Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - Definitions and General Provisions for Fair Housing Act Complaint Proceedings › Section 140-1-002 - Other Definitions

Current through June 17, 2024
002.01 Act
Act shall mean the Nebraska Fair Housing Act,
Neb.
				  Rev. Stat
. §§
										20-301
				  to
				  20-344 as
				  amended.
002.02 Chair
Chair shall mean the Chairperson of the Nebraska Equal
				  Opportunity Commission, or in the absence of Chair, the Vice Chair, or, in the
				  absence of both, any member of the Commission designated by the Chair or a
				  majority of the Commission to serve. The term "Commissioner" shall mean any
				  member, including the Vice Chair and the Chair of the
				  Commission.
002.03 Charge
Charge shall consist of a short and plain statement of the
				  facts upon which the Commission has found reasonable cause to believe that a
				  discriminatory housing practice has occurred or is about to occur, shall be
				  based on the final investigative report, and need not be limited to the facts
				  or grounds alleged in the complaint filed under section
				  20-326.
002.04 Complaint
Complaint shall mean a written statement under oath or
				  affirmation, filed with the Commission by a person claiming to be aggrieved,
				  setting forth time, place, and facts of an unlawful act alleged to have been
				  committed by a respondent.
002.05 Complainant
Complainant means the Commission or any person filing a
				  complaint.
002.06 Conference
Conference shall mean a method in which the Commission brings
				  together the complainant(s) and respondent(s) to a complaint, with or without
				  witnesses, to give testimony in the course of an
				  investigation.
002.07
				Discriminatory practice or unlawful act
Discriminatory practice or unlawful act shall mean any of the
				  acts, conduct and matters defined as constituting discriminatory practice by
Neb. Rev. Stat
.
§§
20-318 through
				  20-321, and section
				  20-344 of the
				  Act.
002.08 Executive
				Director
Executive Director shall mean an employee of the Commission,
				  selected by, and serving at the will of the Commission as Executive Director,
				  who shall have such duties, powers and authority as may be conferred upon her
				  or him by the Commission, subject to the provisions of the
				  Act.
002.09 Party or parties
Party or parties shall mean either the complainant or the
				  respondent, or both.
002.10
				Personal service
Personal service means handing a copy of the document to the
				  person to be served or leaving a copy of the document with a person of suitable
				  age and discretion at the place of business, residence or usual place of abode
				  of the person to be served.
002.11 Receipt of notice
Receipt of notice means the day that personal service is
				  completed by handing or delivering a copy of the document to an appropriate
				  person or the date that a document is delivered by certified
				  mail.
002.12 Respondent
Respondent shall mean a person the person or entity accused
				  in a complaint of a discriminatory practice and any other person or entity
				  identified in the course of investigation and joined as a respondent pursuant
				  to section
				  20-326(2)
				   of the Act.