reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-003 - Prohibitions Against Ex Parte Communication

Current through June 17, 2024
003.01
Prohibitions: When Applicable.
The prohibitions found
  in this section shall apply beginning at the time notice for hearing is
  given.
003.02
Prohibitions: to Whom Applicable.
003.02A
Persons in Decision
  Making Roles.
No party in a contested case or other person outside
  the Department having an interest in the contested case shall make or knowingly
  cause to be made an ex parte communication to the hearing officer or to a
  Department head or employee who is or may reasonably be expected to be involved
  in the decision making process of a contested case.
003.02B
Investigators.
No Department head or employee engaged
  in the investigation or enforcement of a contested case shall make or knowingly
  caused to be made an ex parte communication to a hearing officer or to a
  Department head or employee who is or may reasonably be expected to be involved
  in the decision making process of a contested case.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-004 - Intervention in a Contested Case

Current through June 17, 2024
004.01 Intervention
  in a contested case shall be allowed when the following requirements are met;
004.01A A petition for intervention must be
  submitted in writing to the hearing officer or designee at least five (5) days
  before the hearing. Copies must be mailed by the petitioner to all parties
  named in the hearing officer's notice of the hearing;
004.01B The petition must state facts
  demonstrating 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
004.01C The hearing officer or
  designee must determine that the interests of justice and the orderly and
  prompt conduct of the proceeding will not be impaired by allowing the
  intervention.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-005 - Commencement of a Contested Case

Current through June 17, 2024
005.01 The
  contested case begins with the filing of an objection with the
  Director.
005.02 The parties to a
  contested case shall be the person who files the objection and the
  Director.
005.03 A party may appear
  on his or her own behalf in a contested case or may be represented by an
  attorney or other representative as permitted by law.
005.04 The pleadings in a contested case may
  include the completed objection, answer, and notice of hearing. The objection
  and the answer shall be completed on forms approved by the Department and filed
  with the Director. The objection must 'state why the determination is
  incorrect. In the event a person files an objection pursuant to 005.04B, the
  petitioner must also state how he or she is affected by the registration of the
  particular motor vehicle whose valuation is being objected to.
005.04A
Objections to
  Determination at the Time of Certification.
Any person or taxing
  official may file an objection within ten (10) days after a determination has
  been certified by the Director.
005.04A1 If
  the Director finds that his or her determination of the MSRP is incorrect, he
  or she shall correct the MSRP for all motor vehicles in the class.
005.04A1a Example: The Director determines
  the MSRP for a Ford Contour four-door GL 4/6 cylinder is $14,645. A county
  official objects, and as a result of the objection, the Director determines the
  MSRP is $15,195. The MSRP as certified to the county officials will be changed
  and every Ford Contour four-door GL 4/6 cylinder will be taxed on the MSRP of
  $15,195.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-006 - Hearing Officer Criteria

Current through June 17, 2024
006.01 The
  Department may delegate to a hearing officer other than the Director the
  functions of conducting a prehearing conference and/or a hearing and submitting
  a recommended decision to the Department.
006.02 A person who has served as an
  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 006.04.
006.03 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 assist or advise a hearing officer in the same
  proceeding except as provided in subsection 006.04.
006.04 If all parties consent, a person 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.
006.05 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 a hearing officer in the same proceeding.
006.06 A person may serve as hearing officer
  at successive stages of the same contested case.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-007 - Prehearing Procedures

Current through June 17, 2024
007.01
Prehearing Conferences and Orders.
A hearing officer
  designated to conduct a hearing may determine, subject to these 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 a hearing.
  If a prehearing conference is conducted:
007.01A The hearing officer shall promptly
  notify the Department that a prehearing conference with be conducted. The
  Department may assign another hearing officer for the prehearing conference;
  and
007.01B The hearing officer for
  the prehearing conference shall set the time and place of the conference and
  give reasonable written notice to all parties and to all persons who have filed
  written petitions to intervene in the matter. The Department shall give notice
  to other persons entitled to notice.
007.01C The notice referred to in subsection
  007.0 IB shall include the following:
007.01C1
  The names and mailing addresses of all panics and other persons to whom notice
  is being given by the hearing officer;
007.01C2 The name, official title, mailing
  address, and telephone number of any counsel or employee who has been
  designated to appear for the Department;
007.01C3 The official file or other reference
  number, the name of the proceeding, and a general description of the subject
  matter;
007.01C4 A statement of the
  time, place, and nature of the prehearing conference;
007.01C5 A statement of the legal authority
  and jurisdiction under which the prehearing conference and the hearing are to
  be held;
007.01C6 The name,
  official title, mailing address, and telephone number of the hearing officer
  for the prehearing conference;
007.01C7 A statement that a party who fails
  to attend or participate in a perhearing conference, hearing or other stage of
  a contested case or who fails to comply with a prehearing order may be held in
  default under the Administrative Procedures Act; and
007.01C8 Any other matters that the hearing
  officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-008 - Conducting a Contested Case Hearing

Current through June 17, 2024
008.01
Burden of Proof.
The petitioner shall have the burden
  of proving that the Director's determination is wrong.
008.02
Order.
At the
  discretion of the hearing officer, the hearing may be conducted in the
  following order:
008.02A The hearing officer
  calls the hearing to order. He or she entertains any preliminary motions,
  stipulations or agreed orders.
008.02B Each party may be permitted to make
  an opening statement. Opening statements take place in the same order as the
  presentation of evidence.
008.02C
  Presentation of evidence.
008.02C1 Evidence
  will be received in the following order:
008.02C1a The hearing officer shall receive
  into evidence the Director's answer stating from his or her records the make,
  model, and year, or other appropriate identification information about the
  petitioner's motor vehicle; the MSRP, and the source for determining the
  MSRP;
008.02C1b The petitioner
  presents evidence to show why the Director's determination is
  incorrect;
008.02C1c A
  representative for the Director may present rebuttal evidence;
008.02C1d The petitioner may present
  surrebuttal evidence.
008.02C2 With regard to each witness who
  testifies, the following examination may be conducted:
008.02C2a Direct examination by the party who
  calls the witness;
008.02C2b Cross
  examination by the opposing party;
008.02C2c Redirect examination by the party
  who calls the witness; and
008.02C2d Recross examination by the opposing
  party.
008.02D
  After the evidence is presented, each party may have an 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 lieu of closing arguments.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-009 - Decision and Order in a Contested Case

Current through June 17, 2024
009.01 Every
  decision and order adverse to a party to the proceeding, rendered by a
  Department in a contested case, shall be m writing or stated in the record and
  shall be accompanied by a findings of fact and conclusions of law.
009.02 The decision and order shall include:
009.02A The name of the Department and name
  of the proceeding;
009.02B The time
  and place of the hearing;
009.02C
  The names of ail parties and/or their attorneys who entered an appearance at
  the hearing;
009.02D The findings
  of fact consisting of the action taken by the Department as a result of the
  facts found and the legal conclusions arising therefrom.
009.02E The conclusions of law consisting of
  the applications of the controlling law to the facts found and the legal
  conclusions arising therefrom.
009.02F The order consisting of the action
  taken by the Department as a result of the facts found and the legal
  conclusions therefrom.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Section 252-1-010 - Appeals

Current through June 17, 2024
010.01 Any person aggrieved by a final
  decision in a contested case may appeal the Director's final determination. The
  appeal shall be in accordance with the Tax Equalization and Review Commission
  Act.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS GOVERNING HEARINGS TO CONTEST THE DEPARTMENT OF MOTOR VEHICLES DETERMINATION OF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF PASSENGER CARS, TRUCKS UTILITY VEHICLES, AND VANS, WEIGHING UP TO FIVE (5) TONS PURSUANT TO NEB. REV. STAT. SECTION 60-3005 › Attachment 1

Current through June 17, 2024
Click here
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Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-001 - SCOPE

Current through June 17, 2024
These rules and regulations govern the Department of Motor Vehicles'
	 procedures for imposing fees and taxes on motor vehicles pursuant to
Neb. Rev. Stat.
§§
									60-3,184
	 through
	 60-3,191.
	 They do not cover the registration fees in Chapter 60, Article
	 3.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-003 - EXEMPT MOTOR VEHICLES

Current through June 17, 2024
003.01
Motor Vehicles
  Exempt From The Tax And The Fee.
The following motor vehicles are exempt from the tax and the fees
	 covered in these rules and regulations:
003.01A
Government Motor
  Vehicles.
Motor vehicles owned by the state and its
  governmental subdivisions and exempt as provided in subdivision (1)(a) or (b)
  of
Neb. Rev. Stat.
§ 77-202 and all motor
  vehicles exempted from registration fees in
Neb. Rev.
  Stat
§ 60-3,185.
003.01B
Disabled
  Veteran.
One motor vehicle owned and used for his or her
  personal transportation by an honorably discharged disabled or blind veteran of
  the United States Armed Forces as defined in
Neb. Rev.
  Stat.
§ 77-202.23. The application for this exemption must be
  approved under subsection (1) of
Neb. Rev. Stat.
§ 60-3,189.
003.01C
Indians.
Motor vehicles owned by Indians
  as defined in
  25
  U.S.C. 479.
003.01D
Non-resident
  Military Member.
Motor vehicles owned by a member of the
  United States Armed Forces serving in this state in compliance with military or
  naval orders if such person is a resident of a state other than
  Nebraska.
003.01E
Charitable Organizations.
Motor vehicles
  owned and used exclusively by an organization or society qualified for a tax
  exemption provided in subdivision (1)(c) or (d) of
Neb. Rev.
  Stat.
§
										77-202.
  The application for this exemption must have been approved under subsection (2)
  of
Neb. Rev. Stat.
§
										60-3,189.
003.01F
Interstate Trucks.
Trucks, truck-trailers, trailers, semitrailers, or
  combinations thereof registered under
Neb. Rev. Stat.
  §
60-3,198.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-004 - TAX AND FEE PROCEDURES

Current through June 17, 2024
004.01
Fee.
In addition to the registration fees provided by Chapter 60, Article 3,
	 and the tax, a motor vehicle fee is imposed on all motor vehicles registered
	 for operation in this state.
004.02
County Treasurer
  Notifies Owner.
The county treasurer shall annually determine both the fee and the tax
	 on each motor vehicle registered in the county. He or she shall mail a notice
	 of the amount of the fee and the tax to the registrant at the address shown
	 upon his or her registration certificate. The notice shall be printed on a form
	 and mailed to the registrant on or before the first day of the last month of
	 the registration period.
004.03
Paid Prior to
  Registration.
The tax, motor vehicle fee, and registration fee shall be paid to the
	 county treasurer prior to the registration of the motor
	 vehicle.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-005 - BASE TAX

Current through June 17, 2024
The tax is based upon the manufacturer's suggested retail price, gross
	 vehicle weight, or registered weight. It is unrelated to the actual value of
	 the motor vehicle.
005.01
for Base Tax for Passenger Cars, Etc.
The base tax for passenger cars, trucks, motorcycles, utility motor
	 vehicles and vans up to and including seven tons gross vehicle weight is based
	 upon the manufacturer's suggested retail price when the motor vehicle was
	 new.
005.01A
Example.
A current year model stripped van is purchased
  for the manufacturer's suggested retail price of $15,000. It is immediately
  given a complete overhaul into a conversion van with windows, quality stereo
  and television. This overhaul cost $10,000 and the value of the motor vehicle
  is $25,000. The base tax is based upon the manufacturer's suggested retail
  price of $15,000. The base tax is $180.
005.01B
Example.
A cost-conscious buyer purchases a current year model car
  from a dealer for $9,900. The manufacturer's suggested retail price is $12,000.
  The base tax is based upon the manufacturer's suggested retail price of
  $12,000. The base tax is $140.
005.01C
Example.
A buyer purchases a current year
  motor vehicle that has hail damage, but is not a salvage motor vehicle. The
  motor vehicle has a manufacturer's suggested retail price of $30,000, but,
  because of the damage, the buyer pays $22,000. The base price is based upon the
  manufacturer's suggested retail price of $30,000. The base tax is
  $500.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-006 - EXCEPTIONS TO THE BASE TAX

Current through June 17, 2024
006.01
Newer than Current
  Year Motor Vehicles.
When a motor vehicle is registered which is newer than the current
	 model year by the manufacturer's designation, the motor vehicle is subject to
	 the initial tax in the first registration period and 95 percent of the initial
	 tax in the second registration period. The reduction shall apply only if the
	 motor vehicle is owned or leased by the same person for both registration
	 periods.
006.01A
Example.
In October, 2008, a 2009
  passenger car is purchased at a manufacturer's suggested retail price of
  $20,000. The base tax is $300 and the October, 2008, tax is $300 multiplied by
  1.00 or $300. The tax in October, 2009, is calculated as $300 multiplied by .95
  or $285. The tax in October, 2010, is calculated as $300 multiplied by .90
  (second year tax) or $270.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-007 - DETERMINATION OF MANUFACTURER'S SUGGESTED RETAIL PRICE AND GROSS VEHICLE WEIGHT

Current through June 17, 2024
007.01
Valuation of
  Automobiles.
The Department shall determine the value when new of automobiles
	 currently available and shall continue to determine the values of automobiles
	 as new models become available to Nebraska residents.
007.02
Gross Vehicle
  Weight.
The Department shall determine the gross vehicle weight rating of motor
	 vehicles over seven tons.
007.03
Commercially
  Available Electronic Information.
The Department will use appropriate commercially available electronic
	 information to make the determination of the manufacturer's suggested retail
	 price and the gross vehicle weight rating of motor vehicles over seven
	 tons.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-008 - OBJECTION TO DEPARTMENT'S DETERMINATION

Current through June 17, 2024
008.01
Objections to
  Certification at the Time of Determination.
Any person or taxing official may file objections within ten days after
	 a determination has been certified by the Department. All objections must state
	 in writing why the determination is incorrect.
008.02
Objections to the
  Determination at the Time of Registration.
Any affected person may file an objection to the determination of the
	 Department not more than 15 days before and not later than 30 days after the
	 registration date. The objection must state in writing why the determination is
	 incorrect.
008.03
Hearing.
Upon the filing of an objection the Department shall fix a time for a
	 hearing. Any party may introduce evidence in reference to the objections, and
	 the Director shall act upon the objections and make an order. Hearing shall be
	 conducted pursuant to 252 NAC 1. The final order by the Director may be
	 appealed in accordance with the Tax Equalization and Review Commission Act. In
	 an appeal to the Tax Equalization and Review Commission, the Department's
	 determination of the manufacturer's retail price is presumed correct, and the
	 party challenging the determination shall bear the burden of proving, by a
	 preponderance of the evidence, the correct valuation or
	 weight.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-009 - FEE SCHEDULES

Current through June 17, 2024
The fee shall be calculated by multiplying the base fee times the
	 fraction which corresponds to the age category of the motor vehicle as shown in
	 the following table:
Year
Fraction
First through fifth
1.00
Sixth through tenth
.70
Eleventh and over
.35
009.01 The base fee
  shall be:
009.01A Automobile with a value
  when new of less than $20,000, and assembled motor vehicles -- $5.
009.01B Automobiles with a value when new of
  $20,000 through $39,999 -- $20.
009.01C Automobiles with a value when new of
  $40,000 or more -- $30.
009.01D
  Motorcycles -- $10.
009.01E
  Recreational motor vehicles and cabin trailers -- $10.
009.01F Trucks and buses. All trucks over
  seven tons and combinations of trucks or truck-tractors, except those trucks,
  truck-trailers, trailers, or semitrailers registered under
Neb.
  Rev. Stat.
§
										60-3,198
  -- $30.
009.01G Trailers other than
  semitrailers -- $10.
009.01H
  Semitrailers -- $30.
009.01I
  Minitrucks -- $10.
Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 252 - NEBRASKA ADMINISTRATIVE CODE › Chapter 2 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES' PROCEDURES FOR IMPOSING FEES AND TAXES ON MOTOR VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-3,184 THROUGH 60-3,191 › Section 252-2-010 - REFUND OF FEE AND TAX

Current through June 17, 2024
010.01
Situations in Which
  a Refund May Be Appropriate.
010.01A Upon the transfer of title ownership
  of any motor vehicle; or
010.01B
  Upon a change in the tax situs of a motor vehicle to a location outside of this
  state; or
010.01C Upon a trade-in
  or surrender of a motor vehicle under a lease; or
010.01D Whenever a type or class of motor
  vehicle previously taxed and registered is subsequently declared by legislative
  act or court decision to be illegal or ineligible to be operated on the public
  roads and no longer subject to registration fees and motor vehicle fees and
  taxes; or
010.01E In case of loss
  of possession because of fire, theft, dismantlement, or junking; or
010.01F When a salvage branded certificate of
  title is issued.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 1 - GENERAL PROVISIONS › Section 256-1-001 - Purpose and Effect of Rules

Current through June 17, 2024
These rules and regulations are adopted for the purpose of
				  carrying out the provisions of the Nebraska Resources Development Fund Act.
				  Under no circumstances shall these rules and regulations be construed as a
				  limitation or restriction upon the exercise of any proper discretion that is
				  vested in either the Director or the Natural Resources Commission, nor shall
				  they in any event be construed to deprive the Director or the Commission of any
				  exercise of powers, duties and jurisdiction conferred by law, nor to limit or
				  restrict the amount or character of data or information which may be required
				  for the proper administration of the Act.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 1 - GENERAL PROVISIONS › Section 256-1-003 - Types of Assistance

Current through June 17, 2024
Eligible applicants for financial assistance from the Fund
				  may receive such assistance in the form of grants, loans, or through the direct
				  acquisition by the state of interests in eligible programs and projects. The
				  form of assistance which may be allocated to a program or project shall be
				  determined utilizing the following criteria:
003.01 Grants
Allocations from the Fund may be made as grants to
				  applicants when it is determined that such an allocation will not be reimbursed
				  from revenue or receipts and when the program or project, or separable portion
				  thereof, appears to be of general public benefit thereby making reimbursement
				  of such money from local tax funds inappropriate or impossible, or when the
				  funds are intended for a state or local contribution to a program or project
				  requiring such contribution to meet the requirements for a matching federal
				  grant. If only a portion of the project meets the above criteria, only that
				  portion will be eligible for a grant. In determining the appropriateness of a
				  grant the considerations of the Director and the Commission shall include the
				  extent of the area over which the anticipated benefits will accrue and whether
				  equitable distribution of the costs of the program or project can be
				  accomplished without a grant.
003.02 Loans
Allocations may be made from the Fund as loans to applicants
				  for any program or project or any part thereof consistent with the purposes of
				  the Act which will directly generate revenue or receipts or which can be
				  anticipated to culminate in a program or project which will generate revenue or
				  receipts, or which would not generate revenue or receipts but would be of
				  general public benefit to the applicant making repayment from local tax funds
				  appropriate.
003.03
				Acquisition of State Interests
Interests in water and related land resources projects may
				  be acquired by the Department, upon approval by the Commission, in the name of
				  the state with moneys from the Fund when the public benefits obtained from the
				  project or a part thereof are statewide in nature and when associated costs are
				  determined to be more appropriately financed by other than a local
				  organization. The Department, upon approval by the Commission, may also acquire
				  interests in water resources projects in the name of the state to meet future
				  demands for usable water.
003.04 Allocations to State Agencies
No grant or loan shall actually be made to state agencies
				  for programs or projects determined to be eligible for funding unless:
003.04A The allocation is for the purpose of
				reserving land for a future resource development project, or;
003.04B The allocation has been approved by
				the Legislature by earmarking appropriations to the Fund for that
				purpose.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 1 - GENERAL PROVISIONS › Section 256-1-004 - Eligible Projects

Current through June 17, 2024
Moneys from the Fund may be used to (a) participate in
				  locally sponsored projects; (b) participate in projects sponsored or
				  financially assisted by the federal government; and (c) finance state-sponsored
				  projects. The types of projects and programs eligible for funding and the
				  respective forms of such funding are as follows:
004.01 Structural Measures
Structural measures which may be eligible for allocations
				  from the Fund in the form of grants and/or loans include measures designed for
				  flood control; pollution abatement; fish and wildlife enhancement and
				  preservation; outdoor recreation, irrigation development; irrigation
				  rehabilitation; groundwater recharge; water supply for any beneficial use
				  including domestic, agricultural, and manufacturing uses; streamflow
				  augmentation; stream bank stabilization; and erosion and sediment
				  control.
004.02
				Non-structural Measures
Non-structural measures which may be eligible for financial
				  assistance from the Fund in the form of grants and/or loans include: Flood
				  damage reduction; fish and wildlife enhancement and preservation; outdoor
				  recreation; reservation of lands for future resources development projects; and
				  other water and related land resources programs. Projects whose primary
				  purposes are research or data gathering shall not be eligible for
				  assistance.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 1 - GENERAL PROVISIONS › Section 256-1-005 - Interest Rate

Current through June 17, 2024
The rate of interest payable on loans from the Fund shall be
				  determined annually prior to October 1 of each fiscal year. Except as otherwise
				  provided herein, such rate of interest shall be computed by averaging the
				  yields, as determined by the "Moodys" rating and classification system, of AAA
				  State-Local Bonds issued nationally for the three previous fiscal years and by
				  rounding off such average to the nearest one-eighth percent. For loans for the
				  rehabilitation or betterment of surface water irrigation projects, the
				  Commission may reduce the rate of interest to not less than three percent if
				  (1) the amount of the loan is $500,000 or less; (2) the repayment period is ten
				  years or less; (3) the project sponsor has not previously received a reduced
				  interest loan from the Fund; and (4) the Director and the Commission determine
				  that the proposed project will make water available for public use or will
				  provide other public benefits. The rate of interest payable on a loan for a
				  specific program or project shall be the rate in effect for the fiscal year in
				  which the Director recommends approval of the program or project for a loan
				  allocation. Such rate shall remain in effect throughout the repayment period
				  determined to be appropriate for such program or project.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 1 - GENERAL PROVISIONS › Section 256-1-006 - Deferred Interest

Current through June 17, 2024
When, in the Commission's judgment, a construction or
				  preconstruction period (not exceeding five years next following the initial
				  allocation) is justified, no payment on the interest or principal on such loans
				  is required during that period, but interest shall begin accruing on all loan
				  allocations immediately with disbursement. Repayment shall commence no later
				  than one full year following completion of project construction. Any deferred
				  interest may be apportioned over the repayment period. The repayment period
				  will not exceed the project life or fifty years, whichever is
				  less.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-002 - Filing Location

Current through June 17, 2024
All project proposals, applications or other documents or
				  instruments supplied by an applicant in connection with a request for financial
				  assistance from the Fund shall be filed with the Director.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-003 - Application Procedure

Current through June 17, 2024
It is recommended that each formal application for financial
				  assistance from the Fund be preceded by a Project Proposal. An applicant may
				  include the cost to the applicant of the feasibility report, the contents of
				  which are specified by section
				  2-012 as a portion of the project
				  costs of any project for which funding in an amount of less than $100,000 is
				  requested. Such cost may also be included as a portion of the project costs of
				  any project for which funding in excess of $100,000 is requested if, and only
				  if, a project proposal has been previously submitted.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-004 - Information Required in Project Proposal

Current through June 17, 2024
If the applicant decides to submit a Project Proposal,
				  twenty-five copies shall be filed unless otherwise directed by the Director.
				  The Project Proposal shall include the following information:
004.01 Name and address of
				applicant;
004.02 Applicant's
				authorized representative and his name and address;
004.03 A description of the proposed project
				and the desired accomplishments;
004.04 The primary purpose of the proposed
				project;
004.05 Other purposes of
				the proposed project;
004.06 A
				statement of urgency and need for the proposed project;
004.07 The applicant's most recent financial
				statement or budget document;
004.08 The estimated costs of the
				project;
004.09 The expected
				benefits from the proposed project;
004.10 The anticipated funding or other
				assistance from other sources;
004.11 The type and approximate amount of
				state assistance to be requested;
004.12 A discussion of probable environmental
				effects which shall include the applicant's plans to determine the potential
				impact of the proposed project on any threatened or endangered species or the
				critical habitat of any such species. Copies of any applicable correspondence
				with the Game and Parks Commission shall be included, if available.
004.13 The estimated schedule of construction
				of the project, and;
004.14 A
				discussion of alternatives for accomplishing the purpose of the
				project.
004.15 An indication
				whether liability insurance or contractor bonding will be required.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-005 - Details of Project Proposals

Current through June 17, 2024
The information required in Project Proposals shall be in
				  such detail as directed by the Commission and Director. Appropriate guidelines
				  for assistance in Project and Program Proposal preparation shall be prepared
				  and distributed to all state agencies or political subdivisions expressing a
				  need for such assistance.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-006 - Omissions in Project Proposal

Current through June 17, 2024
If the Commission or the Director desires additional
				  information on a Project Proposal, it will so notify the applicant. If the
				  Director determines that a Project Proposal is not complete, or if additional
				  information is required, the Director will notify the applicant of such
				  omissions. The applicant shall be expected to correct any such omission or
				  provide any additional information requested within 60 days following
				  notification.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-007 - Review by Commission and Director

Current through June 17, 2024
Upon receipt of a properly completed Project Proposal, the
				  Director shall review it forthwith, make a preliminary evaluation, and advise
				  the Commission within 90 days:
(1)
				that the Director recommends the Sponsor be authorized to proceed with
				preparation of a formal application and feasibility report; or
(2) that, based upon the submitted proposal,
				the Director does not recommend the Sponsor prepare an application and
				feasibility report. The reasons for any negative recommendation shall be
				stated. If the Director recommends proceeding, he or she shall also indicate
				the type of funding for which the project may be eligible and a cost-share
				range within which a funding recommendation is probable if the project is later
				determined to be eligible for funding. The Director may make any additional
				recommendations regarding the contents of the formal application and
				feasibility report he or she deems appropriate. Any such recommendations shall
				be forwarded to the Sponsor by the Department along with a notice of when the
				Commission will next be considering Project Proposals that have been reviewed
				by the Director but have not yet been acted on by the Commission. The Sponsor
				will be invited to appear before the Commission and comment on the Director's
				recommendations at that time. Upon review and consideration of the Director's
				recommendations and the Sponsor's comments, if any, the Commission shall
				determine whether the Director is to advise the applicant:
(1) that it is authorized to proceed with
				preparation of a formal application and feasibility report; or
(2) that it is recommended that an
				application and feasibility report not be prepared; the reasons for a negative
				recommendation shall be stated. If the Commission has compared and ranked two
				or more projects for which project proposals were reviewed at the same time,
				the Sponsor shall also be informed as to the relative ranking of each such
				proposed project.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-008 - Public Hearing and Notification

Current through June 17, 2024
Except for projects requesting less than $ 100,000 from the
				  Fund, the applicant shall conduct at least one public hearing on all aspects of
				  the proposed project or program prior to submission of the formal application
				  and feasibility report. Notice of the hearing shall be provided to the general
				  public by the publication, at least ten days prior thereto, in a newspaper or
				  newspapers of general circulation within the project or program area. A copy of
				  such notice will be provided to the Director. Information gained from the
				  hearing, including a summary of testimony presented, is to be forwarded with
				  the application.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-009 - Time to Complete Formal Applications

Current through June 17, 2024
Upon notice by the Director of the Commission's findings on
				  the Project Proposal, the Applicant shall be given a period of one year to
				  complete a formal application and feasibility report. If an application is not
				  completed within one year, or within such additional time as the Commission may
				  grant for good cause shown, the Commission may request the filing of a new
				  Project Proposal.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-010 - Form of Formal Application and Feasibility Report

Current through June 17, 2024
Applicants for financial assistance from the Fund shall file
				  twenty-five copies of an application and feasibility report. Such application
				  shall contain a specific request for each type of assistance applied for in a
				  specified amount. The contents of such application and feasibility report shall
				  include all items required by sections
				  2-011 to
				  2-018 unless otherwise authorized by
				  the Director. Feasibility reports shall be prepared at the initial expense of
				  the applicant and with the assistance of licensed engineers, financial
				  consultants, economists, recreation planners, wildlife specialists, or other
				  consultants if deemed necessary by the applicant or by the Director following
				  his or her evaluation of the Project Proposal. Costs of preparation of the
				  feasibility report incurred by the applicant may be included if consistent with
				  section
				  2-003.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-011 - Contents of Formal Application

Current through June 17, 2024
Except to the extent that such information has previously
				  been indicated through submission of a Project Proposal, the formal application
				  shall include the following information:
011.01 A cover letter from the applicant
				submitting the feasibility report, the contents of which are specified by
				section
				2-012;
011.02 The name and address of the
				applicant's authorized representative;
011.03 An outline of the initial development
				and background of the project;
011.04 An explanation of the need and urgency
				of the project;
011.05 A
				description of project goals and purposes;
011.06 A general discussion of alternative
				plans considered including a comparison of the technical, economic, and
				environmental aspects of each alternative with the plan chosen; and
011.07 A statement whether money from other
				sources is available or has been sought.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-012 - Contents of Feasibility Report

Current through June 17, 2024
Contents of the feasibility report are to be of sufficient
				  detail to demonstrate the technical, economic and financial feasibility, as
				  well as the legal soundness, of the proposed project. Additionally, the
				  expected positive and adverse environmental and ecological consequences of the
				  project shall be therein demonstrated. The extent of detail necessary in the
				  feasibility report will depend upon the type, purpose, and complexity of the
				  project. Upon completion of any project proposal review, the Director will, to
				  the extent deemed necessary, advise the applicant as to:
012.01 The criteria utilized to evaluate the
				technical, economic, financial, legal, and environmental aspects of the
				project;
012.02 The informational
				detail to be contained in the feasibility report.
Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 256 - RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF THE RESOURCES DEVELOPMENT FUND › Chapter 2 - APPLICATION PROCEDURES AND REQUIREMENTS › Section 256-2-013 - Technical Feasibility

Current through June 17, 2024
013.01 A structural
				project shall be considered technically feasible when it can and will be
				designed, constructed, and operated to accomplish the purpose(s) for which it
				was planned utilizing accepted engineering and other technical principles and
				concepts. Technical data and information to be provided in the feasibility
				report should include, but is not limited to, the following:
013.01A A detailed discussion of the plan of
				development selected for the project;
013.01B A description of all field
				investigations made to substantiate the feasibility report;
013.01C Maps, drawings, charts, tables, etc.,
				used as a basis for the feasibility report;
013.01D A description of the water and land
				rights associated with the project and pertinent water supply and water quality
				information, if appropriate;
013.01E A detailed discussion of each
				component of the final plan preparation including, when applicable:
013.01E1 Required geologic investigation;
013.01E2 Required hydrologic data;
013.01E3 Design criteria for final
				design including, but not limited to, soil mechanics, hydraulic, hydrologic,
				structural, embankments and foundation criteria.