reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 221 - DEPARTMENT OF LABOR › Chapter 7 - REPORTING OF LABOR DISPUTES › Section 221-7-002

Current through June 17, 2024
When a labor dispute that results in the unemployment of
				  workers occurs, the employer shall provide the Department with such information
				  as requested, including, but not limited to the number of workers affected, the
				  name and social security number of each worker, and the work site of each
				  worker.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-001

Current through June 17, 2024
This chapter is adopted pursuant to
Neb.
				  Rev.
Stat. §
									48-607.
				  it is intended to provide rules of procedure for appeals from determinations by
				  the Commissioner in any appeal arising under
Neb. Rev.
Stat.
				  §§
									48-648
				  to
				  48-661.
				  This chapter specifically governs hearings to be held pursuant to appeals from
				  rate determinations or from determinations of liability for combined tax or
				  payments in lieu of contributions. it does not govern those appeals under
Neb. Rev. Stat.
§
									48-634.
				  Because the overwhelming majority of appeals brought under the Title involve
				  parties not represented by legal counsel, these regulations do not incorporate
				  the more formalized rules of procedure for administrative hearings adopted by
				  the Attorney General pursuant to
Neb. Rev. Stat
§
									84-909.01.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-002

Current through June 17, 2024
Any affected party desiring to appeal a determination of the
				  Commissioner shall file a Notice of Appeal with the Commissioner of Labor or
				  the Unemployment Tax Administrator. Hearings will be conducted by a hearing
				  officer employed by the Department of Labor.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-003

Current through June 17, 2024
A Notice of Appeal shall contain the following:
A. The full name, address and telephone
				number of the person requesting the hearing;
B. The full name, address and telephone
				number, if known, of any person whose interests could be affected by the
				hearing officer's decision, hereinafter referred to as an "interested party";
				and
C. A plain and concise
				statement of the reasons why the determination of the Commissioner is
				erroneous.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-004

Current through June 17, 2024
The Notice of Appeal shall be filed within the statutory
				  timeframe provided, or, if no statutory timeframe is provided, then within
				  thirty calendar days of the date of the Unemployment Tax Administrator's notice
				  of determination. The Notice of Appeal may be filed by an electronic method
				  determined by the Commissioner or by mail or physical delivery to the address
				  listed on the Unemployment Tax Administrator's letter of determination.
				  Hearings will be conducted by telephone conference call except for good cause
				  shown.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-005

Current through June 17, 2024
The Department shall, upon receipt of such a request,
				  promptly notify any other party whose legal rights may be adversely affected by
				  the appeal and provide a copy of the appeal to such additional parties. The
				  Department shall notify the Appeal Tribunal of the name and mailing address of
				  any additional parties so notified of the appeal.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-007

Current through June 17, 2024
After the case has been filed, any party to the proceedings
				  may file a motion to summarily dismiss the case if the request for hearing
				  fails to meet the requirements of section 003, fails to advance a complaint
				  cognizable by the Commissioner under laws administered by the Department of
				  Labor, or presents a matter that has already been decided against the party
				  desiring to appeal in an administrative or judicial forum. Notice of such
				  dismissal shall be given to all interested parties.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-009

Current through June 17, 2024
An interested party who desires a continuance shall make a
				  request for continuance of the hearing officer hearing the case or the
				  supervising hearing officer, stating in detail the reasons why an extension of
				  time is necessary. For good cause shown, the hearing officer hearing the case
				  or the supervising hearing officer may grant such a continuance and may at any
				  time order a continuance on his or her own motion.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-010

Current through June 17, 2024
A. Unless otherwise assigned in writing by
				the Commissioner, the hearing on the appeal shall be assigned to a hearing
				officer for hearing. The hearing officer will open the proceedings, administer
				oaths, act on pleadings not previously filed, receive evidence, rule on motions
				and objections relating to testimony and evidence, interrogate any witnesses to
				ascertain additional facts, and close the proceedings. A hearing officer shall
				not participate in an appeal in which he or she has a conflict of
				interest.
B. The appealing party
				shall present its evidence first as to why it believes the rate determination
				was incorrect or why it is not subject to liability for combined tax or payment
				in lieu of contributions. If the appealing party fails to appear for the
				scheduled hearing pursuant to the instructions contained within the Notice of
				Hearing, the hearing officer may dismiss the appeal for want of prosecution.
				The granting of a Request to Reopen or Request for Reconsideration shall be
				within the sound discretion of the hearing officer.
C. it shall be the duty of the Appeal
				Tribunal to reach an independent conclusion regarding the facts of any case.
				The Appeal Tribunal shall follow Nebraska Statutes, the decisions of courts of
				superior jurisdiction, as well as applicable Department rules and regulations.
				The Appeal Tribunal shall not have jurisdiction to determine the validity or
				constitutionality of any Department regulation or Nebraska Statute.
D. Upon completion of the hearing, the
				hearing officer shall prepare a Decision within thirty days containing findings
				of fact and conclusions of law. The Decision shall affirm, reverse or modify
				the determination appealed and shall be served on all interested parties by
				mail or personal delivery, if deemed necessary, the hearing officer may also
				remand the case back to the Department. The Commissioner may appoint a
				different hearing officer to complete the appeal in the event that a decision
				is not issued within 90 days following the completion of a hearing of the
				appeal. Parties to a proceeding may obtain a duplicate recording or transcripts
				upon written request and by paying the actual cost of duplication,
				transcription, and mailing to the Appeal Tribunal. Subject to the provisions of
Neb, Rev. Stat
§§
									48-612
				and
				48-612.01,
				copies of decisions may be provided to the public upon request.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-012

Current through June 17, 2024
A party to the hearing will be allowed to:
A. Make an opening statement;
B. Present evidence;
C. Cross-examine witnesses;
D. Present rebuttal evidence; and
E. Make a closing statement.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-013

Current through June 17, 2024
The hearing officer shall receive all evidence in accordance
				  with the criteria set forth in
Neb. Rev. Stat
§
									84-914.
				  Ex-parte communications shall be strictly limited to procedural matters not
				  involving the factual basis of any claim. Transfer of agency documents to the
				  Appeal Tribunal and the submission of proposed exhibits to be offered into
				  evidence at a hearing conducted by telephone conference call shall not be
				  considered an ex-parte communication.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-014

Current through June 17, 2024
Parties shall furnish originals or accurate copies of all
				  documentary evidence offered at the hearing to the hearing officer. All
				  exhibits which a party desires to be considered shall be offered and made a
				  part of the record of the case. Parties shall furnish originals or accurate
				  copies of all documentary evidence to be offered at the hearing to the Appeal
				  Tribunal at least 48 hours prior to the hearing. Parties shall also furnish
				  accurate copies of all documentary evidence to be offered at the hearing to all
				  interested parties at least 48 hours prior to the hearing.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-015

Current through June 17, 2024
Discovery may be allowed if its use will not unduly prolong
				  the dispute. Parties to any proceeding may agree upon any facts involved in the
				  controversy, either by written stipulation into the record as an exhibit, or by
				  oral agreement stated on the record. The hearing officer shall not be
				  irrevocably bound by such stipulation.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-016

Current through June 17, 2024
Briefs may be submitted by a party to any hearing. The time
				  for filing and the number of copies required will be fixed at the close of the
				  hearing by the hearing officer.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-017

Current through June 17, 2024
Upon completion of any hearing, the hearing officer may take
				  the matter under advisement and the hearing officer shall prepare a written
				  decision containing findings of fact and conclusions of law. The decision shall
				  be served upon each interested party by mail or by personal
				  delivery.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-019 - Hearings will be recorded

Current through June 17, 2024
The hearing officer will determine the method of recording.
				  Parties to a proceeding may obtain a duplicate recording or transcript upon
				  written request and by paying the actual cost of duplication, transcription,
				  and mailing to the Department.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-020

Current through June 17, 2024
The hearing officer, upon the written request of any party,
				  may issue a subpoena compelling the attendance of a witness for the purpose of
				  taking evidence or compelling the production of any documents which are
				  relevant and material to the hearing. Such request must;
A. Be submitted at least ten calendar days
				prior to the date set for the witness' appearance;
B. Service shall be by certified mail, return
				receipt. All subpoenas shall be served at least three days before the date set
				for the witness's appearance;
C. A
				subpoena request for the production of documents shall also identify the
				documents to be subpoenaed, the person to whom the subpoena should be sent, and
				why the production of the documents is necessary for the presentation of the
				case.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-021

Current through June 17, 2024
The parties requesting the issuance of subpoenas shall be
				  responsible for the payment of witness fees and mileage. A witness required to
				  travel to attend a hearing shall receive eight dollars for each day and mileage
				  at the rate of $0,485 per mile. Upon the request of the Department, such fees
				  shall be paid at the time the subpoena is requested.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-022

Current through June 17, 2024
A. Enforcement of a mailed subpoena may only
				be had where:
1. Receipt by the subpoenaed
				party can be shown;
2. The place
				where the prospective witness was commanded to appear was in the county of his
				or her residence or the prospective witness was commanded to be available for a
				telephone hearing.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-023

Current through June 17, 2024
On the failure of any person to obey an enforceable subpoena,
				  the Commissioner shall, upon the request of the party requesting the subpoena,
				  make an application to the appropriate court to obtain an order compelling the
				  witness' attendance.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-024

Current through June 17, 2024
Whenever motions and requests are authorized to be made under
				  these rules, they shall be in writing and identify the case to which they
				  relate. They shall include, or be accompanied by, such affidavits or statements
				  which the moving party desires to offer in support thereof. A certificate of
				  service showing service on any other interested parties must also be included.
				  Oral motions may also be considered during the hearing. Any interested party
				  may file a written response to the motion or request. Motions, requests, and
				  responses shall be filed with the Department and served upon interested parties
				  in the same manner as is provided for the filing and serving of requests for
				  hearing.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-025

Current through June 17, 2024
Except as otherwise provided by law, the Commissioner or any
				  party may appeal a final order of the Appeal Tribunal to the district court in
				  accordance with the provisions of
Neb. Rev. Stat.
§
									84-917.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 1 - RULES FOR ADMINISTRATIVE TAX HEARINGS › Section 223-1-026

Current through June 17, 2024
The filing of a request for hearing shall not automatically
				  stay enforcement of a determination or an order issued by the hearing officer.
				  The hearing officer may order a stay upon motion therefore upon such terms as
				  are deemed appropriate. Motions for stays will generally not be granted in
				  cases where the determination or order being appealed from relates to the
				  enforcement of a statute or regulation pertaining to the health or safety of
				  employees or the general public.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 2 - REGULATIONS AND PROCEDURES GOVERNING DECLARATORY ORDERS › Section 223-2-001 - General information

Current through June 17, 2024
A. Application of
				these Model Rules. These regulations are adopted from model rules of procedures
				promulgated by the Attorney General pursuant to
Neb. Rev.
				Stat.
§
									84-909.01,
				as practicable under the circumstances, and provide for procedures for persons
				to seek declaratory orders from this agency.
B. Scope of this Chapter. This chapter
				pertains solely to the procedures to be used by any person or entity seeking
				issuance of a declaratory order by this agency.
C. The Nebraska Department of Labor follows
				the Model Rules adopted by the Attorney General for regulations and procedures
				governing Declaratory orders found at 53 NAC 1 through 53 NAC 5.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS GOVERNING PETITIONING FOR RULEMAKING › Section 223-3-001 - General information

Current through June 17, 2024
These rules are adopted from model rules of the Attorney
				  General pursuant to
Neb. Rev. Stat.
§
									84-909.01,
				  as practicable under the circumstances and govern the procedures of the
				  Department of Labor for petitioning for rulemaking by the agency.
The Nebraska Department of Labor follows the Model Rules
				  adopted by the Attorney General for regulations and procedures governing
				  rulemaking found at 53 NAC 1 through 53 NAC 5.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 4 - PROCEDURES FOR NEGOTIATED RULEMAKING › Section 223-4-001 - Application of these Rules

Current through June 17, 2024
These rules are adopted from model rules of the Attorney
				  General pursuant to
Neb. Rev. Stat.
§
									84-909.01
				  and apply to all petitions for negotiated rulemaking before the Department of
				  Labor.
The Nebraska Department of Labor follows the Model Rules
				  adopted by the Attorney General for regulations and procedures governing
				  negotiated rulemaking found at 53 NAC 1 through 53 NAC 5.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 223 - DEPARTMENT OF LABOR › Chapter 5 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS ON CONTESTED CASES › Section 223-5-001 - General

Current through June 17, 2024
A. Application of Model Rules. These
				regulations are adopted from mode! rules of the Attorney General promulgated
				pursuant to
Neb. Rev. Stat
§§
									84-913
				and
				84-909.01,
				as practicable under the circumstances, and apply to all contested cases before
				the Department of Labor except to the extent that statutes or regulations
				require a different procedure or standard in particular cases. These
				regulations shall not create a right of appeal or right to contest an agency
				action which is not specifically authorized by statute or these regulations.
				These regulations do not apply to any appeals relating to unemployment
				insurance benefits determinations which may be brought pursuant to 224 NAC 1.
				These regulations do not apply to any appeals relating to unemployment
				insurance combined tax determinations which may be brought pursuant to 223 NAC
				1. These regulations apply to contested cases before the Department.
B. The Nebraska Department of Labor follows
				the Model Rules adopted by the Attorney General for regulations and procedures
				governing hearings on contested cases found at 53 NAC 1 through 53 NAC
				5.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-001

Current through June 17, 2024
This chapter is adopted pursuant to
Neb. Rev.
				  Stat.
§§
									48-607,
				  48-634
				  and
				  48-635.
				  It governs the procedures to be followed regarding appeals from disputed
				  unemployment benefit claims as set out in the Nebraska Employment Security Law
				  (Neb. Rev. Stat. §
									48-601,
				  et seq.). Because the overwhelming number of these hearings involve
				  unrepresented, unemployed parties who cannot afford legal counsel, these rules
				  do not incorporate the more formalized rules of procedure for administrative
				  hearings adopted by the Attorney General in accordance with
Neb. Rev.
				  Stat.
§
									84-909.01.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-002

Current through June 17, 2024
Hearings shall be conducted before an appeal tribunal
				  consisting of a single hearing officer. The hearing officers of the Nebraska
				  Department of Labor and their staff shall be collectively referred to as the
				  Nebraska Appeal Tribunal.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-003

Current through June 17, 2024
A. Anyone who receives a determination issued
				by the Department may file an appeal with the Department, or the employment
				security office of another state in the case of combined wage or interstate
				claims, by (1) completing a request in a form and manner designated by the
				commissioner or (2) submitting a letter expressing intent to appeal. The
				appealing party shall identify the particular determination to be appealed and
				shall state the reason(s) for the appeal. The appeal filed by the claimant or
				the employer must specifically state reasons for the appeal of a finding an
				overpayment of unemployment benefits to a claimant or the charging of benefits
				to an employer's experience account. Failure to state a basis for appeal of the
				overpayment or charging determination shall act as a waiver of the right to
				appeal that issue. The appeal must be received by electronic filing or
				delivered to the address listed on the Determination.
B. Except when filed electronically, the
				appeal must be received by the close of business within twenty calendar days of
				the date set forth in the "Date Mailed" portion of the determination to be
				considered timely. When filed electronically, an appeal received by the Appeal
				Tribunal before twelve o'clock midnight, as determined by the Department's
				computer server receiving the appeal, shall be deemed timely filed. The day of
				mailing of the Determination shall not be included in the calendar days.
				Timeliness of an appeal will be determined by the date the appeal is received
				by the Appeal Tribunal.
C. The
				Appeal Tribunal may hear an appeal received outside the twenty day appeal
				period only for good cause shown.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-007

Current through June 17, 2024
Ex parte communications shall be strictly limited to
				  procedural matters not involving the factual basis of any claim. Transfer of
				  agency documents to the Appeal Tribunal and the submission of proposed exhibits
				  to be offered into evidence at a hearing conducted by telephone conference call
				  shall not be considered ex parte communication.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-008

Current through June 17, 2024
A. A party may request that the Appeal
				Tribunal issue a subpoena to compel the attendance of a witness or the
				production of documents. Subpoenas should be submitted at least five days prior
				to the date the hearing is scheduled. A request to compel the attendance of a
				witness shall identify the appeal docket number, the witness to be subpoenaed
				with an address where the witness may be served, and why the presence of the
				witness is necessary for the presentation of the case.
B. A subpoena request for the production of
				documents shall identify the appeal docket number, the documents to be
				subpoenaed, the person to whom the subpoena should be sent, and why the
				production of the documents is necessary for the presentation of the
				case.
C. The Appeal Tribunal also
				may issue subpoenas on its own motion. The Appeal Tribunal, in its discretion,
				may limit the number of witnesses and documents subpoenaed in order to
				eliminate incompetent, irrelevant, immaterial, or repetitious
				testimony.
D. A copy of the
				subpoena issued shall be provided to the requesting party.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-009

Current through June 17, 2024
A witness subpoenaed to appear at a hearing shall be paid
				  witness fees upon request. The witness shall receive eight dollars for each
				  day. A request for witness fees must be made on a form furnished to the witness
				  at the time the subpoena was received. If the witness is required to travel for
				  an in-person hearing, the witness shall be compensated at the rate of $ 0.485
				  per mile for each mile actually and necessarily traveled.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-010

Current through June 17, 2024
A. When an appeal is docketed, the agency
				shall transmit to the Appeal Tribunal a Hearing File that contains records of
				the agency relevant to the issue appealed, including (1) a copy of the
				determination appealed and any redetermination issued after the filing of the
				appeal; (2) claim notes and fact-finding documents related to the determination
				appealed (3) documents considered by the agency when making the determination
				appealed, including questionnaires, written statements, or other documents
				submitted by the claimant or the employer to agency; (4) any other
				determination issued by the agency that is relevant to the issue appealed; and
				(5) the appeal statement.
B. The
				Appeal Tribunal shall make the Hearing File available to any party at least two
				business days before the hearing. The Notice of Hearing shall provide the
				parties with instructions on how to access the Hearing File.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-012

Current through June 17, 2024
Hearings shall be scheduled and heard as quickly as possible.
				  Parties to the appeal shall be notified of the date and time of the hearing. A
				  Notice of Hearing shall be provided at least seven days prior to the date of
				  the hearing. The Appeal Tribunal will conduct hearings by telephone or virtual
				  conference. The Appeal Tribunal may, at its sole discretion, provide that
				  hearings be conducted in person.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-013

Current through June 17, 2024
A Request for Continuance shall be made to the Appeal
				  Tribunal. Continuances may be allowed for good cause and at the sole discretion
				  of the supervising hearing officer or the hearing officer assigned to the
				  case.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-014

Current through June 17, 2024
The appealing party shall present its evidence first as to
				  why it believes the determination appealed from was incorrect and provide any
				  legal authority for the relief requested by the appealing party. If an
				  appealing party fails to appear for the scheduled hearing pursuant to the
				  instructions contained within the Notice of Hearing, the Appeal Tribunal may
				  dismiss the appeal. If any of the responding parties fails to appear, the
				  Appeal Tribunal will proceed with the hearing and render a decision based on
				  evidence received from the appealing party. The granting of a Request to Reopen
				  or Request for Reconsideration shall be within the sound discretion of the
				  supervising hearing officer or the hearing officer assigned to the
				  case.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-016

Current through June 17, 2024
It shall be the duty of the Appeal Tribunal to reach an
				  independent conclusion regarding the facts of any case. The Appeal Tribunal
				  shall follow Nebraska Statutes, federal statutes, the decisions of Courts of
				  superior jurisdictions, previous Appeal Tribunal decisions, unless specifically
				  overruled, as well as applicable Department rules and regulations and
				  Unemployment Insurance Program Letters published by the United States
				  Department of Labor regarding the eligibility, payment and recovery of
				  overpayments of unemployment benefits. The Appeal Tribunal shall not have
				  jurisdiction to determine the validity or constitutionality of any Department
				  regulation or Nebraska Statute.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-017

Current through June 17, 2024
A. A decision shall be issued within thirty
				days following the completion of the hearing of an appeal. The decision shall
				contain the findings of fact and the opinion of the Appeal Tribunal. The
				decision shall affirm, reverse, or modify the determination appealed. For good
				cause shown, the Appeal Tribunal may remand the case to the Department. The
				decision shall be promptly sent to each of the parties via US Mail or
				electronic means.
B. If a decision
				has not been issued and mailed to the parties within thirty days following the
				completion of a hearing, any party may request the Commissioner to investigate
				the reasons for the delay.
C. The
				commissioner may appoint a different hearing officer to complete the appeal in
				the event that a decision is not issued within forty-five days following the
				completion of the hearing on the appeal.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-019

Current through June 17, 2024
A. Copies of all Appeal Tribunal decisions
				shall be kept on file for a period of four years from the date the decision
				becomes final and available on request at the Tribunal's discretion. With the
				exception of the last names of claimants, all other identifying references to
				interested parties, to the extent possible, may be expunged from such
				copies.
B. Decisions published in a
				case digest may be made available to persons other than the parties to the
				appeal, if the first name of the claimant and his or her social security number
				are expunged or redacted from the copy made available to the public. With the
				exception of the last names of claimants, all other identifying references to
				interested parties, to the extent possible, may be expunged or redacted at the
				Appeal Tribunal's discretion.
C.
				Appeals records and decisions rendered under the Employment Security Law and
				designated as precedential decisions by the commissioner on the coverage of
				employers, employment, wages, and benefit eligibility may be published in a
				case digest or precedent manual, or otherwise made available to persons other
				than the parties to the appeal, if all social security numbers have been
				removed and such disclosure is otherwise consistent with federal and state law.
				The supervising hearing officer or the Department's General Counsel may
				recommend a decision to the commissioner for designation as a precedent
				decision. If a case is recommended for designation as a precedent decision, the
				commissioner shall seek comment on such designation from both the supervising
				hearing officer and the Department's General Counsel. The commissioner's
				decision as to whether or not to designate a decision as a precedent decision
				shall be final and not subject to further review or appeal.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-021

Current through June 17, 2024
Parties may request that an order or decision of the Appeal
				  Tribunal be reconsidered. Claimants and employers have ten days from the date a
				  decision or order was mailed to the parties to file a request for
				  reconsideration. The granting of a request for reconsideration shall be within
				  the sound discretion of the supervising hearing officer or the hearing officer
				  assigned to the case. The Appeal Tribunal may consider a request for
				  reconsideration from an employer or the claimant received outside the ten day
				  period only for good cause shown.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 224 - DEPARTMENT OF LABOR › Chapter 1 - APPEALS PROCEDURE › Section 224-1-022

Current through June 17, 2024
A Bill of Exceptions will be prepared for inclusion in the
				  agency record filed with the district court in any case upon certification from
				  any party to the appeal hearing that the case is being or has been appealed to
				  district court. If a party requests a Bill of Exceptions but does not file an
				  appeal in district court, the party requesting the preparation of the Bill of
				  Exceptions shall be responsible for the cost of preparing the Bill of
				  Exceptions.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-001

Current through June 17, 2024
This chapter is adopted pursuant to
Neb, Rev.
				  Stat.
§§
									48-607,
				  48-627,
				  48-628
				  and
				  48-628.05.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-002

Current through June 17, 2024
Any claimant may request approval to receive benefits while
				  attending school for training purposes. He or she shall make a written
				  application on a form prescribed by the Commissioner. The claimant's
				  application for approval of training shall be submitted to Nebraska Department
				  of Labor, or an equivalent office in another state.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-003

Current through June 17, 2024
A. The Commissioner shall approve a training
				program for a claimant if:
1. The claimant
				was involuntarily separated from employment as the result of a permanent
				reduction of operations at the claimant's place of employment or is unemployed
				as the result of a separation from a declining occupation and:
a. The training sought is training which is
				preparing the individual for entry into a high-demand occupation;
b. The claimant enrolls in training no later
				than the end of the benefit year established with respect to the separation
				that makes the individual eligible for the training benefit;
c. The claimant is not receiving similar
				stipends or other training allowances for nontraining costs. Similar stipend
				means an amount provided under a program with similar aims, such as providing
				training to increase employability, and in approximately the same amounts; and
d, The qualifying separation is from employment during the
				  most recently completed five calendar quarters prior to the filing of the claim
				  for benefits or from an employer during the quarter in which the original claim
				  is filed; or
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-004

Current through June 17, 2024
No training program for affected workers administered by the
				  Department of Labor under 20 CFR Part 617 shall be approved if the training
				  program cannot be completed within one hundred four weeks of the date the
				  training is commenced. 20 CFR Part 617 is available for viewing at the Nebraska
				  Department of Labor, 550 South 16th Street, Lincoln, Nebraska
				  68508.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-005

Current through June 17, 2024
A. Except when approval is required under
				sections 003(A)(2) and 004 above or federal statute or regulation, the
				Commissioner shall only approve training programs under the following
				conditions:
1. Reasonable employment
				opportunities for which the claimant is qualified and can earn a living wage do
				not exist or have been substantially diminished making a change in occupation
				necessary for reemployment;
2. The
				claimant must have the required qualifications or aptitudes to successfully
				complete the training program. Basic education programs which are a
				prerequisite for skilled training or other short term, vocationally directed
				academic courses may be approved;
3. The training program must consist of a
				practical curriculum for development of vocational, rather than avocational,
				skills;
4. The written description
				of the course of instruction relates to an occupation or skill for which there
				are, or are expected to be in the immediate future, reasonable employment
				opportunities in any labor market area of this state in which the individual
				intends to seek work; and
5. The
				training program has been planned and scheduled so as to lead to the earliest
				feasible completion and readiness for reemployment.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-006

Current through June 17, 2024
A. A claimant whose training program has been
				approved shall, as of the date of the Commissioners approval, not be required
				to make an active search for work during actual participation in the training
				program.
B. A break in training of
				thirty or more days requires an active work search for continued eligibility
				for regular state, extended state or federally funded unemployment benefits
				other than additional training benefits payable pursuant to
Neb. Rev.
				Stat.
§
									48-628.05.
C. A claimant enrolled in approved training
				and receiving benefits pursuant to
Neb. Rev. Stat.
§
									48-628.05,
				shall be ineligible to receive additional training payments during the period
				of any break in training of thirty or more days. The claimant receiving
				additional training payments is not subject to work search requirements as
				required by regular or extended benefit compensation programs.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-007

Current through June 17, 2024
The Commissioner may disqualify a claimant's approved
				  training program if the claimant does not regularly attend the classes of the
				  program or receives notice of unsatisfactory progress from the training
				  institution.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-008

Current through June 17, 2024
A claimant enrolled in an approved training program shall
				  promptly notify his or her regular claims office in writing if he or she
				  discontinues regular attendance of the training program or receives notice of
				  unsatisfactory progress from the training institution.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 225 - DEPARTMENT OF LABOR › Chapter 1 - APPROVAL OF TRAINING PROGRAMS › Section 225-1-009

Current through June 17, 2024
At the time a course of training is approved, the training
				  institution shall be notified by electronic mail or regular mail of the
				  claimant's status under this chapter. This notification shall direct the
				  training institution to promptly notify the claimant's regular claims reporting
				  office in writing if the claimant's attendance or progress becomes
				  unsatisfactory.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 226 - DEPARTMENT OF LABOR › Chapter 1 - DISCONTINUATION OF SERVICES TO EMPLOYERS › Section 226-1-002

Current through June 17, 2024
The Nebraska Department of Labor (Department) provides
				  placement and other services to all employers within the State. There may be
				  instances when a discontinuation of services to a particular employer is
				  warranted. it is recognized that employers have an interest in such services
				  and that termination of the services should occur only if the process, as
				  outlined in 20 CFR 658, is followed.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 4 - LICENSING REQUIREMENTS › Section 227-4-002

Current through June 17, 2024
To be eligible for a license, an applicant therefore
				  must:
A. Be of good character,
				competence and reliability;
B. Be a
				person who has not, within the preceding three years, had a Nebraska farm labor
				contractor's license application denied;
C. Be a person who has not, within the
				preceding three years, in Nebraska or in any other jurisdiction, had a farm
				labor contractor's license, permit or certificate denied, revoked or
				suspended;
D. Not have persons
				financially interested in any capacity in the applicant's business as a farm
				labor contractor who were denied a Nebraska farm labor contractor's license,
				permit or certificate within the preceding three years or who had such license
				denied, revoked, or suspended within the preceding three years in Nebraska or
				any other jurisdiction. A refusal to renew a license, permit or certificate
				because the applicant therefore or any person financially interested in the
				applicant's business as a farm labor contractor has been denied a license,
				permit or certificate or had a license, permit or certificate revoked in
				Nebraska or any other jurisdiction within the preceding three years, is
				considered the same as the revocation of the license, permit or certificate on
				the date of its expiration;
E. Not
				have any unsatisfied final judgments of the court or final orders issued by any
				government agency which require the payment of unpaid wages to employees; or
				the payment of any advances made to the contractor by farmers or owners or
				lessees of land intended to be used for the production of crops;
F.
1. Prior
				to January 1,2017 pay a fee of seven hundred and fifty dollars ($ 750.00);
2. On or after January 1, 2017 pay
				a fee of two hundred and fifty dollars ($ 250.00);
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 5 - CHARACTER, COMPETENCE AND RELIABILITY › Section 227-5-002

Current through June 17, 2024
The character, competence and reliability contemplated by
				  these rules includes, but is not limited to, consideration of:
A. A person's record of conduct in relations
				with workers, farmers and others with whom the person conducts
				business;
B. A person's reliability
				in adhering to the terms and conditions of any contract or agreement between
				the person and those with whom the person conducts business;
C. A person's timeliness in paying all and
				uncontroverted debts owed including advances and wages;
D. Whether a person has unsatisfied judgments
				or felony convictions.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 7 - PROCEDURE FOR OBTAINING A DUPLICATE LICENSE › Section 227-7-002

Current through June 17, 2024
In the event a license is lost or stolen, the licensee shall
				  submit a written request for a duplicate license. The licensee shall state the
				  reasons for the request and the circumstances of the loss or theft. The new
				  license will indicate the word "DUPLICATE" on the license above the number. The
				  written request shall be made to the Department.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 10 - AMOUNT OF BOND OR DEPOSIT TO BE FILED › Section 227-10-002

Current through June 17, 2024
The amount of the bond or deposit is $5, 000.00, unless a
				  greater amount is required by the Commissioner. The bond and any financial
				  instrument accompanying the trust agreement shall be in the principal sum of
				  $5, 000.00 only (or greater amount if required by the Commissioner). The amount
				  of the bond or deposit must be continually maintained as long as the contractor
				  is required to be licensed. Should no claim against the bond or deposit be made
				  six (6) months from the date of expiration of the license, the Commissioner
				  shall terminate and/or surrender the bond or financial instrument accompanying
				  the trust agreement to the person entitled thereto.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 10 - AMOUNT OF BOND OR DEPOSIT TO BE FILED › Section 227-10-003

Current through June 17, 2024
When an applicant for a license has been required to satisfy
				  a court-ordered judgement or a final order issued by a governmental agency, the
				  Commissioner or the Commissioner's designee may require the applicant to
				  provide a bond or deposit of in excess of $5, 000.00, as a condition of
				  licensure. In such case, the Commissioner or Commissioner's designee will
				  determine the actual amount of the bond or deposit by considering the following
				  factors;
A. The amount of the
				judgement or order that was satisfied;
B. The magnitude and seriousness of the
				violation or violations which lead to the judgement or order;
C. The past history of the applicant in
				taking all necessary measures to prevent or correct violations of statutes or
				rules;
D. Prior violations, if any,
				of statutes or rules.
E. The
				average payroll of the contractor.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 12 - LICENSE PROTESTS › Section 227-12-003

Current through June 17, 2024
The written protest must contain the following
				  information:
A. Name, address and
				phone number of the individual filing the protest;
B. Date of the protest;
C. Name of licensee or license applicant
				against whom the protest is being made;
D. A complete statement of the facts,
				circumstances and other reasons for the protest. The statement should include
				alleged violations, approximate dates of alleged violations, names of
				witnesses, if any, and any documents which support the allegations;
E. The signature of the individual making the
				protest.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 14 - RECORDS › Section 227-14-002

Current through June 17, 2024
All farm labor contractors shall make and maintain for a
				  period of three (3) years records necessary to determine their compliance with
				  these rules. Upon written notification of an investigation, a farm labor
				  contractor shall preserve all records required by these rules until such time a
				  final disposition of the investigation is rendered by the
				  Division.