reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 3 - PUBLIC HEARINGS › Section 141-3-003 - Powers and Duties of Person Conducting Hearing

Current through June 17, 2024
003.01 The Hearing Examiner conducting the
				public hearing shall have full authority to control the procedure of the
				hearing and, subject to the provisions of the Act, and these Rules and
				Regulations, shall have full authority to admit or exclude testimony or other
				evidence.
003.02 The Hearing
				Examiner conducting the hearing shall rule upon all motions or objections made
				by any party after she or he is appointed to conduct said hearing and prior to
				the issuance of her or his Recommended Order and Decision.
003.03 The Hearing Examiner conducting the
				hearing may continue a hearing from day to day or adjourn it to a later date,
				by announcement thereof at the hearing or by appropriate notice to all
				parties.
003.04 The Hearing
				Examiner conducting the hearing may exclude from the hearing room or from
				further participation in the proceedings any person, other than the complainant
				and respondent, who engages in improper conduct at the hearing. At the request
				of either party, the Commissioner or Hearing Examiner conducting the hearing
				shall exclude witnesses, from the hearing room.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 3 - PUBLIC HEARINGS › Section 141-3-004 - Testimony and Other Evidence

Current through June 17, 2024
004.01 All testimony taken at the hearing
				shall be under oath or affirmation.
004.02 All testimony, so far as practicable,
				shall be subject to the same rules of evidence as are applicable in courts of
				record in the State of Nebraska.
004.03 Testimony or evidence may be given or
				received in a public hearing concerning endeavors to settle and adjust the
				alleged discriminatory public accommodations practice by
				conciliation.
004.04 Written
				stipulations may be introduced in evidence if signed by the attorneys of the
				parties sought to be bound thereby, or by any party personnally if that party
				is not represented by an attorney. Oral stipulations may be made on the record
				of any public hearing.
004.05 The
				respondent shall have the right either in person and/or by her or his attorney
				to be present at the public hearing; to call, examine and cross-examine
				witnesses; and, subject to the provisions of the Act, and of these Rules and
				Regulations, to introduce documentary and other evidence into the record of the
				proceedings.
At the discretion of the Hearing Examiner, the complainant
				  may be allowed to intervene and present testimony in person or by
				  counsel.
004.06 The
				Commission shall arrange for a record of the proceedings in any public hearing
				to be made, transcribed and filed in the Lincoln office of the Commission. Any
				such record will be available for examination by the public at reasonable times
				in the Lincoln office if written request is made at least seventy-two (72)
				hours (exclusive of Saturdays, Sundays and official State holidays) in advance
				unless the record has been filed with the court as the result of an appeal
				proceeding.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 3 - PUBLIC HEARINGS › Section 141-3-005 - Motions and Objections

Current through June 17, 2024
005.01 Motions and Objections During Hearing
All motions and objections made during a public hearing shall
				  be stated orally on the record and shall, with the rulings on such motions or
				  objections by the Hearing Examiner conducting the hearing, be included in the
				  stenographic transcript of the hearing.
005.02 Motions Before or After Hearing
All motions other than those made during a hearing shall be
				  in writing and shall state briefly the order or relief applied for and the
				  grounds for such motion. Any such motion shall be filed with the Commission and
				  the Hearing Examiner if one has been appointed and a copy thereof shall be
				  served at the same time, personnally or by registered or certified mail, by the
				  party making the motion upon the other party or parties. Answering statements,
				  if any, shall be filed in writing with the Commission and the Hearing Examiner
				  if one has been appointed within three (3) days (exclusive of Saturdays,
				  Sundays and official State holidays) after service of the motion upon the party
				  filing the answering statement, and a copy thereof shall be served within the
				  same period upon the other party or parties. All motions shall be decided by
				  the Commission or the Hearing Examiner if one has been appointed without oral
				  argument thereon, unless it is determined by the Commission or the Hearing
				  Examiner that oral arguments will be heard, in which case the parties shall be
				  notified of such fact and of the time and place for such oral argument. The
				  Commission shall arrange for a stenographic transcript, which, together with
				  the written motion and the written answering statement, if any, and the ruling
				  thereon of the Commission or Hearing Examiner conducting the hearing, shall
				  constitute a part of the official record of the proceedings.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 3 - PUBLIC HEARINGS › Section 141-3-006 - Oral Argument and Briefs

Current through June 17, 2024
The Hearing Examiner conducting the hearing shall permit the
				  attorneys of the parties, or any party who is not represented by an attorney,
				  to argue orally before her or him and to file briefs within such time as she or
				  he may determine. Each party filing a brief shall file two (2) copies thereof
				  with the Hearing Examiner conducting the public hearing and shall at the same
				  time serve a copy thereof, personally or by registered or certified mail, on
				  all other parties. No reply briefs may be filed with or will received by the
				  Hearing Examiner conducting the public hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 3 - PUBLIC HEARINGS › Section 141-3-007 - Settlement Prior to Recommended Order and Decision

Current through June 17, 2024
007.01 If, after issuance and service of a
				complaint and notice of public hearing but prior to the close of the public
				hearing, the complainant and the respondent jointly notify the Commission in
				writing that they agreed to terms of settlement and adjustment, all of which
				are set forth in detail in said joint notification to the Commission, the
				Chairman or Executive Director of the Commission may order a postponement of
				the scheduled public hearing date, or a recessing of the public hearing if it
				is already in process.
007.02 If
				the terms of settlement and adjustment agreed to by the parties are approved by
				the Commission, or if said terms as modified by the Commission are agreed to by
				the parties, the Commission shall have the written terms of settlement and
				adjustment prepared and signed by the parties; and the Commission shall
				thereupon enter upon the parties an Order in accord with the Executed written
				terms of settlement and adjustment. Any such written terms of settlement and
				adjustment and any Order issued pursuant thereto shall have the same status and
				effect as any executed written terms of settlement and adjustment and Order
				entered pursuant thereto under 2.003 of these Rules and Regulations and shall
				be governed by the provisions of 2.003.03 of these Rules and Regulations, and
				shall be a matter of public record.
007.03 After the Commission has entered upon
				the parties the Order specified in 3.007.02 of these Rules and Regulations, it
				shall dismiss the complaint, but subject to the Commission's right to issue a
				complaint and order a public hearing under 2.004.01 of these Rules and
				Regulations.
007.04 If the terms of
				settlement and adjustment agreed to fay the parties are not approved by the
				Commission, the Commission need not enter upon the parties any Order in accord
				with said terms of settlement and adjustment, and may close the case as having
				been settled on terms not approved by the Commission; and, in such event, the
				Commission need not issue a complaint and order a public hearing in the event
				of an alleged violation of said terms of settlement and adjustment.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 3 - PUBLIC HEARINGS › Section 141-3-008 - Recommended Order and Decision

Current through June 17, 2024
008.01 Following the taking of testimony, the
				hearing of oral argument and the consideration of briefs, if any, filed by the
				parties, the Hearing Examiner conducting the public hearing shall have prepared
				and served upon the Commission and upon all parties to the proceedings,
				personally or by registered or certified mail, a written and signed Recommended
				Order and Decision.
008.02 The
				Recommended Order and Decision shall include:
008.02A A summary of the respective
				contentions of the parties.
008.02B
				The Hearing Examiner's findings of fact based upon, and limited to, the
				testimony and other evidence in the record of the public hearing and upon
				evidence of which judicial notice may be taken by courts of record in the State
				of Nebraska.
008.02C The Hearing
				Examiner's determination as to whether or not a preponderance of the evidence
				sustains the complaint.
008.02D If
				it is the Hearing Examiner's determination that a preponderance of the evidence
				does not sustain the complaint, a recommended order of dismissal of the
				complaint.
008.02E If it is the
				Hearing Examiner's determination that a preponderance of the evidence does
				sustain the complaint, a recommended order requiring the respondent to cease
				and desist from the discriminatory public accommodations practice or practices
				complained of and to take such affirmative or other actions with respect to the
				complainant as will eliminate the effect of the discriminatory public
				accommodations practice or practices complained of, including but not limited
				to any one or more of the following: the extension of full, equal and
				unsegregated accommodations, advantages, facilities and privileges to all
				persons as in the judgement of the Commission will effectuate the purpose of
				this Act.
008.02F If any case to
				which
				3.008.02E is
				applicable, a provision for reasonable reports to the Commission of complaince
				with the Recommended Order and Decision.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 4 - REVIEW BY THE COMMISSION › Section 141-4-001 - Final Order and Decision of the Commission

Current through June 17, 2024
The Commission shall review the record of the public hearing
				  and the Recommended Order and Decision of the Hearing Examiner. The Commission
				  may affirm or modify in whole or in part the Recommended Order of the Hearing
				  Examiner. If the Commission modifies in whole or in part the Recommended Order
				  and Decision of the Hearing Examiner, it shall write its Final Order and
				  Decision from the record of the public hearing and upon evidence of which
				  judicial notice may be taken by courts of record in the State of
				  Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 4 - REVIEW BY THE COMMISSION › Section 141-4-002 - Notification and Public Inspection

Current through June 17, 2024
A copy of the Final Order and Decision of the Commission
				  shall be filed in writing at the principal office of the Commission and all
				  parties shall be notified by the Commission, by personal service or registered
				  or certified mail of the Final Order and Decision of the Commission. A copy of
				  the Final Order and Decision shall be available for public inspection during
				  regular hours at the principal office of the Commission.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 4 - REVIEW BY THE COMMISSION › Section 141-4-003 - Reopening of Proceedings

Current through June 17, 2024
The Commission, upon its own motion or upon application of
				  any party or intervener, whenever justice so requires, may at any time before
				  it issues its Final Order and Decision reopen any public hearing upon written
				  notice by personal delivery or registered or certified mail to all parties and
				  interveners. An application to reopen the public hearing shall be in writing
				  and shall state the grounds upon which it is founded. The Commission may either
				  grant or deny such application.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 5 - SUBPOENAS; DEPOSITIONS; OATHS AND AFFIRMATIONS › Section 141-5-001 - Subpoenas

Current through June 17, 2024
001.01 Upon written application served on the
				Chairman of the Commission, either personally or be registered or certified
				mail, the Chairman of the Commission shall issue a subpoena on a form
				prescribed by the Commission, at the Instance of the Commission, or the Hearing
				Examiner conducting a public hearing, or at the instance of any party to the
				proceedings whenever necessary to compel the attendance of a witness or to
				require the production for examination of any books, payrolls, records,
				correspondence, documents, papers or other evidence in any investigation of an
				alleged discriminatory public accommodations practice or in any hearing before
				a Hearing Examiner. Blank copies of the subpoena form may be obtained at the
				office of the Commission.
001.02
				Petition to Revoke Subpoena
Within five (5) days (excluding Saturdays, Sundays and
				  official State holidays) after the service of a subpoena on any person,
				  including the Chairman or any Commissioner, requiring the attendance of said
				  person as a witness at an investigation or hearing, or requiring the production
				  of any evidence in her or his possession or under her or his control, such
				  person may petition the Commission in writing, personally or by registered or
				  certified mail to revoke the subpoena. The Commission shall revoke such
				  subpoena if, in its opinion, the attendance of the person subpoenaed or the
				  evidence, the production of which is required, does not relate to any matter
				  under investigation or to any matter in question in such proceedings before the
				  Commission or a Hearing Examiner, or, if in its opinion, such subpoena does not
				  describe with sufficient particularity the reasons requiring the attendance of
				  a person as a witness, or the evidence, the production of which is required. If
				  the Chairman, or any Commissioner has been served with a subpoena and petitions
				  the Commission to revoke such subpoena, then the Chairman or Commissioner so
				  served shall not participate in the decision of the Commission with respect to
				  which such petition is to be presented.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 5 - SUBPOENAS; DEPOSITIONS; OATHS AND AFFIRMATIONS › Section 141-5-002 - Witness and Mileage Fees

Current through June 17, 2024
Where a subpoena is applied for and issues at the instance
				  of a party to the proceedings other than the Commission, then the cost of
				  service and witness and mileage fees shall be borne by the party at whose
				  instance it has been requested and issued. Where a subpoena is applied for and
				  issued at the instance of the Commission, in pursuance of an investigation or
				  the presentation of evidence and witness and mileage fees shall be borne by the
				  Commission. Such witness and mileage fees shall be the same as are paid
				  witnesses in the District Courts of the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 5 - SUBPOENAS; DEPOSITIONS; OATHS AND AFFIRMATIONS › Section 141-5-003

Current through June 17, 2024
The testimony or deposition of any witness who resides
				  outside the State of Nebraska, or who because of illness or any other reason is
				  unable to testify in an investigation or in a hearing before a Hearing
				  Examiner, may be taken within or without the State of Nebraska in the same
				  manner as provided for in civil cases under the applicable law or laws of the
				  State of Nebraska, as now in effect or hereafter amended. The transcript of any
				  such testimony or deposition, when duly authenticated and filed with the
				  Commission in any Investigation or public hearing, shall constitute a part of
				  the official record of the case.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 5 - SUBPOENAS; DEPOSITIONS; OATHS AND AFFIRMATIONS › Section 141-5-004 - Oaths and Affirmations

Current through June 17, 2024
Any Commissioner conducting a public hearing may administer
				  oaths or affirmations.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 6 - SERVICE › Section 141-6-001 - Manner of Service

Current through June 17, 2024
Complainants, orders and other process and proper papers may
				  be served personally or by registered or certified mail, unless otherwise
				  allowed by the Act and by these Rules and Regulations, in which event, service
				  may be made by ordinary first-class mail, postage prepaid.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 6 - SERVICE › Section 141-6-002 - Proof of Service

Current through June 17, 2024
Proof of service, where required by the Act, or by these
				  Rules and Regulations, shall consist of either the verified return of the
				  individual who made service, which return shall set forth the manner of such
				  service or the return receipt from service by certified or registered
				  mail.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 6 - SERVICE › Section 141-6-003 - Service on Parties' Attorneys

Current through June 17, 2024
The attorney representing any party in any proceedings under
				  the Act shall file her or his appearance with the Commission, and thereafter
				  all notices, orders and other documents served by the Commission shall be
				  served upon said attorney instead of upon the party she or he represents, until
				  said attorney or said party notifies the Commission in writing that said
				  attorney no longer represents or is authorized to represent said
				  party.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 7 - JUDICIAL REVIEW OR ENFORCEMENT › Section 141-7-001 - Certification of Commission Records

Current through June 17, 2024
For the purpose of any proceeding Tor" judicial review or
				  judicial enforcement under Section
				  20-142
				  of the Act, the Chairman shall be authorized to certify all documents and
				  records that are part of the official files and records of the
				  Commission.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 7 - JUDICIAL REVIEW OR ENFORCEMENT › Section 141-7-002 - Use of Commission's Copy of Transcript

Current through June 17, 2024
002.01 The Commission's copy of the
				transcript of evidence made in a public hearing or in the reopening of a
				proceeding, shall be available for examination during regular office hours at
				the Commission's Lincoln office to any party without cost under the same
				conditions established by 3.004.06 of these Rules and Regulations.
002.02 The Commission's copy of the
				transcript of evidence made in a public hearing or in the reopening of a public
				hearing shall be available to be certified and used as part of the record in
				any proceeding for judicial review or judicial enforcement of a Final Order and
				Decision of the Commission.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 8 - HEARING EXAMINERS › Section 141-8-001 - Selection and Qualifications

Current through June 17, 2024
Hearing Examiners to conduct public hearings upon a complaint
				  of a discriminatory public accommodations practice or practices shall be
				  selected by the Commission pursuant to such standards and methods for selection
				  as the Commission may determine.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 8 - HEARING EXAMINERS › Section 141-8-002 - Compensation

Current through June 17, 2024
Hearing Examiners shall be reimbursed by the Commission for
				  their expenses necessitated by conducting such hearings.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 8 - HEARING EXAMINERS › Section 141-8-003 - Disqualification

Current through June 17, 2024
Any Hearing Examiner may, after being designated by the
				  Commission to conduct a public hearing upon a particular complaint, disqualify
				  herself or himself from conducting such public hearing, by written request to
				  the Commission stating that she or he feels unable to conduct a fair hearing;
				  and upon receipt of such written request, the Commission shall select another
				  Hearing Examiner to conduct the public hearing on said particular complaint,
				  and shall promptly advise all parties, by registered or certified mail, of the
				  name of the person so selected as Hearing Examiner.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 9 - CONSTRUCTION OF RULES AND REGULATIONS

Current through June 17, 2024
These Rules and Regulations shall be construed to effectuate
				the purposes of the Act, and the public policy of the State of Nebraska as
				expressed in the Act, and shall not be construed or applied in a manner
				inconsistent with the provisions of the Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 11 - ADOPTION, AMENDMENT AND RECISION › Section 141-11-001 - Effective Date

Current through June 17, 2024
These Rules and Regulations shall become effective five (5)
				  days after the filing of a certified copy thereof with the Revisor of
				  Regulations of the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 11 - ADOPTION, AMENDMENT AND RECISION › Section 141-11-002 - Adoption, Amendment and Recision

Current through June 17, 2024
The Commission may adopt, amend or rescind any Rule or
				  Regulation not inconsistent with the provisions of the Act at a regular or
				  special meeting of the Commission, provided that at least a quorum of the
				  Commission is present at such meeting and that written notice of the proposed
				  adoption, amendment, or recision has been given to all members of the
				  Commission at least five (5) days before the meeting at which such action is to
				  be taken and provided further that the Nebraska Rules of Administrative
				  Agencies section
				  84-901
				  to
				  84-910
				  have been satisfied. Any Rule or Regulation so adopted, amended or rescinded
				  shall become effective five (5) days after filing of a certified copy thereof
				  with the Revisor of Regulations of the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 11 - ADOPTION, AMENDMENT AND RECISION › Section 141-11-003 - Rules; Petition for Promulgation, Amendment or Repeal

Current through June 17, 2024
Any interested person may petition the Commission requesting
				  the promulgation, amendment or repeal of any rule. Such petitions shall be in
				  writing and signed by the petitioner or petitioners and shall clearly state the
				  rule or amendment desired, if such be the case. The petition shall further
				  state the grounds urged in support of the requested promulgation, amendment or
				  repeal. If, in the judgment of the Commission, it should appear that the
				  requested rule, amendment or repeal would serve no useful or beneficial
				  purpose, the Commission may reject the same, with or without having first
				  afforded the petitioner a hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 12 - DECLARATION OF VALIDITY

Current through June 17, 2024
If any article of this Act or any part of any section shall be
				declared invalid or unconstitutional, such declaration of invalidity shall not
				affect the validity of the remaining portions thereof.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 1 - Definitions › Section 142-1-001 - Act

Current through June 17, 2024
As used herein, the term "Act" shall mean the Age
				  Discrimination in Employment Act, Sections
				  48-1001
				  to
				  48-1010
				  as amended.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 1 - Definitions › Section 142-1-002 - Person

Current through June 17, 2024
As used herein, the terms and phrases, "Person," "Employer,"
				  "Labor Organization," "Employee," and "Employment agency" shall have the same
				  meaning as set forth in Section
				  48-1002
				  of the Act, as amended.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 1 - Definitions › Section 142-1-003 - Unlawful Age Employment Practice or Practices

Current through June 17, 2024
As used herein, the term "Unlawful Age Employment Practice or
				  Practices" shall mean the acts, conduct and matters defined as constituting an
				  unlawful age employment practice or practices by Sections
				  48-1003(1)
				   and
				  48-1004
				  of the Act, as amended.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 1 - Definitions › Section 142-1-004 - Labor Organization

Current through June 17, 2024
The term "Chair" shall mean the Chairperson of the Nebraska
				  Equal Opportunity Commission (hereinafter referred to as the Commission). The
				  term "Commissioner" shall mean any member, including the Vice Chair and the
				  Chair of the Nebraska Equal Opportunity Commission. In the absence of the
				  Chair, the Vice Chair shall have all of the duties, powers and authority
				  conferred upon the Chair by the Act and by these Rules and Regulations. In the
				  absence of the Chair and the Vice Chair, a majority of the Commission shall
				  designate a member of the Commission to serve as Chair.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 1 - Definitions › Section 142-1-005 - Charge

Current through June 17, 2024
The term "Charge" 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 age employment practice or
				  practices alleged to have been committed by an employer, or employment agency
				  (hereinafter referred to as "Respondent.")
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 1 - Definitions › Section 142-1-009 - Executive Director

Current through June 17, 2024
The term "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.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 2 - Procedure › Section 142-2-001 - Filing, Amending and Withdrawal of Charge

Current through June 17, 2024
2.001.01 Who may file
Any person charging on her or his own behalf to have been
				  personally aggrieved by an unlawful age employment practice or practices may
				  make, sign and file with the Commission a charge in writing under the oath or
				  affirmation of the Complainant. A charge may be filed by a legal guardian or an
				  individual with power of attorney on behalf of another person who claims to be
				  personally aggrieved by an unlawful age employment practice or
				  practices.
2.001.02 Time of
				Filing
The charge must be filed within three hundred (300) days
				  from the date of the occurrence of the alleged unlawful age employment practice
				  or practices.
2.001.03 Form
A charge shall be filed with the Commission. The charge
				  shall be signed by the Complainant or legal guardian or an individual with
				  power of attorney on behalf of another person who claims to be personally
				  aggrieved by an unlawful age employment practice or practices under oath or
				  affirmation before a notary public or other person duly authorized by law to
				  administer oaths and affirmations. The charge may be filed on forms provided by
				  the Commission, blank copies of which will be supplied by the Commission upon
				  request and will be available at the Commission offices. The original charge
				  shall be duly affirmed within three hundred (300) days of the alleged
				  discriminatory act if it was not notarized in its original form. Notarial
				  service will be without charge by the Commission.
2.001.04 Contents
A charge shall contain the following:
2.001.04A. The full name, address, and
				telephone number, if any, of the person making the charge.
2.001.04B. The full name, address, and
				telephone number, if known, of the Respondent.
2.001.04C. A plain and concise statement of
				the facts alleged to constitute an unlawful age employment practice or
				practices.
2.001.04D. The date and
				place in the State of Nebraska where the alleged unlawful age employment
				practice or practices was committed.
2.001.04E. A statement as to any other action
				instituted by or on behalf of the Complainant in any other forum, or under the
				grievance or arbitration provisions of a collective bargaining agreement, based
				on the same facts as alleged in the charge, together with a statement as to the
				status or disposition of such other action.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 2 - Procedure › Section 142-2-002 - Commission Action Upon Charge

Current through June 17, 2024
2.002.01 Service of Charge Upon Respondent
Each charge shall be docketed and given a case number. The
				  Commission shall serve notification of the charge on the Respondent in person
				  or by certified mail within ten (10) days of the filing of the charge by the
				  Complainant. In addition to including the charge affidavit, said notification
				  shall advise the Respondent that a written response must be filed with the
				  Commission within thirty (30) days or a mandatory reasonable cause finding
				  shall be made against the Respondent.
2.002.02 Administrative Dismissal
After service or notification on the Respondent, the
				  Commission shall review the charge. If it appears that the charge does not set
				  forth a complaint cognizable under the Act, the Commission shall
				  administratively dismiss the charge and the Commission shall take no further
				  action upon it.
2.002.03
				Mandatory Investigation
Except for those charges administratively dismissed as
				  provided for in Rule 2.002.02 of these Rules and Regulations, the Commission
				  shall institute an investigation to ascertain all of the facts relating to the
				  alleged unlawful age employment practice or practices set forth in duly filed
				  charges. At the outset of such an investigation, the Commission shall solicit
				  information from all parties to facilitate a prompt investigation.
2.002.04 Dismissal
The Commission shall dismiss the charge if:
(1) it is determined that the Commission does
				not have jurisdiction over the matter;
(2) it is determined that there is not
				reasonable cause to believe that the alleged unlawful age employment practice
				or practices has been committed;
(3) the matter is adjusted and settled during
				the investigation;
(4) the
				Complainant has voluntarily withdrawn the charge;
(5) the Complainant has failed to cooperate
				fully in the investigation of the charge;
(6) the Complainant could not be located
				after reasonable efforts;
(7) the
				Complainant has filed an action in any court of competent jurisdiction alleging
				the same causes of action;
(8) the
				same issues have been resolved by the Office of Dispute Resolution and/or any
				of the mediation centers within the State of Nebraska; or
(9) the Complainant has obtained a Right to
				Sue letter from the Equal Employment Opportunity Commission.
The Commission shall notify all parties of any dismissal of a
				  charge by regular mail; such notification shall specify the reason or reasons
				  for dismissal.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 2 - Procedure › Section 142-2-003 - Respondent Action Upon Charge

Current through June 17, 2024
2.003.01 Written Answer to Charge
The Respondent shall file with the Commission a written
				  response to the charge within thirty (30) days after service of the charge upon
				  the Respondent. The Respondent shall file a written response to new allegations
				  contained in an amended charge within thirty (30) days after service of the
				  amended charge upon the Respondent. The response shall respond in full to each
				  specific allegation contained in the charge affidavit. The Commission may
				  reject and refuse to file any response which does not respond in full to each
				  specific allegation in the charge affidavit. Prior to rejecting a response, the
				  Commission shall notify the Respondent in writing that the response is
				  deficient and which allegations are incomplete.
2.003.02 Failure to File Written Answer to
				Charge
Failure to file a full written response to a charge or an
				  amended charge within thirty (30) days, except upon good cause shown, shall
				  result in a reasonable cause finding against the Respondent by the Commission.
				  If a Respondent believes it has good cause for failing to file a response
				  within thirty (30) days, the Respondent shall make a request for extension of
				  time to the office of the Commission. Such request must be filed within the
				  original thirty (30) day time period. Good cause shall be determined on a
				  case-by-case basis, in light of all the surrounding facts. No extension of time
				  will be granted for a period beyond sixty (60) days from the date of service of
				  the charge upon the Respondent.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 3 - Investigations and Investigative Powers › Section 142-3-001 - Respondent Records

Current through June 17, 2024
The Commission shall have the power to require the keeping of
				  records necessary or appropriate for the administration of the Act. If a
				  Respondent knowingly destroys records, knowingly fails to maintain records,
				  refuses to provide records, or otherwise takes action with the intent to defeat
				  the purpose of the statute, the Commission may draw an adverse inference to
				  establish facts relevant to a finding on the merits.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 4 - Service › Section 142-4-001 - Manner of Service

Current through June 17, 2024
Charges, findings and other process and proper papers may be
				  served personally or by certified mail, unless otherwise allowed by the Act and
				  by these Rules and Regulations, in which event, service may be made by
				  first-class mail, postage prepaid.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 4 - Service › Section 142-4-002 - Proof of Service

Current through June 17, 2024
Proof of service, where required by the Act, or by these
				  Rules and Regulations, shall consist of either the verified return of the
				  individual who made service, said return shall set forth the manner of such
				  service or the confirmed receipt of service by certified
				  mail.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 4 - Service › Section 142-4-003 - Service on Parties' Attorneys

Current through June 17, 2024
The attorney representing any party in any proceedings under
				  the Act shall file her or his appearance with the Commission, and thereafter
				  all notices and other documents served by the Commission may be served upon
				  said attorney instead of upon the party she or he represents, until said
				  attorney or said party notifies the Commission in writing that said attorney no
				  longer represents or is authorized to represent said party.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 5 - Construction of Rules and Regulations › Section 142-5-001 - Construction of Rules and Regulations

Current through June 17, 2024
These Rules and Regulations shall be construed and applied so
				  as to effectuate the purposes of the Act, and the public policy of the State of
				  Nebraska as expressed in the Act, and shall not be construed or applied in a
				  manner inconsistent with the purposes of the Act or the public policy of the
				  State of Nebraska as expressed in the Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 7 - Adoption, Amendment and Rescission › Section 142-7-001 - Effective Date

Current through June 17, 2024
These Rules and Regulations shall become effective after
				  same has been approved by the Governor, and five (5) days after the filing of a
				  certified copy thereof with the Secretary of State, for the State of
				  Nebraska..
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 7 - Adoption, Amendment and Rescission › Section 142-7-002 - Adoption, Amendment and Recision

Current through June 17, 2024
The Commission may adopt, amend or rescind any Rule or
				  Regulation inconsistent with the provisions of the Act at a regular or special
				  meeting of the Commission, provided that at least a quorum of the Commission is
				  present at such meeting and that written notice of the proposed adoption,
				  amendment or rescission has been given to all members of the Commission at
				  least five (5) days before the meeting at which such action is to be taken and
				  provided further that the Nebraska Administrative Procedure Act Section
				  84-901
				  to
				  84-910
				  have been satisfied. Any Rule or Regulation so adopted, amended or rescinded
				  shall become effective after the same has been approved by the Governor, and
				  five (5) days after filing of a certified copy thereof with the Secretary of
				  State for the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 7 - Adoption, Amendment and Rescission › Section 142-7-003 - Rules; Petition for Promulgation, Amendment or Repeal

Current through June 17, 2024
Any interested person may petition the Commission requesting
				  the promulgation, amendment or repeal of any rule. Such petitions shall be in
				  writing and signed by the petitioner or petitioners and shall clearly state the
				  Rule or amendment desired, if such be the case. The petition shall further
				  state the grounds urged in support of the requested promulgation, amendment or
				  repeal. If, in the judgment of the Commission, it should appear that the
				  requested Rule, amendment or repeal would serve no useful or beneficial
				  purpose, the Commission may reject the same, with or without having first
				  afforded the petitioner a hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 8 - Confidentiality › Section 142-8-001 - Confidentiality of Charges

Current through June 17, 2024
Charges filed with the commission shall not be made public.
				  Information obtained pursuant to Section
				  48-1008
				  will not at any time be made public by the Commission or its staff members.
				  Subsequent to the issuance of a reasonable cause finding or subsequent to the
				  issuance of a no reasonable cause finding, either party or counsel for either
				  party may request a review of the information contained in the Commission's
				  official file on said charge. Such requests must be submitted in writing to the
				  Commission's Executive Director at its principal office, at least ten (10) days
				  prior to the date said file examination is being requested. All reviews of
				  information contained in the official file, not otherwise confidential or
				  privileged, shall occur at one of the Commission's offices.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 8 - Confidentiality › Section 142-8-002 - Request for File Review

Current through June 17, 2024
The request for a file review must reflect the appropriate
				  NEB case number and case name. Once the file is available, a letter will be
				  sent stating such. The Commission must be contacted within seven (7) days to
				  arrange for the review, or the file will be returned to storage.
Documents may not be copied in the course of a file review,
				  but recordings may be listened to and documents may be examined. If the file
				  review is not completed on the arranged upon date, a subsequent written request
				  must be submitted prior to completion of the file review.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 8 - Confidentiality › Section 142-8-003 - Subpoenas Regarding Case File Reviews

Current through June 17, 2024
Subpoenas will only be honored on cases that have been
				  officially closed by the Commission. Case files are not public records; thus,
				  the Freedom of Information Act and the Public Records law Section
				  84-712.05
				  do not apply. Case files will not be released to individuals who are not
				  parties to the case. The Commission will challenge such subpoenas by filing a
				  motion to quash with the relevant court. If counsel is representing a party,
				  the counsel must be the attorney of record. If a letter of representation has
				  not been received by the Commission, the Commission will not comply with the
				  subpoena.
The properly completed subpoena must reflect the appropriate
				  NEB case number, name of Complainant and Respondent, and court docket number,
				  and should be sent to the attention of the Executive Director at the principal
				  office a minimum of ten (10) days in advance of the date the file is to be
				  retrieved. The party submitting the subpoena will retrieve the file unless
				  other arrangements are made by the Executive Director. A letter confirming the
				  availability of the file will be sent, and the file must then be retrieved
				  within seven (7) days. Upon retrieval, the party must sign for receipt of the
				  file. The file should not be made available to another party. If counsel
				  representing each party wishes to review the file, separate subpoenas must be
				  submitted. If counsel is located out of state, local counsel must be obtained
				  unless approved by the Executive Director. It is not the Commission's normal
				  practice to send case files out of state.
Following receipt of the case file, copies of documents
				  and/or recordings may be made. The file may only be kept for a period of ten
				  (10) days. Files may be returned to any Commission office and must be in the
				  same condition they were in when received. Files returned by mail must be sent
				  certified. Failure to return the file within ten (10) days may result in a
				  motion to compel and request for sanctions.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 9 - Education and Outreach › Section 142-9-001 - Education and Outreach

Current through June 17, 2024
The Commission shall conduct such educational activities as
				  in the Commission's judgment will further the purposes of the Nebraska Age
				  Discrimination in Employment Act. The Commission shall consult with local
				  officials and entities for the purpose of developing coalitions of persons
				  interested and engaged in eradicating age discrimination in the
				  state.