, etc.), regular funds or agencies, pension,
  compensation, insurance, unemployment compensation and sick benefits, etc., are
  not sufficient for their immediate needs.
002.01A Aid will not be granted to eligible
  veterans or dependents whose emergency is caused by violation of law or State
  of Nebraska Rules and Regulations, and as a general rule, will not be furnished
  to families of such veterans.
002.01B Voluntary unemployment or refusal to
  work by eligible veterans or dependents does not constitute an
  emergency.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 3 - NEBRASKA VETERANS' AID FUND › Section 400-3-003 - APPLICATIONS FOR AID

Current through June 17, 2024
003.01 Application
  for aid shall be made through the local post of any recognized veterans
  organization or with a county veterans service officer. The applicant shall
  answer all questions and furnish the information requested and sign the
  application in the proper place before a county veterans service officer,
  officer of the post, or other competent authority. Only when an applicant is
  absent, physically unable, incompetent or deceased should the application be
  filed by another member of the family, and the reason therefore should be shown
  in the proper space.
003.02
  Applications for aid may be cancelled after thirty (30) calendar days if no
  response has been received from requests for submission of required documents;
  clarification of conflicting information; completion of unanswered questions or
  other information necessary to provide an appropriate decision.
003.03 Membership in a veterans organization
  is not necessary to apply for and receive aid from the Fund.
003.04 The applicant is notified in all cases
  when a decision on the application has been made. When aid has been granted,
  the applicant is notified when payment has been sent.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 3 - NEBRASKA VETERANS' AID FUND › Section 400-3-004 - APPEAL OF DISALLOWED CLAIMS

Current through June 17, 2024
When a claim is disallowed by the Deputy or Designee, the applicant
	 may request reconsideration. To request reconsideration, the applicant must
	 send the request for reconsideration to the Director, in writing within fifteen
	 (15) business days from the date the decision was mailed by the Department. The
	 applicant must provide reasons why the application should be reconsidered. The
	 Director or his or her designee will affirm, modify or reverse the decision of
	 the Deputy Director or Designee and the applicant will be notified of the
	 decision.
004.01 An applicant may
  appeal the decision made by the Director or his or her designee to disallow a
  claim to the Commission.
004.02 The
  applicant may, within fifteen (15) business days after the notice of the
  decision from the Director or his or her designee was mailed by the Department,
  file with the Chairman of the Commission a written notice of appeal setting
  forth facts and grounds for the appeal.
004.03 The Commission shall convene to hear
  the appeal of a denial for aid from the Fund.
004.03A The Chairperson of the Commission
  shall fix a time and place for the hearing, which shall not be later than three
  (3) months following the date of filing the request for appeal.
004.03B The Chairperson of the Commission may
  convene either an in person or virtual hearing.
004.03C The applicant may appear in person at
  the hearing and/or be represented by legal counsel.
004.03D The applicant shall be granted the
  opportunity to present either oral or written testimony in support of the
  claim, whether or not same testimony has previously been submitted.
004.03E The Director, or his designee or
  legal counsel, shall have the right to rebut or explain any testimony which
  might be submitted.
004.03F The
  Commission shall have the power to grant a continuance of the hearing to afford
  either the applicant or the Director, his or her designee, or legal counsel,
  the opportunity to present additional evidence.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 4 - WAIVER OF TUITION › Section 400-4-001

Current through June 17, 2024
Applications must be submitted in a timely manner for proper checking
	 and certification. Applications for waiver of tuition for a school term which
	 has concluded will be processed only to verify with a school that the applicant
	 would have been eligible if the application had been submitted prior to or
	 during the school term.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 4 - WAIVER OF TUITION › Section 400-4-003

Current through June 17, 2024
The Department will obtain certification from the USDVA as to the
	 eligibility of an applicant under Neb Rev. Stat. §
									80-411(2)(b). The
	 Director will determine whether the applicant is eligible for the waiver, and
	 if so, will forward the application to the state supported school chosen by the
	 applicant, certifying the applicant's eligibility.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 4 - WAIVER OF TUITION › Section 400-4-004

Current through June 17, 2024
Simultaneous waivers are allowed, provided the primary/initial
	 institution acknowledges, in writing, that the credits earned at the
	 secondary/alternative institution will transfer to the degree program of the
	 primary institution Each application for waiver shall be submitted to the
	 Department on a separate application. The secondary waiver shall only be
	 effective for the term being applied for.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 5 - VETERAN CEMETERY DIVISION › Section 400-5-001

Current through June 17, 2024
The State Veteran Cemetery(ies) operated by the Department
	 follow:
(a) the GI Bill Improvement Act
  of 1977, Pub. L. No.
				95-202§ 401, 91 Stat 1433, 1449-1459 (1977),
(b) National Cemetery Administration
  Directive 3210/1 (rev. June 8, 2020),
(c)
									38 CFR §
										3.7(x) (2011) and
(d)
									38 USC §§
										2402(a) and
  2408 (2022) for eligibility for
  interment, the provision of memorial markers and all other aspects of
  memorialization and interment. These regulations are attached hereto and
  incorporated herein by reference as "Attachment A."
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 5 - VETERAN CEMETERY DIVISION › Section 400-5-002

Current through June 17, 2024
The State Veteran Cemetery(ies) operated by the Department adopts the
	 National Cemetery Administration's National Shrine Commitment Operational
	 Standards and Measures, Version 4.0, (rev. October 2009) as guidelines for
	 general appearance of the cemetery and maintenance of the associated grounds
	 and buildings. These standards are available for inspection from the Department
	 upon request.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 6 - NEBRASKA STATE VETERANS' HOMES › Section 400-6-001 - DEFINITIONS

Current through June 17, 2024
Throughout this Chapter, the following definitions apply:
001.01
Administrator
is a person duly appointed to manage a Home, who holds a license to serve as a
  full-time nursing home administrator in the State of Nebraska.
001.02
Applicant
is
  a veteran or other qualified individual who is seeking admission to the
  Home.
001.03
Asset
is all real property and personal property, both
  tangible and intangible, owned by the applicant or member and his or her
  spouse.
001.04
Board
is the Veterans' Homes Board.
001.05
Business
  Office
is a division in the Home responsible for members'
  finances.
001.06
Dependent child
is a child of the applicant or member
  who lives with the applicant, or resides in the member's former residence, and
  is (a) less than 19 years of age, or (b) less than 24 years of age and is a
  full-time student pursuing an accredited course of secondary or post-secondary
  education. Dependent includes court-ordered dependent(s).
001.07
Income
means
  gain or recurrent benefit received in money or in-kind from any source
  including, but not limited to:
001.07A Alimony
  and support payments;
001.07B
  Distribution from a pension, individual retirement account, annuity, trust, or
  structured settlement;
001.07C
  Dividends;
001.07D Farm
  Income;
001.07E Grants;
001.07F Insurance, including but not limited
  to, nursing home insurance;
001.07G
  Interest;
001.07H Land contract
  income;
001.07I Military retirement
  income, disability benefits and/or service benefits;
001.07J Railroad retirement
  benefits;
001.07K Rental property
  and lease income;
001.07L
  Reportable gambling winnings;
001.07M Royalties;
001.07N Social Security benefits;
001.07O Spouse employment income;
001.07P Unemployment compensation;
001.07Q USDVA compensation, non-service
  connected disability and/or pension;
001.07R Wages, including severance payments;
  and/or
001.07S Workers'
  Compensation benefits.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 6 - NEBRASKA STATE VETERANS' HOMES › Section 400-6-002 - APPLICATION AND ADMISSION

Current through June 17, 2024
002.01 Applications
  for admission will be submitted on forms developed by the Department.
002.02 Eligible applicants will be admitted
  in the order completed applications are received for the type of care they
  need, with veterans given preference over non-veterans.
002.03 BOARD AUTHORITY
002.03A The decision to approve or deny an
  application for admission to the Home is made by the Board.
002.03B The Chairperson of the Board shall
  have the authority with the approval of the Secretary to waive a guideline or
  policy established by the Board for the purposes of expediting the admission of
  a member or for safeguarding the health, safety, or welfare of a potential or
  current member of the Home. All such actions of the Chairperson shall be
  reviewed and voted on by the Board at its next meeting. In the absence of the
  Chairperson, the Vice-Chair shall have the same authority.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 6 - NEBRASKA STATE VETERANS' HOMES › Section 400-6-003 - MEMBER CONTRIBUTIONS

Current through June 17, 2024
003.01 The Board
  will determine the Veterans' Home's maximum member contribution. The maximum
  member contribution is the standard monthly rate to defray the cost of a
  member's care, support, and treatment in a Home as determined by the Board
  considering factors the Department and the Board deem relevant.
003.02 Any change in the maximum member
  contribution will be posted in places in the Homes accessible to members at
  least thirty (30) days before the effective date of a rate change. If a member
  or his or her legal representative has provided the Home's Administrator a
  written designation of the name and address of a person to receive notice on
  behalf of the member, the Administrator or his or her designee will mail notice
  of the change in the maximum member contribution to the designated person at
  least thirty (30) days prior to the effective date of the change.
003.03 Member contributions are due and
  payable in advance of each month, on or before the last business day of the
  preceding month and are delinquent if not paid when due.
003.04 If a member's monthly member
  contribution has not been paid in full within sixty (60) days of the due date,
  the Department may refer the member's account for collection and the member may
  be discharged.
003.05 A member's
  monthly member contribution is based on his or her income and assets and
  applicable allowances as prescribed by the Board. Each member is liable for:
003.05A The maximum member contribution if
  his or her assets, after allowances established by the Board, equal or exceed
  in value the maximum asset level set by the Board; or
003.05B The amount by which the member's
  income exceeds allowances established by the Board if the total value of a
  member's assets, after allowances established by the Board, is less than the
  maximum asset level set by the Board.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 6 - NEBRASKA STATE VETERANS' HOMES › Section 400-6-004 - DISCHARGE

Current through June 17, 2024
004.01 If a member voluntarily discharges
  without good cause on two or more occasions, his or her application for
  readmission to a Home will be denied for one year unless there are extenuating
  circumstances, subject to the approval of the Board. Good cause and extenuating
  circumstances are determined by the Board.
004.02 A member may be involuntarily
  discharged if deemed a danger to self or any other person or for other cause
  including, but not limited to, commission of any of the following acts by a
  member or the member's spouse, legal representative or other fiduciary:
004.02A Submission of an application for
  admission which is inaccurate or incomplete;
004.02B Failure to pay the member's member
  contribution within sixty (60) days of the due date;
004.02C Transfer or assignment of an interest
  in real property;
004.02D
  Deprivation of any income or asset of an applicant or member or his or her
  spouse or dependent child(ren) which, absent such deprivation, would be
  considered in determining the member contribution or which adversely affects
  payment of the member contribution;
004.02E Transfer, either before or after
  admission, of income of a member or his or her spouse or dependent child(ren)
  or any asset into a trust and failure of the trustee to timely disburse amounts
  from the trust sufficient to assure that the member's contribution does not
  become delinquent;
004.02F Consent
  to a divorce decree which deprives the member of any income or asset which
  would, absent such decree, have been considered in determining the member's
  contribution;
004.02G Failure to
  report an asset and/or income increase within thirty (30) days;
004.02H Failure to report an inheritance,
  legacy, back pay award, federal benefit or other change in assets which are
  available or deemed available to the member or his or her spouse or dependent
  child(ren) within thirty (30) days;
004.02I Failure to apply for all monetary
  benefits for which a member may qualify which would increase the member's
  assets and income and result in an increase in his or her monthly member
  contribution;
004.02J Failure to
  furnish written consent to release medical or financial information within five
  (5) business days upon request; and/or
004.02K Failure to comply with Department or
  Board policies for applicants or members.
Nebraska Administrative Code › Topic - VETERANS AFFAIRS, DEPARTMENT OF › Title 400 - VETERANS' AFFAIRS › Chapter 6 - NEBRASKA STATE VETERANS' HOMES › Section 400-6-005 - REQUESTS FOR BOARD DETERMINATION

Current through June 17, 2024
005.01 Involuntary
  discharge determinations will be considered at meetings of the Board.
005.02 The member or member's legal
  representative may attend the meeting of the Board and may submit supporting
  documentation to the Secretary prior to the Board's meeting. All correspondence
  with the Board will be sent, properly addressed, to the Secretary. The Board
  may allow any person to participate telephonically including witnesses
  providing testimony.
005.03 The
  Secretary will send a copy of the dated, written determination of the Board, to
  the Department representative and to the member or his or her legal
  representative.
Nebraska Administrative Code › Topic - WHEAT BOARD › Title 483 - WHEAT BOARD › Chapter 1 - WHEAT EXCISE TAX REGULATION › Section 483-1-002 - QUORUM

Current through June 17, 2024
A quorum shall consist of the majority of the members of the
				  Board for the transaction of business. Actions require a majority of all
				  members present, with the exception of decisions to fire the Director, which
				  would require at least four affirmative votes.
Nebraska Administrative Code › Topic - WHEAT BOARD › Title 483 - WHEAT BOARD › Chapter 1 - WHEAT EXCISE TAX REGULATION › Section 483-1-003 - OFFICERS

Current through June 17, 2024
At the first meeting after the start of the State fiscal year
				  the Committee shall select a chairperson, and may select such other officers as
				  it may deem necessary. A special election may be held whenever a vacancy
				  occurs. Officers will hold office until their successors are elected. No
				  officer may serve more than two consecutive years in a position. Nebraska Wheat
				  Board Office staff will serve as secretary, pursuant to
				  statute.
Nebraska Administrative Code › Topic - WHEAT BOARD › Title 483 - WHEAT BOARD › Chapter 1 - WHEAT EXCISE TAX REGULATION › Section 483-1-004 - RATE

Current through June 17, 2024
The amount of the excise tax provided for under section
				  2-2311
				  of the Act shall be set at 0.5% of net value upon all wheat sold through
				  commercial channels on and after September 1, 2021. The rate may be reduced or
				  increased to not more than .5% of the net market value by the rules process,
				  pursuant to statute.
Nebraska Administrative Code › Topic - WHEAT BOARD › Title 483 - WHEAT BOARD › Chapter 1 - WHEAT EXCISE TAX REGULATION › Section 483-1-005 - HEARINGS

Current through June 17, 2024
005.1
GENERAL
				PROVISION.
The board may conduct public hearings for any purpose
				consistent with its responsibilities, including but not limited to the
				adoption, amendment or repeal of rules and regulations and providing growers of
				wheat the opportunity to offer ideas and suggestions relative to board policy.
005.2
NOTICE.
Notice shall be given of all public hearings
				held by the board. The notice shall be published at least once either in a
				newspaper of general circulation in the area affected by the business of the
				hearing or in a newspaper of general circulation in the state, and the
				publication shall be made at least 30 days prior to the date of hearing. Such
				notice shall contain information as to the date, time, place and purpose of the
				hearing.
005.3
PROCEDURE.
The chairperson, vice-chairperson or a
				designated member shall serve as hearing officer. The hearing officer may
				appoint a hearing examiner to assist in the conduct of the hearing. The hearing
				officer or examiner shall, among other things, open the proceedings, enter into
				the record the notice of hearing, take appearances, receive exhibits, answer
				questions or call upon other persons present to answer questions, and close the
				proceedings. No person shall be required to be sworn in prior to presenting any
				evidence, which may consist of oral or written comments and any document. All
				persons presenting evidence shall state their name, address, and organization
				they represent, if any. All evidence is to be directed at the business of the
				hearing and may be excluded by the hearing officer or examiner if cumulative,
				repetitive, or irrelevant.
005.4
RECORD.
A record shall be made of the hearing, with
				the evidence presented being a part thereof. It may consist of written
				statements and any other documents, along with tape recordings or oral
				evidence. The record may be held open for a designated period of time at the
				discretion of the hearing officer for submission of any evidence not available
				at the time of hearing, pursuant to statute.
Nebraska Administrative Code › Topic - WHEAT BOARD › Title 483 - WHEAT BOARD › Chapter 1 - WHEAT EXCISE TAX REGULATION › Section 483-1-006 - REFUNDS FOR OVERPAYMENT OF FEES

Current through June 17, 2024
Any first purchaser or grower who would like to receive
				  reimbursement for overpayment of fees must submit a written application for the
				  same to the board. Said application shall state the following
				  information:
006.1
THE
				NAME AND ADDRESS OF THE GROWER,
006.2
THE NAME AND ADDRESS OF THE
				FIRST PURCHASER,
006.3
THE DATE OF THE PAYMENT OF THE OVERPAID FEE,
006.4
THE AMOUNT OF FEE
				PAID,
006.5
THE ACTUAL BUSHELS SUBJECT TO THE FEE,
006.6
THE NET VALUE OF THE WHEAT
				SOLD OR MORTGAGED,
006.7
ANY OTHER RELEVANT
				INFORMATION,
006.8
SIGNATURE OF THE PERSON REQUESTING THE REIMBURSEMENT, AND PROOF OF
				THE ASSESSMENT MUST BE ATTACHED THERETO.
Reimbursement will be
				pursuant to statute.
Nevada Administrative Code › Chapter 38 - Mediation and Arbitration › Section 38.350 - Claims relating to residential property within common-interest community

Current through June 11, 2024
1. A person required to submit a civil action to mediation or arbitration pursuant to NRS 38.310 must serve a copy of the written claim and the statement explaining the procedures for mediation and arbitration on the opposing party within 45 days after filing the claim with the real estate division of the department of business and industry.
2. Proof of service of the documents required pursuant to subsection 1 must be filed:
(a) With the division within 10 days after service of the claim and statement; and
(b) On a form provided by the division.
Nevada Administrative Code › Chapter 41 - Tort Claims Against the State, Its Agencies and Political Subdivisions › Section 41.100 - Claims for compensation

Current through June 11, 2024
1. In support of a claim for compensation for death or personal injury a claimant must submit:
(a) A statement which sets forth the amount of relief sought;
(b) A clear and concise statement which explains how the injury occurred;
(c) Reports from all physicians who, subsequent to the claimant's injury or to the death, treated or examined the claimant or decedent in relation to the injury for which compensation is claimed; and
(d) A statement as to why the claimant believes the state to be responsible for the damages.
Nevada Administrative Code › Chapter 41 - Tort Claims Against the State, Its Agencies and Political Subdivisions › Section 41.110 - Independent physicians, appraisers

Current through June 11, 2024
1. In any claim for compensation for a personal injury the board may engage an independent physician to examine the claimant.
2. In any claim for compensation for the injury to or loss of property the board will engage an independent appraiser to determine the extent of damage to the property.
Bd. of Examiners, Tort Claims, §§ 4 & 5, eff. 12-20-79
Nevada Administrative Code › Chapter 41 - Tort Claims Against the State, Its Agencies and Political Subdivisions › Section 41.130 - Awards for damages in tort actions

Current through June 11, 2024
If a tort claim filed pursuant to NRS 41.036 against the state, any of its agencies or any of its present or former officers, employees, immune contractors or legislators:
1. Is for an aggregate amount that is less than the maximum allowable award for damages set forth in NRS 41.035, the attorney general shall:
(a) Investigate the claim; and
(b) Based on the best interest of the state, as determined by the attorney general, approve, deny or settle the tort claim.
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.020 - Form of affidavit regarding competence of person to operate certified breath-testing device and regarding identity of person from whom affiant obtained sample

Current through June 11, 2024
An affidavit which is referred to in subsection 1 of NRS 50.315 must be in substantially the following form:
State of Nevada }
}ss.
County of............................... }
I, .............................., being first duly sworn, depose and say:
That I am ................ (occupation) employed by ............. (employer);
That I was certified on ......................... (date) by the Director of the Department of Public Safety as being competent to operate a ................ (name of breath-testing device), a device of a type which, as designed and manufactured, has been certified by the Committee on Testing for Intoxication to be accurate and reliable for testing a person's breath to determine the concentration of alcohol in his or her breath;
That on ......................... (date) I obtained a sample of the breath of ................ (name of person tested) and tested it in accordance with the prescribed checklist on a ................ (name of device) which was functioning properly; and
That the tests indicated the breath of the person tested contained the following concentrations of alcohol (grams per 210 liters of breath):
1st test .... 2nd test .... 3rd test ....
...........................................................
Affiant's Signature
...........................................................
Affiant's Title
Subscribed and sworn to before me this
............. day of the month of ........... of the year ......
...................................................................................
Notary Public
Added to NAC by Com. on Testing for Intoxication, eff. 10-26-83; A 11-23-93; 9-9-94; R112-97, 5-26-98; R137-99, 12-13-99
NRS 50.315
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.025 - Form of declaration regarding competence of person to operate certified breath-testing device and regarding identity of person from whom affiant obtained sample

Current through June 11, 2024
A declaration which is referred to in subsection 1 of NRS 50.315 must be in substantially the following form:
I, ..........................................., hereby declare:
That I am ................ (occupation) employed by ............. (employer);
That I was certified on ......................... (date) by the Director of the Department of Public Safety as being competent to operate a ................ (name of breath-testing device), a device of a type which, as designed and manufactured, has been certified by the Committee on Testing for Intoxication to be accurate and reliable for testing a person's breath to determine the concentration of alcohol in his or her breath;
That on ......................... (date) I obtained a sample of the breath of ................ (name of person tested) and tested it in accordance with the prescribed checklist on a ................ (name of device) which was functioning properly; and
That the tests indicated the breath of the person tested contained the following concentrations of alcohol (grams per 210 liters of breath):
1st test ... 2nd test ... 3rd test ...
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ......................................... .............................................................................
(Date) (Declarant's Signature)
.............................................................................
(Declarant's Title)
Added to NAC by Com. on Testing for Intoxication by R112-97, eff. 5-26-98; A by R137-99, 12-13-99
NRS 50.315
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.030 - Form of affidavit regarding preparation of solution or gas used in calibrating breath-testing device

Current through June 11, 2024
An affidavit which is referred to in subsection 2 of NRS 50.315 must be in substantially the following form:
State of Nevada }
}ss.
County of............................... }
I, ........................., being first duly sworn, depose and say:
That I am a ............... (occupation) employed by ................ (employer);
That on ......................... (date) I prepared a ............... (chemical solution or gas) consisting of ................ (description and composition of solution or gas) as necessary for accurately calibrating the ................ (name of device).
I do hereby swear under penalty of perjury that the assertions of this affidavit are true.
...........................................................
Affiant's Signature
...........................................................
Affiant's Title
Subscribed and sworn to before me this
............. day of the month of ........... of the year ......
...................................................................................
Notary Public
Added to NAC by Com. on Testing for Intoxication, eff. 10-26-83; A 7-18-88; R112-97, 5-26-98
NRS 50.315
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.035 - Form of declaration regarding preparation of solution or gas used in calibrating breath-testing device

Current through June 11, 2024
A declaration which is referred to in subsection 2 of NRS 50.315 must be in substantially the following form:
I, ..........................................., hereby declare:
That I am a ............... (occupation) employed by ................ (employer);
That on ......................... (date) I prepared a ............... (chemical solution or gas) consisting of ................ (description and composition of solution or gas) as necessary for accurately calibrating the ................ (name of device).
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ......................................... .............................................................................
(Date) (Declarant's Signature)
.............................................................................
(Declarant's Title)
Added to NAC by Com. on Testing for Intoxication by R112-97, eff. 5-26-98
NRS 50.315
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.040 - Form of affidavit regarding calibration of breath-testing device

Current through June 11, 2024
An affidavit referred to in subsection 3 of NRS 50.315 must be in substantially the following form:
State of Nevada }
}ss.
County of............................... }
I, .........................., being first duly sworn, depose and say:
That I am a forensic analyst of alcohol employed by ................ (name of employer);
That I was certified by the Director of the Department of Public Safety on ......................... (date) as a person competent to calibrate evidential breath-testing devices;
That on ......................... (date) I calibrated a ................ (name of device) bearing serial number ........ which is located at the ................ (name of law enforcement agency) in ................ (city or county), Nevada;
That the ................ (name of device) is certified by the Committee on Testing for Intoxication, as designed and manufactured, to be accurate and reliable for the purpose of testing a person's breath to determine the concentration of alcohol in the person's breath (grams per 210 liters of breath);
That the calibration was performed by verifying the response and accuracy of the device, as prescribed in the regulations of the Committee on Testing for Intoxication, by ................ (description of procedure used);
That the calibration was performed within the period required and that the device was otherwise maintained as required by the regulations of the Committee on Testing for Intoxication; and
That upon completion of the calibration the ................ (name and serial number of device) was operating properly.
...........................................................
Affiant's Signature
...........................................................
Affiant's Title
Subscribed and sworn to before me this
............. day of the month of ........... of the year ......
...................................................................................
Notary Public
Added to NAC by Com. on Testing for Intoxication, eff. 10-26-83; A 11-23-93; 9-9-94; R112-97, 5-26-98; R137-99, 12-13-99
NRS 50.315
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.045 - Form of declaration regarding calibration of breath-testing device

Current through June 11, 2024
A declaration referred to in subsection 3 of NRS 50.315 must be in substantially the following form:
I, ..........................................., hereby declare:
That I am a forensic analyst of alcohol employed by ................ (name of employer);
That I was certified by the Director of the Department of Public Safety on ......................... (date) as a person competent to calibrate evidential breath-testing devices;
That on ......................... (date) I calibrated a ................ (name of device) bearing serial number ........ which is located at the ................ (name of law enforcement agency) in ................ (city or county), Nevada;
That the ................ (name of device) is certified by the Committee on Testing for Intoxication, as designed and manufactured, to be accurate and reliable for the purpose of testing a person's breath to determine the concentration of alcohol in the person's breath (grams per 210 liters of breath);
That the calibration was performed by verifying the response and accuracy of the device, as prescribed in the regulations of the Committee on Testing for Intoxication, by ................ (description of procedure used);
That the calibration was performed within the period required and that the device was otherwise maintained as required by the regulations of the Committee on Testing for Intoxication; and
That upon completion of the calibration the ................ (name and serial number of device) was operating properly.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ......................................... .............................................................................
(Date) (Declarant's Signature)
.............................................................................
(Declarant's Title)
Added to NAC by Com. on Testing for Intoxication by R112-97, eff. 5-26-98; A by R137-99, 12-13-99
NRS 50.315
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.050 - Form of affidavit regarding withdrawal of sample of blood

Current through June 11, 2024
An affidavit referred to in subsection 4 of NRS 50.315 must be in substantially the following form:
State of Nevada }
}ss.
County of............................... }
I, ........................., being first duly sworn, depose and say:
That I am a ................ (occupation) employed by ................ (employer);
That a regular part of my duties is the withdrawing of blood samples from persons and I am authorized to do so by the ......................... (name of appropriate licensing or certifying agency);
That on ......................... (date) at ..... o'clock ...m., I withdrew a sample of blood in a medically accepted manner from a person known to me as ................ (name); and
That I kept the sample of blood in my sole custody or control and it remained in substantially the same condition as when I first obtained it until on ......................... (date) I delivered the sample to ................ (name of person) of the ................ (name of law enforcement agency).
I do hereby swear under penalty of perjury that the assertions of this affidavit are true.
...........................................................
Affiant's Signature
...........................................................
Affiant's Title
Subscribed and sworn to before me this
............. day of the month of ........... of the year ......
...................................................................................
Notary Public
Added to NAC by Com. on Testing for Intoxication, eff. 10-26-83; A 7-18-88; R112-97, 5-26-98
NRS 50.315
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.055 - Form of declaration regarding withdrawal of sample of blood

Current through June 11, 2024
A declaration referred to in subsection 4 of NRS 50.315 must be in substantially the following form:
I, ................., hereby declare:
That I am a ................ (occupation) employed by ................ (employer);
That a regular part of my duties is the withdrawing of blood samples from persons and I am authorized to do so by the ......................... (name of appropriate licensing or certifying agency);
That on ......................... (date) at ..... o'clock ...m., I withdrew a sample of blood in a medically accepted manner from a person known to me as ................ (name); and
That I kept the sample of blood in my sole custody or control and it remained in substantially the same condition as when I first obtained it until on ......................... (date) I delivered the sample to ................ (name of person) of the ................ (name of law enforcement agency).
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ......................................... .............................................................................
(Date) (Declarant's Signature)
.............................................................................
(Declarant's Title)
Added to NAC by Com. on Testing for Intoxication by R112-97, eff. 5-26-98
NRS 50.315
Nevada Administrative Code › Chapter 50 - Witnesses › Section 50.060 - Form of affidavit regarding custody of sample or other evidence

Current through June 11, 2024
An affidavit referred to in subsection 5 of NRS 50.315 must be in substantially the following form:
State of Nevada }
}ss.
County of............................... }
I, ........................., being first duly sworn, depose and say:
That I am a ................ (occupation) employed by ................ (employer);
That on ......................... (date) I received from ................ (name of person) certain evidence bearing Identification No. ..... of the ................ (law enforcement agency), consisting of ................ (description of evidence); and
That I kept the evidence in my sole custody or control and in substantially the same condition as when I first received it until on ......................... (date) when I delivered the evidence to ................ (name of person).
...........................................................
Affiant's Signature
...........................................................
Affiant's Title
Subscribed and sworn to before me this
............. day of the month of ........... of the year ......
...................................................................................
Notary Public
Added to NAC by Com. on Testing for Intoxication, eff. 10-26-83; A by R112-97, 5-26-98
NRS 50.315