reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-013 - Grants or gifts

Current through June 17, 2024
The Agency may accept grants or gifts from any source to fund a
											  negotiated rulemaking process if:
013.01 Information on the name of
										the person giving the grant or gift and the amount of the grant or gift is available to the public.
013.02 The grant or gift is given to and accepted by the Agency without
										placing any condition on the membership of a committee or the outcome of the negotiated rulemaking
										process.
013.03 There is a consensus among the members of the
										negotiated rulemaking committee that the acceptance of the grant or gift will not diminish the integrity of
										the negotiated rulemaking process.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-014 - Negotiated rulemaking committee; termination

Current through June 17, 2024
A negotiated rulemaking committee shall terminate upon the adoption of
											  the final rule under consideration by the Commission pursuant to the APA, unless the Commission, after
											  consulting the committee, or the committee itself specifies an earlier termination date.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 305-1-015 - Negotiated rulemaking procedure; judicial review

Current through June 17, 2024
Any action of the Commission relating to establishing, assisting or
											  terminating a negotiated rulemaking committee under the Negotiated Rulemaking Act shall not be subject to
											  judicial review, except that nothing in this section shall bar judicial review if such judicial review is
											  otherwise provided by law.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 2 - Rules of Practice and Procedure for Petitioning for Rulemaking › Section 305-2-001 - General Information

Current through June 17, 2024
001.01 Application of Rules
These rules are promulgated pursuant to Neb. Laws 1994, LB 446, and 53
											  Nebraska Administrative Code, Chapter 2.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 2 - Rules of Practice and Procedure for Petitioning for Rulemaking › Section 305-2-002 - Rulemaking Petition

Current through June 17, 2024
002.01 Petition
Any person may petition the State Real Estate Commission requesting the
											  promulgation, amendment, or repeal of a rule or regulation.
002.02 Form
The petition:
002.02A Shall be
										clearly designated as a petition for a rule change;
002.02B In
										the case of a proposed new rule or amendment of an existing rule, shall set forth the desired rule in its
										entirety;
002.02C In the case of a petition for the repeal of an
										existing rule, shall state that it is a petition for repeal and shall either set forth the rule to be
										repealed in full or shall refer to it, by the State Real Estate Commission rule number;
002.02D Shall describe the reason for the rule change;
002.02E Shall include an address and telephone where the petitioner can be
										reached during regular work hours; and
002.02F Shall be signed
										by:
002.02F1 The Petitioner or his or her attorney, in which case the
										attorney shall also state his or her address, telephone number, and bar number;
002.02F2 A duly authorized officer of the petitioner, if petitioner is a
										corporation or other legal entity.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 2 - Rules of Practice and Procedure for Petitioning for Rulemaking › Section 305-2-003 - Petition Consideration and Disposition

Current through June 17, 2024
003.01 Within sixty (60) days after submission of a petition, the State
										Real Estate Commission shall:
003.01A Deny the petition in writing, stating
										its reasons therefor;
003.01B Initiate rulemaking proceedings in
										accordance with the Administrative Procedure Act;
003.01C If
										otherwise lawful, adopt a rule or regulation.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-001 - General Information

Current through June 17, 2024
001.01 Application of Rules
These rules are promulgated pursuant to Neb. Laws 1994, LB 446, and 53
											  Nebraska Administrative Code, Chapter 3.
001.02 Scope of
										this Chapter
This Chapter pertains solely to the procedures to be used by any person
											  or entity seeking issuance of a declaratory order by the Commission.
001.03 Related Regulations
In addition to this Chapter, related regulations pertaining to
											  administrative procedures before the Commission are: 305 NAC Chapter 1 Procedures for Negotiated Rulemaking;
											  305 NAC Chapter 2, Petitioning for Rulemaking; 305 NAC Chapter 4, Rules of Practice and Procedure for
											  Hearings for Contested Cases.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-003 - Petition for Declaratory Order

Current through June 17, 2024
003.01 Generally
A request for a declaratory order must be made by a petition that meets
											  the requirements of section 003.
003.02 Who May File
Any person may petition the Commission for issuance of a declaratory
											  order as to the applicability to specified circumstances of a statute, rule, regulation, or order which is
											  within the primary jurisdiction of the Commission.
003.03
										When Order Appropriate
A declaratory order may be requested on the applicability of a statute,
											  rule, regulation, or order enforced by the Commission. "Applicability" refers to the appropriateness of the
											  relation of the law to the person, property, or state of facts, or its relevance under the circumstances
											  given. It may include such questions as whether the law applies at all, to whom it applies, when it applies,
											  how it applies, or which law applies. Considerations as to whether issuance of a declaratory order is
											  appropriate include:
003.03A A declaratory order may be requested
										only on the applicability of existing statutes and rules and regulations.
003.03B A declaratory order may be requested to obtain a determination of
										proposed conduct, not to obtain a determination of the effect of conduct that has already occurred.
003.03C A declaratory order is not a mechanism for review or appeal of a
										decision made by the Commission in a contested case.
003.03D A
										declaratory order may not be requested to obtain a declaration by the Commission that a statute or regulation
										is unconstitutional or that a regulation of the Commission is invalid.
003.03E A declaratory order may not be issued by the Commission that would
										substantially prejudice the rights of a person who would be a necessary party and who does not consent in
										writing to the determination of the matter by a declaratory order proceeding.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-004 - Submission and Service of Declaratory Order Petition

Current through June 17, 2024
004.01 The original petition for declaratory order shall be filed with the
										Agency by mail or in person during the Agency's normal business hours.
004.02 The petition shall be deemed as filed when it is actually received
										by the Agency. The Agency shall date stamp all petitions upon receipt.
004.03 At the same time the petition is filed with the Agency, the
										petitioner shall serve a copy of the petition, by certified mail, return receipt requested, on all necessary
										parties, including all persons, political subdivisions, corporations, organizations, or other entities who
										are known to have or claim any interest, legal right, duty, privilege, or immunity which would be directly
										affected by issuance of a declaratory order in this matter by the Commission.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-005 - Disposition of the Petition

Current through June 17, 2024
005.01 Generally
Upon the filing of a petition, acting on behalf of the Commission, the
											  Director or, by the Director's delegation, another Agency employee or a hearing officer may review the
											  petition and recommend a decision to the Commission. In reviewing the petition, the Director or his or her
											  designee, may in his or her discretion, do one or more of the following:
005.01A Require that additional information be submitted before the
										petition will be further considered;
005.01B Require a petitioner
										to provide notice to persons or entities who may be necessary parties and other persons that a request for a
										declaratory order has been filed with the Commission;
005.01C On
										behalf of the Commission, schedule a date, time, and location at which the petitioner and any other parties
										to the proceeding may make an oral presentation on the petition as set forth in subsection 005.02C of this
										Chapter;
005.01D Consider the petition and any attachments
										without oral presentation.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-006 - Intervention in Declaratory Order Proceeding

Current through June 17, 2024
006.01 Intervention by any person or entity in a declaratory order
										proceeding shall be allowed when the following requirements are met:
006.01A
										A petition for intervention must be filed with the Agency. Copies must be mailed by the petitioner for
										intervention to all parties to the proceeding.
006.01B The
										contents of the petition must be as specified in 006.02.
006.01C
										The Commission must determine that the interests of justice and the orderly and prompt conduct of the
										proceedings will not be impaired by allowing the intervention.
006.01D The petition in intervention must be filed with the Agency and
										copies mailed to all parties named in any notice of hearing at least five days before the
										hearing.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-007 - Declaratory Order Proceedings

Current through June 17, 2024
007.01 Oral Argument, When
Oral argument shall be had only on specific order of the Commission, the
											  Director, an Agency employee designated by the Director, or the designated hearing officer. A petitioner,
											  intervenor, necessary party, or the staff of the Commission may submit a motion for oral argument to the
											  Commission or the designated hearing officer. If opportunity for oral argument is granted, then argument
											  shall be scheduled to be conducted not more than forty-five (45) days after filing of the petition.
											  Petitioner and all other parties or, when represented, their attorneys, shall be served by the Agency with a
											  notice of the date, time, and location for oral argument. The Agency shall provide each of the parties with
											  notice of the proceeding not less than seven (7) days in advance of the scheduled date. Service shall be made
											  by certified mail, return receipt requested.
007.02 Oral
										Argument, Procedure
Oral argument will be made before a hearing officer or Commission. The
											  hearing officer or Commission shall be in control of the proceeding and shall:
007.02A Identify the proceeding and introduce himself or herself and
										identify each party for the record;
007.02B Hear the oral
										argument of the petitioner, intervenor, or necessary parties;
007.02C Close the proceedings.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-008 - Issuance of Declaratory Order

Current through June 17, 2024
008.01 The Commission shall issue its declaratory order within sixty (60)
										days of the date on which the petition was filed.
008.02 The
										declaratory order shall be in writing and shall include the following:
008.02A The names of all parties to the proceeding upon which the order is
										based;
008.02B The facts upon which the order is based;
008.02C The statute, regulation, rule, or order at issue in the
										matter;
008.02D The Commission's conclusion as to the
										applicability of the statute, regulation, rule, or order to the facts;
008.02E The Commission's conclusion as to the legal effect or result of
										applying the statute, regulation, rule, or order to the facts; and
008.02F The reasons relied upon by the Commission to support its
										conclusions.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-009 - Circumstances Under Which Commission will not Issue Declaratory Orders

Current through June 17, 2024
009.01 Grounds upon which the Commission
shall
refuse to issue a declaratory order include, but are not limited to, the following:
009.01A The petition requests a declaratory order on a matter that is
										outside the scope of authority of the Commission;
009.01B The
										petition requests review or appeal of a decision made by the Commission in a contested case;
009.01C The petition requests a declaratory order on the effect of past
										conduct;
009.01D An investigation for purposes of a formal
										adjudication, a contested case, or a petition to issue, amend, or repeal regulations is pending before the
										Commission involving the petitioner on substantially the same or similar facts or issues raised in the
										petition;
009.01E The petition seeks a declaration that a statute
										or rule or regulation is unconstitutional or invalid;
009.01F The
										issue raised in the petition has been settled by a change in circumstances or other means so as to render
										moot the need for a declaratory order;
009.01G An order would
										substantially prejudice the rights of a person or entity who would be a necessary party and who does not
										consent in writing to the determination of the matter by a declaratory order proceeding;
009.01H An order would not resolve the controversy or uncertainty;
										or
009.01I The question posed or facts presented are
										insufficiently specific, overly broad, or are otherwise inappropriate as a basis upon which to decide the
										matter.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 3 - Rules of Practice and Procedure for Petitioning for Declaratory Orders › Section 305-3-010 - Appeal

Current through June 17, 2024
A declaratory order is subject to review in the manner provided for
											  review of contested cases by the Administrative Procedure Act, Neb. Rev. Stat. sections
											  84-901 through
											  84-920. Specific
											  procedures for appeal are set forth in Neb. Rev. Stat. section
											  84-917.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-002 - Prohibitions Against Ex Parte Communications

Current through June 17, 2024
002.01 Prohibitions; when Applicable
The prohibitions found in this section concerning ex parte
											  communications, as defined in subsection
											  001.02F, shall
											  apply beginning with the commencement of a contested case as further defined at subsections
											  008.04B,
											  009.03A7, and
											  009.03B6.
002.02 Prohibitions; to whom Applicable
002.02A
Parties and Public.
No party in a contested case or
										other person outside the Agency having an interest in the contested case shall make or knowingly cause to be
										made an ex parte communication to the hearing officer, to any member of the Commission, or to any agency
										employee who is or may reasonably be expected to be involved in the decision making process of the contested
										case.
002.02B
Persons in decision making roles.
No
										hearing officer, member of the Commission or employee who is or may reasonably be expected to be involved in
										the decision making process of the contested case shall make or knowingly cause to be made an ex parte
										communication to any party in a contested case or other person outside the Agency having an interest in the
										contested case.
002.02C
Investigators.
No Agency
										employee or agent engaged in the investigation or enforcement of a contested case shall make or knowingly
										cause to be made an ex parte communication to a hearing officer, to a member of the Commission, or to an
										Agency employee who is or may reasonably be expected to be involved in the decision making process of the
										contested case.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-003 - Intervention in a Contested Case

Current through June 17, 2024
003.01 Intervention in a contested case shall be allowed when the following
										requirements are met:
003.01A A petition for intervention must be filed
										with the Agency at least five (5) days before the hearing. Copies must be mailed by the petitioner for
										intervention to all parties named in the hearing officer's notice of the hearing;
003.01B The petition must state facts demonstrating that the petitioner's
										legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the
										proceeding or that the petitioner qualifies as an intervenor under any provision of law; and
003.01C The hearing officer must determine that the interests of justice
										and the orderly and prompt conduct of the proceedings will not be impaired by allowing the
										intervention.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-004 - Form of Pleadings, Filing, Service, and Proof of Service

Current through June 17, 2024
004.01 A contested case may take the form of a complaint proceeding against
										a licensee or a petition for review of a decision of the Director. The procedures applicable only to a
										complaint proceeding are found at section 008. The procedures applicable only to a petition for review are
										found at section 009.
004.02 A party may appear on his or her own
										behalf in a contested case proceeding or may be represented by an attorney or other representative as
										permitted by law.
004.03 Any pleading filed in a contested case
										shall meet the following requirements:
004.03A The pleading shall contain a
										heading specifying the name of the Commission and the title or nature of the pleading, shall state material
										factual allegations and state concisely the action the Commission is being requested to take. The pleading
										shall be signed by the party filing the pleading, or when represented by an attorney, the signature of that
										attorney. When required by law, the pleading shall also be sworn to by the person filing the pleading.
004.03A1 Attorneys shall also include their address, telephone number and
										bar number.
004.03A2 An initial pleading shall also contain the
										name and address of the respondent.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-005 - Hearing officer: criteria

Current through June 17, 2024
005.01 The Chairperson may appoint a hearing officer to whom will be
										delegated the functions of conducting prehearing conferences and ruling on non-dispositive motions, including
										but not limited to matters of discovery.
005.02 A person who has
										served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage may not serve
										as hearing officer or assist or advise a hearing officer in the same proceeding except as provided in
										subsection 005.04. Nothing in this subsection shall prevent the Director from carrying out any and all
										ministerial duties on behalf of the Commission.
005.03 A person
										who is subject to the authority, direction, or discretion of one who has served as investigator, prosecutor,
										or advocate in a contested case or in its prehearing stage may not serve as hearing officer or advise a
										hearing officer in the same proceeding except as provided in subsection 005.04. Nothing in this subsection
										shall prevent any staff or agent of the Agency from carrying out any and all ministerial duties on behalf of
										the Commission.
005.04 If all parties consent, a person who has
										served as, or who is subject to the authority, direction, or discretion of one who has served as
										investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a hearing
										officer in the preparation of orders.
005.05 A person who has
										participated in a determination of probable cause or other equivalent preliminary determination in a
										contested case may serve as hearing officer or assist or advise a hearing officer in the same
										proceeding.
005.06 A person may serve as hearing officer at
										successive stages of the same contested case.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-006 - Prehearing Procedures

Current through June 17, 2024
006.01 Prehearing conferences and orders
A hearing officer designated to conduct a hearing may determine, subject
											  to the Commission's rules and regulations, whether a prehearing conference will be conducted. If a prehearing
											  conference is not held, a hearing officer for the hearing may issue a prehearing order, based on the
											  pleadings, to regulate the conduct of the proceedings.
006.01A Not
										less than twenty (20) days before the date set for the evidentiary hearing the Director shall issue an order
										on behalf of the Commission requiring each party, or their respective counsel of record, to exchange with
										each other:
1) a copy of each exhibit which the party may introduce into
										evidence, and
2) a list containing the name, address, and
										telephone number of each witness whom the party may call to testify. It shall not be necessary to disclose a
										witness or exhibit to be used solely for purpose of impeachment. The exchange shall be completed at least ten
										(10) days before the date set for hearing and a copy of each witness list and exhibit list shall be filed
										with the Agency at least ten (10) days before the date set for hearing. Additional witnesses may be called or
										exhibits introduced only at the discretion of a hearing officer for good cause shown. The Director shall not
										issue an order pursuant to this subsection when a hearing officer has been designed to conduct prehearing
										conferences and to rule on non-dispositive motions and when the hearing officer 1) has issued a prehearing
										conference order, 2) has scheduled a prehearing conference, or
3)
										has issued a prehearing order based on the pleadings, without holding a prehearing conference, as provided in
										section 006.01.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-007 - Conducting a contested case hearing

Current through June 17, 2024
007.01 Order
At the discretion of the hearing officer, the hearing may be conducted in
											  the following order:
007.01A The hearing is called to order by the
										hearing officer. Any preliminary motions, stipulations or agreed orders are entertained.
007.01B Each party may be permitted to make an opening statement. Opening
										statements take place in the same order as the presentation of evidence.
007.01C
Presentation of Evidence.
The order for presentation
										of evidence in a complaint proceeding shall be as set forth in section 008.07. The order for presentation of
										evidence in a petition for review proceeding shall be as set forth in section 009.07.
007.01C1 With regard to each witness who testifies, the following
										examination may be conducted:
007.01C1(a) Direct examination conducted by
										the party who calls the witness;
007.01C1(b) Cross-examination by
										the opposing party;
007.01C1(c) Examination by
										Commissioners;
007.01C1(d) Redirect examination by the party who
										called the witness; and
007.01C1(e) Recross-examination by the
										opposing party.
007.01C1(f) Additional examination by
										Commissioners.
007.01C1(g) Any additional redirect examination or
										recross-examination shall be permitted at the hearing officer's discretion.
007.01D After the evidence is presented, each party may have opportunity to
										make a closing argument. Closing arguments shall be made in the same order as the presentation of evidence.
										The hearing officer may request that the parties submit briefs in addition to or in lieu of closing
										arguments.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-008 - Contested Cases Involving Licensure of Individuals

Current through June 17, 2024
008.01 Application of Rules
The rules in this section are applicable to filings and investigations of
											  Complaints and Orders to Show Cause, and hearings on Complaints, Orders to Show Cause, and any other
											  contested cases by or against licensees or any other individuals who are subject to the jurisdiction of the
											  State Real Estate Commission pursuant to the Real Estate License Act or any lawful rules, regulations, or
											  orders of the Commission thereunder.
008.02 Additional
										Definitions
In addition to the definitions used in Section 001.02, the definitions
											  used in Nebraska Real Estate License Act are incorporated by this reference. The following definitions also
											  shall apply to terms used in this section:
008.02A Answer shall mean
										a written statement filed by a Respondent in the form required by the Commission, answering the allegations
										of a Complaint.
008.02B Complainant shall mean the State of
										Nebraska, filing a Complaint on the relation of any person, including the Director, and the
										Commission.
008.02C Complaint shall mean a written statement
										filed by any person, by the Director, or by the Commission alleging that any individual subject to Commission
										jurisdiction has violated one or more provisions of the Real Estate License Act, or the rules and regulations
										or any lawful order of the Commission entered thereunder.
008.02D
										Licensee shall mean a real estate broker or real estate salesperson licensed by the Commission pursuant to
										the Real Estate License Act.
008.02E Party or parties shall
										include only the Complainant, the Respondent, and any intervenor. A person filing a Complaint is not a party
										to a complaint proceeding.
008.02F Respondent shall mean an
										individual against whom a Complaint has been filed.
008.02G
										Violation shall mean a violation of any portion of the Real Estate License Act, or any lawful rules,
										regulations, or orders of the Commission thereunder.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-009 - Contested Cases Involving Registration

Current through June 17, 2024
009.01 Application
The rules in this section are applicable to contested cases involving
											  filings, applications, registrations, certifications, public offering statements and related matters under
											  the jurisdiction of the Commission with regard to the Retirement Communities and Subdivisions Act, the
											  Time-Share Act, the Membership Campground Act, or the Subdivision Certification Law, or section
											  81-885.18 of the Real
											  Estate License Act.
009.02 Definitions
The following definitions shall apply to this section, in addition to the
											  statutory definitions of applicable laws and the definitions contained in section 001.02.
009.02A Decision of the Director shall mean any written decision by the
										Director pursuant to law or authorization by the Commission affecting the legal rights, duties or privileges
										of specific persons, including registration of an individual as a salesperson pursuant to Section
										76-2115
										of the Membership Campground Act, as amended, or rejection of a license application pursuant to Section
										81-885.18 of the Real
										Estate License Act. Such written decisions shall include but are not necessarily limited to decisions which
										1) reject, deny, suspend, or order modification of a public offering statement, certification, application or
										registration, or any amendment or renewal, 2) determine that a person is operating in violation of any
										registration law under the Commission's jurisdiction, or 3) order a person to cease and desist from a
										particular act.
009.02B Applicant shall mean a person who files
										an application for registration or certification pursuant to the Retirement Communities and Subdivisions Act,
										the Time-Share Act, the Membership Campground Act, or the Subdivision Certification Law, or licensure
										pursuant to the Real Estate License Act.
009.02C Petitioner shall
										mean a person who files a Petition for Review of a decision of the Director, unless the Petition is filed by
										the Director as provided in this section.
009.02D Respondent
										shall mean a person against whom the Director files a Petition for Review as provided in this
										section.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-010 - Decision and order in a contested case

Current through June 17, 2024
010.01 Every decision and order adverse to a party to the proceeding,
										rendered by the Commission in a contested case, shall be in writing or stated in the record and shall be
										accompanied by findings of fact and conclusions of law.
010.02
										The decision and order should include:
010.02A The name of the Commission
										and name of the proceeding;
010.02B The time and place of the
										hearing;
010.02C The names of all parties or their attorneys who
										entered an appearance at the hearing;
010.02D The findings of
										fact consisting of a concise statement of the conclusions upon each contested issue of fact;
010.02E The conclusions of law consisting of the applications of the
										controlling law to the facts found and the legal results arising therefrom; and
010.02F The order consisting of the action taken by the Commission as a
										result of the facts found and the legal conclusions arising therefrom.
Nebraska Administrative Code › Topic - REAL ESTATE COMMISSION › Title 305 - NEBRASKA REAL ESTATE COMMISSION › Chapter 4 - Rules of Practice and Procedure for Contested Cases › Section 305-4-011 - Appeals

Current through June 17, 2024
011.01 Any person aggrieved by a final decision in a contested case is
										entitled to judicial review under the Administrative Procedure Act or to resort to such other means of review
										as may be provided by law.
011.02 Parties desiring to appeal a
										Commission decision must file a Petition for Review in the district court of the county where the Commission
										action is taken within thirty (30) days after the service of the final decision by the Commission. The thirty
										(30) day period for appeal commences to run from the date of mailing of the notice of order and decision to
										the parties or their attorneys of record. Service of the petition and summons must be made in accordance with
										Nebraska law.
011.03 Unless otherwise provided by statute, the
										procedures of Neb. Rev. Stat. §
									84-917
										govern the procedure for taking an appeal.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-001 - General Information

Current through June 17, 2024
001.01 Application
				of Rules
These rules are promulgated pursuant to Neb. Laws 1994, LB
				  446, and 53 Nebraska Administrative Code, Chapter 1.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-002 - Negotiated rulemaking generally

Current through June 17, 2024
The purpose of these regulations is to establish a framework
				  for the conduct of negotiated rulemaking consistent with the Administrative
				  Procedure Act and the Negotiated Rulemaking Act. The negotiated rulemaking
				  process can be used by the Real Estate Appraiser Board, whenever appropriate,
				  to resolve controversial issues prior to the commencement of formal rulemaking.
				  Negotiated rulemaking is not a substitute for the requirements of the
				  Administrative Procedure Act, but may be used as a supplemental procedure to
				  permit the direct participation of affected interests in the development of new
				  rules or the amendment or repeal of existing rules. The negotiated rulemaking
				  process also does not preclude other Appraiser Board efforts or processes
				  designed to reach consensus with affected or interested persons concerning the
				  content of rules or regulations. A consensus agreement on a proposed rule
				  reached by a negotiated rulemaking committee may be modified by the Appraiser
				  Board as a result of a subsequent formal rulemaking process.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-004 - Establishment of a Negotiated Rulemaking Committee; criteria

Current through June 17, 2024
The Board may establish a negotiated rulemaking committee to
				  negotiate and develop a proposed rule if the Board determines that the use of
				  the negotiated rulemaking procedure is in the public interest. In making that
				  determination, the Board shall consider whether:
004.01 There is a need for the
				rule.
004.02 There are a limited
				number of identifiable interests that will be significantly affected by the
				rule.
004.03 There is a reasonable
				likelihood that a committee can be convened with a balanced representation of
				persons who:
004.03A Can adequately represent
				the interests identified; and
004.03B Are willing to negotiate in good
				faith to reach a consensus on the proposed rule.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-005 - Convenors; selection; duties

Current through June 17, 2024
The Board, at its discretion, may use the services of a
				  convenor.
005.01 The Board may employ
				or contract for an organization or an individual to serve as a convenor, or may
				use the services of a state employee to act as a convenor. A convenor shall not
				have a financial or other interest that would preclude him or her from serving
				in an impartial and independent manner. The Board shall determine whether a
				person under consideration as a convenor has such an interest, A person
				disqualified under this criterion shall be dropped from further
				consideration.
005.02 The convenor
				may assist the Board in making the determination of need for a negotiated
				rulemaking process discussed in section 004 above. The convenor may also assist
				the agency in:
005.02A Identifying persons
				who will be significantly affected by a proposed rule.
005.02B Conducting discussions with affected
				persons on the issues of concern and ascertaining whether the establishment of
				a negotiated rulemaking committee is feasible and appropriate for the
				particular rulemaking.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-006 - Petitions for the use of a negotiated rulemaking committee

Current through June 17, 2024
Any person may petition the Board to request the use of a
				  negotiated rulemaking committee in the development or revision of a rule, as
				  provided below.
006.01 A negotiated
				rulemaking process may be requested on any topic appropriate for a rule or
				regulation by the agency.
006.03A A
				negotiated rulemaking process may be requested only to develop or revise rules
				which carry out statutes that are within the authority of the Board to
				implement.
006.01B A negotiated
				rulemaking process may not be requested to develop a rule or regulation to vary
				or change the specific terms of a statute.
006.01C A negotiated rulemaking process may
				not be requested to negotiate a rule on a matter which is not within the
				definition of a rule or regulation as set forth in subsection 003.12
				above.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-007 - Notice of a Negotiated Rulemaking Committee; Comment; Applications for Membership

Current through June 17, 2024
If the Board decides to go forward with the establishment of
				  a negotiated rulemaking committee, the Board shall proceed with the following
				  process.
007.01 The Agency shall give
				notice to the Secretary of State, publish notice in a newspaper having general
				circulation in the state, and, as appropriate, publish notice in other
				newspapers and publications. The notice shall include:
007.01A An announcement that the Board
				intends to establish a negotiated rulemaking committee to negotiate and develop
				a proposed rule.
007.01B A
				description of the subject and scope of the rule to be developed and the issues
				to be considered.
007.01C A list of
				interests likely to be significantly affected by the proposed rule.
007.01D A list of the persons proposed to
				represent the affected interests and the Board.
007.01E A proposed schedule for completing
				the work of the committee.
007.01F
				An explanation of how a person may apply for or nominate another person for
				membership on the committee.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-008 - Establishment of a Negotiated Rulemaking Committee; Procedure

Current through June 17, 2024
After publication of notice and termination of the comment
				  and membership application period, the Board will consider the comments and
				  membership applications for a particular negotiated rulemaking committee and
				  determine whether such a committee can adequately represent the interests of
				  the persons that will be significantly affected by a proposed rule, and whether
				  such a committee is feasible and appropriate in the particular rulemaking. In
				  making the final determination as to creation of a negotiated rulemaking
				  committee, the Board may use the services of a convenor as set out in Section
				  005 above. In making the final determination as to creation of a negotiated
				  rulemaking committee, the Board and its agency director will apply the criteria
				  set out in 004 above.
008.01 If, after
				such a determination, the Board decides that a negotiated rulemaking procedure
				is feasible, it shall establish a negotiated rulemaking committee as provided
				in these regulations. The committee will negotiate issues and develop proposed
				rules for use by the Board in formal rulemaking.
008.02 If, after such a determination, the
				Board decides not to establish a negotiated rulemaking committee, the Agency
				shall:
008.02A Notify the persons who
				commented on, applied for membership on or nominated persons for membership on
				the particular negotiated rulemaking committee of the reasons for the decision
				not to establish such a committee.
008.02B Publish notice of the decision not to
				establish the particular negotiated rulemaking committee in a newspaper having
				general circulation in the state, and, as appropriate, in other newspapers and
				publications.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-009 - Negotiated Rulemaking Committee; membership

Current through June 17, 2024
All members of a negotiated rulemaking committee shall
				  participate in the deliberations of the committee with the same rights and
				  responsibilities as other members.
009.01 Members of a negotiated rulemaking
				committee may include:
009.01A A Board
				member, employee of the Agency, or person designated by the Board to represent
				the Agency. This person shall be authorized to fully represent the Agency in
				the discussions and negotiations of the committee.
009.01B Persons selected by the Board as
				willing and qualified to represent the interests that will be significantly
				affected by the proposed rule.
009.01C Persons contacted and recruited by
				the negotiated rulemaking committee itself by consensus as essential to the
				success of the negotiated rulemaking process.
009.01D Persons selected by the negotiated
				rulemaking committee by consensus upon committee review of a petition for
				membership or nomination as set out in subsection 009.02 below.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-010 - Negotiated rulemaking committee; operation

Current through June 17, 2024
A negotiated rulemaking committee established under these
				  rules shall consider the matter proposed by the Board for consideration and
				  shall attempt to reach consensus concerning a proposed rule and any other
				  matter the committee determines is relevant to the proposed rule.
010.01 A negotiated rulemaking committee may
				adopt procedures or ground rules for the operation of the committee consistent
				with these rules and the pertinent Nebraska statutes.
010.02 The Agency shall provide appropriate
				administrative support to a negotiated rulemaking committee including technical
				assistance and support.
010.03 The
				person representing the Agency on a negotiated rulemaking committee shall
				participate in the deliberations of the committee with the same rights and
				responsibilities as other members of the committee and shall be authorized to
				fully represent the Agency in the discussions and negotiations of the
				committee.
010.04 If a negotiated
				rule making committee achieves consensus on a proposed rule at the conclusion
				of the negotiations, the committee shall transmit to the Board a report
				containing the proposed rule.
010.05 If a negotiated rulemaking committee
				does not reach a consensus on the proposed rule, the committee shall transmit
				to the Board a
report
specifying areas in which the committee
				reached consensus and the issues that remain unresolved. The committee may
				include in the report any other information, recommendations, or materials that
				the committee considers appropriate. Any member of the committee may include as
				an addendum to the report additional information, recommendations or
				materials.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-011 - Facilitators; selection; duties

Current through June 17, 2024
A facilitator shall be selected to assist a negotiated
				  rulemaking committee with its duties.
011.01 The Agency may nominate a person to
				serve as a facilitator for the negotiations of a negotiated rulemaking
				committee, subject to the approval of the committee by consensus. If the
				committee does not approve the Agency's nomination for facilitator, the Agency
				shall submit a substitute nomination. If the committee does not approve the
				substitute nomination of the Agency for facilitator, the committee shall
				select, by consensus, a person to serve as facilitator.
011.02 The Agency may employ or contract for
				an organization or an individual to serve as a facilitator for a negotiated
				rulemaking committee or the Agency may use the services of a state employee to
				act as a facilitator. A person designated by the Agency to represent it on a
				negotiated rulemaking committee with respect to substantive issues may not
				serve as the facilitator. A facilitator shall not have a financial or other
				interest that would preclude him or her from serving in an impartial and
				independent manner. The Agency shall determine whether a person under
				consideration for facilitator has such an interest. A person disqualified under
				this criterion shall be dropped from further consideration.
011.03 A facilitator approved or selected by
				a committee shall:
011.03A Preside at the
				meetings of the committee in an impartial manner.
011.03B Impartially assist members in
				conducting discussions and negotiations and achieving consensus.
011.03C Manage the keeping of minutes and
				records.