reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 1 - DEFINITIONS › Section 139-1-002 - Employee, "Employer", "Employ", "Commission", and Person

Current through June 17, 2024
As used herein, the terms "Employee", "Employer", "Employ",
				  "Commission", and "Person" shall have the same meaning as set forth in section
				  48-1220
				  of the Act, as amended.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 1 - DEFINITIONS › Section 139-1-003 - Discriminatory Unequal Pay Practice

Current through June 17, 2024
As used herein, the term "Discriminatory Unequal Pay
				  Practice" shall mean the acts, conduct and matters defined as constituting
				  prohibited acts by section
				  48-1221.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 1 - DEFINITIONS › Section 139-1-004 - Charge

Current through June 17, 2024
The term "Charge" shall mean a written statement under oath,
				  filed with the Commission by a complainant, setting forth the time, place and
				  facts of an alleged discriminatory unequal pay practice.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 1 - DEFINITIONS › Section 139-1-005 - Wage Rate

Current through June 17, 2024
"Wage Rate", as used herein, shall mean all compensation for
				  employment, including payment in kind and also including medical, hospital,
				  accident, life insurance and retirement benefits; profit-sharing and bonus
				  plans; leave; and other terms, conditions and privileges of
				  employment.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 1 - DEFINITIONS › Section 139-1-006 - Executive Director

Current through June 17, 2024
The term "Executive Director" shall mean
an employee
				  of the Commission
, selected by and serving at the will of the
				  Commission as Executive Director, who shall have such duties, powers and
				  authority as may be conferred upon her or him by the Commission, subject to the
				  provisions of the Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 1 - DEFINITIONS › Section 139-1-009 - Party or Parties

Current through June 17, 2024
The term "Party" or "Parties" shall mean either the
				  complainant or the respondent, or both.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 1 - DEFINITIONS › Section 139-1-010 - Chairman

Current through June 17, 2024
The term "Chairman" shall mean the Chairperson of the
				  Nebraska Equal Opportunity Commission; and the term "Commissioner" shall mean
				  any member, including the Chairman, of the Nebraska Equal Opportunity
				  Commission. The Chairman or a majority of the Commission may designate any
				  member of the Commission to serve, in the absence of the Chairman, as Acting
				  Chairman; and in the absence of the Chairman, the Acting Chairman shall have
				  all the duties, powers and authority conferred upon the Chairman by the Act and
				  by these Rules and Regulations.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 2 - PROCEDURE › Section 139-2-001 - Filing, Amending and Withdrawal of Charge

Current through June 17, 2024
001.01 Any person who claims to have been
				injured by a discriminatory unequal pay practice may file a charge with the
				Commission. The charge shall be in writing and under oath of the
				complainant.
001.02 A charge shall
				be filed with the Commission. The charge shall be signed by the complainant
				under oath or affirmation before a notary public or other person duly
				authorized by law to administer oaths and affirmations. The charge may be filed
				on forms provided by the Commission, blank copies of which will be supplied by
				the Commission upon request and will be available at the offices of the
				Commission. Notarial service will be without charge by the
				Commission.
001.03 A charge shall
				contain the following:
001.03A The full name,
				address and telephone number, if any, of the person making the
				charge.
001.03B The full name,
				address and telephone number, if known, of the respondent.
001.03C A
plain and concise
statement of the facts alleged to constitute a discriminatory unequal pay
				practice or practices.
001.03D The
				date and place in the State of Nebraska where the alleged discriminatory
				unequal pay practice was committed.
001.03E A statement as to any other action
				instituted by or on behalf of the complainant in any other forum, based on the
				same facts as alleged in the charge, together with a statement as to the status
				or disposition of such other action.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 2 - PROCEDURE › Section 139-2-002 - Action Upon Charge

Current through June 17, 2024
002.01 Each charge shall be docketed and
				given a case number, and a copy of said charge shall promptly be served by the
				Commission on the respondent in person or by registered or certified
				mail.
002.02 The Commission shall
				institute an investigation by its employees to ascertain all of the facts
				relating to the alleged discriminatory unequal pay practice or practices set
				forth in the charge. The staff shall initially solicit information from all
				parties and utilize interrogatories, depositions, or subpoenas to facilitate a
				prompt investigation. Interrogatories shall be answered within fifteen (15)
				days of receipt and the person to whom the interrogatories are directed shall
				be so informed. The Commission's staff may enter the place of employment of any
				employer to inspect and copy payrolls and other employment records, to compare
				character of work and operations of employees and question such
				employees.
002.03 The Report of the
				investigation shall be presented to the Commission by the Executive Director.
				The Commission shall dismiss the charge (i) if it is determined that there is
				not sufficient evidence to sustain a finding of reasonable cause to believe
				that the discriminatory unequal pay practice was committed; or (ii) if the
				matter is adjusted and settled during the investigation; or (iii) if it is
				determined that the Commission does not have jurisdiction over the matter; or
				(iv) if the complainant fails to cooperate fully in the investigation of a
				charge.
No Commission employee during the investigation of a charge
				  shall propose terms of settlement and adjustment to the respondent's attorney
				  or to the respondent; but, at the request of the respondent's attorney or the
				  respondent, may advise the respondent of possible terms of settlement and
				  adjustment, and shall communicate to the complainant and to the Commission any
				  terms of settlement and adjustment proposed by the respondent. Any terms of
				  settlement arrived at during the investigation shall be submitted to the
				  Commission and the charge shall be dismissed, and the case closed as having
				  been adjusted and settled during the investigation.
The Commission shall notify all parties of any dismissal of a
				  charge by registered or certified mail, which notification shall specify the
				  reason or reasons for dismissal.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 3 - SUBPOENAS; ATTENDANCE; FEES; OATHS AND AFFIRMATIONS › Section 139-3-001 - Subpoenas

Current through June 17, 2024
001.01 Whenever in the discretion of the
				Commission it is deemed necessary to compel the attendance of witnesses or the
				production for examination of any books and papers relating to any matter under
				investigation or in question before the Commission, the Commission may issue a
				subpoena and thereby compel such attendance of witnesses or production for
				examination of books and papers.
001.02 The Commission shall issue such
				subpoena at the instance of any party to a proceeding upon a showing of
				necessity therefore.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 3 - SUBPOENAS; ATTENDANCE; FEES; OATHS AND AFFIRMATIONS › Section 139-3-002

Current through June 17, 2024
Where a subpoena is applied for and issued at the instance
				  of any party to a complaint or other proceeding, the cost of service, witness
				  and mileage fees shall be borne by the party at whose instance it has been
				  requested and issued unless otherwise ordered by the Commission. Where a
				  subpoena is issued at the instance of the Commission or any member thereof, the
				  cost of such service, witness and mileage fees shall be borne by the
				  Commission. Such witness and mileage fees shall be made in an amount allowed
				  under the rules governing such payment by the district courts of the State of
				  Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 3 - SUBPOENAS; ATTENDANCE; FEES; OATHS AND AFFIRMATIONS › Section 139-3-003 - Petition to Revoke Subpoena

Current through June 17, 2024
003.01 Within five (5) days (excluding
				Saturdays, Sundays and official State holidays) after the service of a subpoena
				on any person, including the Chairman or any Commissioner, requiring the
				attendance of said person as a witness at an investigation, or requiring the
				production of any, evidence in her or his possession or under her or his
				control, such person may petition the Commission in writing, personally or by
				registered or certified mail, to revoke the subpoena. The Commission shall
				revoke such subpoena if, in its opinion, the attendance of the person
				subpoenaed or the evidence, the production of which is required does not relate
				to any matter under investigation or to any matter in question in such
				proceedings before the Commission, or if in its opinion, such subpoena does not
				describe with sufficient particularity the reasons requiring the attendance of
				a person as a witness, or the evidence, the production of which is required. If
				the Chairman or any Commissioner has been served with a subpoena, then the
				Chairman or Commissioner so served shall not participate in the decision of the
				Commission with respect to such petition.
003.02 If a petition to revoke a subpoena is
				properly served, the person on whom the subpoena has been served shall not be
				required to respond to such subpoena until the Commission has acted upon the
				petition.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 3 - SUBPOENAS; ATTENDANCE; FEES; OATHS AND AFFIRMATIONS › Section 139-3-004

Current through June 17, 2024
On the failure of any person to obey a subpoena issued by
				  the Commission, the Commission shall make application to the district court of
				  the county in which the witness resides or transacts business or is found, for
				  an order from the court for such person to show cause why she or he shall not
				  be held in contempt of court except as provided in 3.003.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 3 - SUBPOENAS; ATTENDANCE; FEES; OATHS AND AFFIRMATIONS › Section 139-3-005

Current through June 17, 2024
Any Commissioner participating in an investigation may
				  administer oaths or affirmations.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 4 - SERVICE › Section 139-4-001 - Manner of Service

Current through June 17, 2024
Complaints, orders and other process and proper papers may
				  be served personally or by registered or certified mail, unless otherwise
				  allowed by the Act and by these Rules and Regulations, in which event, service
				  may be made by ordinary first-class mail, postage prepaid.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 4 - SERVICE › Section 139-4-002 - Proof of Service

Current through June 17, 2024
Proof of service, where required by the Act, or by these
				  Rules and Regulations, shall consist of either the verified return of the
				  individual who made service, which return shall set forth the manner of such
				  service or the return receipt from service by certified or registered
				  mail.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 4 - SERVICE › Section 139-4-003 - Service on Parties' Attorneys

Current through June 17, 2024
The attorney representing any party in any proceedings under
				  the Act shall file her or his appearance with the Commission, and thereafter
				  all notices, orders and other documents served by
the
Commission shall be served upon said attorney instead of upon the party she or
				  he represents, until said attorney or said party notifies the Commission in
				  writing that said attorney no longer represents or is authorized to represent
				  said party.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 5 - CONSTRUCTION OF RULES AND REGULATIONS

Current through June 17, 2024
These Rules and Regulations shall be construed to effectuate
				the purpose of Act, and the public policy of the State of Nebraska as expressed
				in the the provisions of the Act, and shall not be construed or applied in a
				manner inconsistent with the Act,
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 7 - ADOPTION, AMENDMENT AND RECISION › Section 139-7-001 - Effective Date

Current through June 17, 2024
These rules and Regulations shall become effective five (5)
				  days after the filing of a certified copy thereof with the Revisor of
				  Regulations of the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 7 - ADOPTION, AMENDMENT AND RECISION › Section 139-7-002 - Adoption, Amendment and Recision

Current through June 17, 2024
The Commission may adopt, amend or rescind any Rule or
				  Regulation not inconsistent with the provisions of the Act at a regular or
				  special meeting of the Commission, provided that at least a quorum of the
				  Commission is present at such meeting and that written notice of the proposed
				  adoption, amendment or recision has been given to all members of the Commission
				  at least five (5) days before the meeting at which such action is to be taken
				  and provided further that the Nebraska Rules of Administrative Agencies
				  sections
				  84-901
				  to
				  84-910
				  have been satisfied. Any Rule or Regulation so adopted, amended or rescinded
				  shall become effective five (5) days after filing of a certified copy thereof
				  with the Revisor of Regulations of the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 7 - ADOPTION, AMENDMENT AND RECISION › Section 139-7-003 - Rules; Petition for Promulgation, Amendment or Repeal

Current through June 17, 2024
Any interested person may petition the Commission requesting
				  the promulgation, amendment or repeal of any rule. Such petitions shall be in
				  writing and signed by the petitioner or petitioners and shall clearly state the
				  rule or amendment desired, if such be the case. The petition shall further
				  state the grounds urged in support of the requested promulgation, amendment or
				  repeal. If, in the judgment of the Commission, it should appear that the
				  requested rule, amendment or repeal would serve no useful or beneficial
				  purpose, the Commission may reject the same, with or without having first
				  afforded the petitioner a hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 8 - DECLARATION OF VALIDITY

Current through June 17, 2024
If any article of this Act or any part of any section shall be
				declared invalid or unconstitutional, such declaration of invalidity shall not
				affect the validity of the remaining portions thereof.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - Definitions and General Provisions for Fair Housing Act Complaint Proceedings › Section 140-1-001 - Scope and Definitions Incorporated

Current through June 17, 2024
These definitions and other provisions of this Chapter shall
				  apply to all chapters of Title 140 relating to the Fair Housing Act. The
				  definitions found in Neb. Rev. Stat. §§
									20-304
				  to
				  20-317,
				  20-319(6),
				  20-320(2),
				  20-322(4)
				  (b),
				  20-327
				  and
				  20-333
				  are incorporated by this reference into all chapters of this
				  Title.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - Definitions and General Provisions for Fair Housing Act Complaint Proceedings › Section 140-1-003 - Constitutionality

Current through June 17, 2024
If any section or any part of any section of 140 NAC 1
				  through 140 NAC 4 is declared invalid or unconstitutional, such declaration of
				  invalidity shall not affect the validity of the remaining portions
				  thereof.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 2 - Handling of Complaints under the Fair Housing Act › Section 140-2-001 - Who May File A Complaint

Current through June 17, 2024
Any person who claims to have been aggrieved personally by an
				  unlawful act may file a complaint with the Commission. Said complaint may be
				  filed by the aggrieved party, or a complaint may be filed by a legal guardian
				  or an individual with a power of attorney on behalf of another person who
				  claims to be personally aggrieved by an unlawful act. The Commission may
				  investigate housing practices to determine whether a complaint should be filed
				  and may file a complaint on its own initiative.
Neb. Rev. Stat. §§
											20-326,
					 20-314
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 2 - Handling of Complaints under the Fair Housing Act › Section 140-2-002 - Form and Information

Current through June 17, 2024
002.01 Form
A complaint is filed when it is received by the Commission,
				  is in writing or reduced to writing, and reasonably contains the information
				  set forth in 002.02. The complaint must also be signed and notarized. Notary
				  service will be provided without charge by the Commission.
002.02 Contents
Information to be included in the form shall include, but
				  not be limited to:
002.02A The full
				name and address of the person making the complaint;
002.02B The full name and address, if known,
				of the respondent.
002.02C A plain
				and concise statement of the facts alleged to constitute an unlawful act or
				acts.
002.02D The date and place in
				the State of Nebraska where the alleged unlawful act was committed.
002.02E The names of any other persons
				aggrieved by the alleged unlawful act who may be additional complainants, such
				as a spouse or family members.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 2 - Handling of Complaints under the Fair Housing Act › Section 140-2-003 - When and Where to File Complaints and Other Documents

Current through June 17, 2024
003.01 Time Limitation for Filing Complaints
The original complaint shall be filed within one (1) year of
				  the alleged discriminatory housing practice has occurred or
				  terminated.
003.02 Filings,
				Where Made
Complaints and other documents are "filed" when received by
				  the Commission. Complaints shall be filed at any office of the Commission as
				  set forth below. Thereafter, whenever filings are required, they shall be made
				  with the Commission addressed or delivered to the Nebraska Equal Opportunity
				  Commission at the office prescribed by the Commission. Filing shall be made by
				  personal delivery, by mail, or by facsimile or other electronic methods
				  authorized by the Commission, and will be received during regular business
				  hours of the Commission. Regular business hours for the Commission are from
				  8:00 a.m. to 5:00 p.m., in the relevant time zone, Monday through Friday,
				  exclusive of state or federal holidays. The Commission offices are located
				  at:
P. O. Box 94934
301 Centennial Mall South, 5th
				  Floor
Lincoln, NE 68509-4934
Panhandle State Office Complex
4500 Avenue I
Scottsbluff, NE 69363-1500
1313 Farnam on-the-Mall
Omaha, NE 68102-1836
Each complaint shall be docketed and given a case
				  number.
003.03 Computation
				of Time for Filings or Submissions
In computing time required or allowed by Title 140, by the
				  Act, or by other applicable statutes in which the time is not specifically
				  provided, days will be computed by excluding the day of the act or event and
				  including the last day of the period. If a filing or submission date falls on a
				  weekend or legal holiday, the date for such filing or submission shall be the
				  next business day.
003.04
				Service on Respondent
The Commission shall, not later than ten (10) days after the
				  filing of a complaint or the identification of an additional respondent, serve
				  on the respondent a notice identifying the alleged discriminatory housing
				  practice and advising such respondent of the procedural rights and obligations
				  of respondents under the act, together with a copy of the original
				  complain
t
.
003.05 Referral of Complaint to Local Agency
Whenever a complaint alleges a discriminatory practice
				  within the jurisdiction of a local agency that has been certified by the
				  Commission to handle claims under the Act, the Commission shall refer the
				  complaint to that agency before taking any action on the
				  complaint.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 2 - Handling of Complaints under the Fair Housing Act › Section 140-2-004 - Amendment of Complaint and Answer

Current through June 17, 2024
004.01 Amendment
A complaint may be reasonably and fairly amended at any time.
				  Reasons for which a complaint may be "reasonably and fairly amended" may
				  include but are not limited to: to cure technical defects or omissions, to
				  clarify allegations made, or to join a newly discovered respondent. An
				  amendment may also allege an additional claim or claims which constitute an
				  unlawful and/or discriminatory housing practice or practices if such claim or
				  claims arose out of the conduct, transaction, or occurrence set forth or
				  attempted to be set forth in the original complaint. Except for purposes of
				  notifying any additional or substitute respondents, all such amendments will
				  relate back to the original filing date. The Commission shall serve a copy of
				  the amended complaint upon the respondent by certified mail or through personal
				  service within ten (10) days of the filing of the amended
				  complaint.
004.02 Answer to
				Complaint or Amended Complaint
The respondent may file with the Commission a written
				  response to the complaint or any amended complaint within ten (10) days after
				  its receipt. Any response shall fairly address each specific allegation
				  contained in the complaint and be signed and sworn to or affirmed. An answer
				  may be reasonably and fairly amended at any time thereafter.
004.03 Failure to Respond
The Commission may begin an investigation regardless of
				  whether a respondent files a response, or a proper or timely response, to a
				  complaint or an amended complaint.
004.04 Withdrawal of Complaint
A complainant may request that a filed complaint be withdrawn
				  by completing a withdrawal form furnished by the Commission. The Commission
				  shall serve a copy of the request for withdrawal on all parties previously
				  notified of the complaint. If withdrawal is made due to a settlement made
				  between the parties without Commission involvement, both parties will be
				  notified that a complainant may re-file a complaint if the terms of the
				  settlement are not satisfied, provided that the statute of limitations has not
				  elapsed.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 2 - Handling of Complaints under the Fair Housing Act › Section 140-2-005 - Service Generally

Current through June 17, 2024
005.01 Manner of Service
Service may be made by first-class mail, postage prepaid
				  unless another form of service is required by the Act or rules and regulations
				  adopted under the Act.
005.02 Proof of Service
When service is made personally or by certified mail, proof
				  of service shall consist of either the verified return of the individual who
				  made service. When service is made by certified mail, proof of service shall
				  consist of the date of receipt as indicated by the United States Postal
				  Service.
005.03 Parties'
				Attorneys
An attorney representing any party in any investigation shall
				  file her or his appearance with the Commission, and thereafter all documents
				  served by the Commission may be served upon said attorney instead of upon the
				  party she or he represents, until said attorney or said party notifies the
				  Commission in writing that said attorney no longer represents, or is authorized
				  to represent, said party.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 2 - Handling of Complaints under the Fair Housing Act › Section 140-2-006 - Conciliation Process

Current through June 17, 2024
006.01 Conciliation Process, Agreement and
				Breach
During the period beginning with the filing of a complaint
				  and ending with the filing of a charge or dismissal of the complaint,
				  Commission staff shall, to the extent feasible, engage in conciliation with
				  respect to the complaint. If it appears that a conciliation conference would be
				  beneficial and the parties agree to participate, a conference will be
				  scheduled. If a representative appears on behalf of a party, that
				  representative shall have full authority to settle the matter. After the filing
				  of a charge, settlement negotiations may be conducted subject to section
				  006.01A and the
				  Rules of Practice, 144 NAC 1-006.07.
Neb.
Rev. Stat. §
											20-327
006.01A If the terms of
				settlement and adjustment agreed to by the parties are approved by the
				Commission, or if said terms are modified by the Commission are agreed to by
				the parties, the Commission shall have the written terms of settlement and
				adjustment prepared as a conciliation agreement and signed by the parties; and
				the Commission shall thereupon enter upon the parties an Order in Accord with
				the executed conciliation agreement.
006.01B After the Commission has entered an
				Order in Accord, it shall dismiss the complaint, but subject to the
				Commission's right to refer the matter for further action to the Attorney
				General and to the right of the complainant to bring an action under
				20-342(1)should the
				terms of the conciliation agreement be violated by the respondent.
006.01C If a complainant withdraws a
				complaint based upon settlement between the parties, made without Commission
				involvement, the Commission will not enter an Order in Accord with said terms
				of settlement and may close the case as having been settled on terms not
				approved by the Commission. When a private settlement agreement is made, an
				alleged breach thereafter is not subject to referral to the Attorney General
				for enforcement.
Neb.
Rev. Stat. §§
											84-909,
				  20-139,
				  20-325(5),
				  20-327,
				  20-329
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 3 - STATE POLICY AND AFFIRMATIVE DUTIES › Section 140-3-001 - State Policy

Current through June 17, 2024
001.01 Anti-Discrimination
It is the policy of the State of Nebraska that there shall be
				  no discrimination in the acquisition, ownership, possession, or enjoyment of
				  housing throughout the State of Nebraska.
001.02 Regulations Available
The Rules and Regulations of the Commission shall be
				  available to the public at any of the offices of the
				  Commission.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 3 - STATE POLICY AND AFFIRMATIVE DUTIES › Section 140-3-002 - Affirmative Duty to Support the Commission

Current through June 17, 2024
All executive departments, state agencies, and independent
				  instrumentalities exercising essential public functions shall administer their
				  programs and activities relating to housing and urban development in a manner
				  that affirmatively furthers the purposes of Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 4 - COMMISSION RECORDS › Section 140-4-001 - Confidentiality of Records under the Fair Housing Act

Current through June 17, 2024
001.01 Conciliation Records
001.01A
Conciliation Agreement.
Each fully executed conciliation agreement made is a public record unless the
				parties otherwise agree and the Commission determines that disclosure is not
				required to further the purposes of the Act.
001.01B
Conciliation
				Proceedings.
Except as provided in
				001.01A:
001.01B1 nothing said or done in the course
				of conciliation may be made public or used as evidence in a subsequent
				proceeding under the Act without the written consent of the persons
				concerned.
001.01B2 all records
				compiled in the course of conciliation are exempt from public
				disclosure.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 4 - COMMISSION RECORDS › Section 140-4-002 - Process for Review of Investigative Records under 20-330(2)

Current through June 17, 2024
002.01 Location of Review
Any review of records by an aggrieved person or respondent
				  under section
				  20-330(2),
				  not otherwise confidential or privileged, shall occur at one of the Commission
				  offices in Lincoln, Omaha, or Scottsbluff.
002.02 Request for Review
An aggrieved person or respondent seeking review shall
				  submit a request for review by delivery, by mail, by facsimile, or
				  electronically. All requests for review shall be:
002.02A made in writing to the Executive
				Director;
002.02B directed to the
				principal office of the Commission;
002.02C include the appropriate NEB case
				number and case name;
002.02D be
				accompanied with a copy of a letter of representation, if the record is to be
				reviewed by counsel for a party; and
002.02E provide the date and Commission
				office for which review is requested.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 140 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 4 - COMMISSION RECORDS › Section 140-4-003 - Review of Public Records

Current through June 17, 2024
Public records shall be made available to the public for
				  examination, free of charge, during regular business hours, at the Commission's
				  principal office in accordance with Public Records Law,
Neb. Rev.
				  Stat
. §
									84-712
				  et seq.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-001 - Act

Current through June 17, 2024
As used herein, the term "Act" shall mean the Nebraska Civil
				  Rights Act of 1969 relating to Public Accommodations.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-002 - Places of Public Accommodation

Current through June 17, 2024
As used herein, the term "Places of Public Accommodation"
				  shall have the same meaning as set forth in section
				  20-133
				  of the Act, as amended.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-003 - Discriminatory Public Accommodations Practice

Current through June 17, 2024
"Discriminatory Public Accommodations Practice" shall mean an
				  act that is unlawful under sections
				  20-134
				  to
				  20-136
				  of this Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-004 - Person

Current through June 17, 2024
"Person" shall include one or more individuals, labor
				  unions, partner-ships, associations, corporations, legal representatives,
				  mutual companies, joint-stock companies, trusts, unincorporated organizations,
				  trustees in bankruptcy, or receivers.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-006 - Chairman

Current through June 17, 2024
The term "Chairman" shall mean the Chairperson of the
				  Nebraska Equal Opportunity Commission; and the term "Commissioner" shall mean
				  any member, including the Chairman, of the Nebraska Equal Opportunity
				  Commission. The Chairman or a majority of the Commission may designate any
				  member of the Commission to serve, in the absence of the Chairman, as Acting
				  Chairman; and in the absence of the Chairman, the Acting Chairman shall have
				  all the duties, powers and authority conferred upon the Chairman by the Act and
				  by these Rules and Regulations.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-007 - Charge

Current through June 17, 2024
The term "Charge" shall mean a written statement under oath,
				  filed with the Commission by any person claiming to be aggrieved, her or his
				  agent, or her or his attorney; setting forth the time, place, and facts of the
				  discriminatory public accommodations practice alleged to have been
				  committed.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-008 - Respondent

Current through June 17, 2024
"Respondent" means a person against whom a charge has been
				  filed, or with respect to whom a complaint has been issued.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-009 - Complainant

Current through June 17, 2024
"Complainant" means any person claimed to have been aggrieved
				  by a discriminatory public accommodations practice.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-010 - Party

Current through June 17, 2024
The term "Party" or "Parties" shall mean either the
				  complainant or the respondent, or both.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-011 - Complaint

Current through June 17, 2024
The term "Complaint" shall mean a written statement under
				  oath or affirmation, issued by the Commission and served upon a respondent
				  pursuant to a charge, after determination by the Commission that there is
				  reasonable cause to support the charge and after failure to settle or adjust
				  any such charge by conciliation.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-012 - Executive Director

Current through June 17, 2024
The term "Executive Director" shall mean an employee of the
				  Commission, selected by and serving at the will of the Commission as Executive
				  Director, who shall have such duties, powers and authority as may be conferred
				  upon her or him by the Commission, subject to the provisions of the
				  Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 1 - DEFINITIONS › Section 141-1-013 - Hearing Examiner

Current through June 17, 2024
The term "Hearing Examiner" shall mean a Commissioner or an
				  attorney duly licensed to practice law in the State of Nebraska and shall be
				  appointed by the Commission, as hereinafter provided to conduct a public
				  hearing upon a complaint of a discriminatory public accommodations
				  practice.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 2 - PROCEDURE › Section 141-2-001 - Filing, Amending and Withdrawal of Complaint

Current through June 17, 2024
001.01 Who May File
Any person who claims to have been injured by a
				  discriminatory public accommodations practice may file a charge with the
				  Commission personally or by her or his agent or attorney. The charge shall be
				  in writing and under oath of the person filing.
001.02 A charge shall be filed with the
				Commission
The charge shall be signed by the complainant or by her or
				  his agent or attorney under oath or affirmation before a notary public or other
				  person duly authorized by law to administer oaths and affirmations. The charge
				  may be filed on forms provided by the Commission, blank copies of which will be
				  supplied by the Commission upon request and will be available at the Commission
				  offices. Notarial service will be without charge by the
				  Commission.
001.03 Contents
A charge shall contain the following:
001.03A The full name, address, and telephone
				number, if any, of the person claiming to be aggrieved.
001.03B The full name, address, and telephone
				number, if known, of the respondent.
001.03C A plain and concise statement of the
				facts alleged to constitute a discriminatory public accommodations practice or
				practices.
001.03D The date and
				place in the State of Nebraska where the alleged discriminatory public
				accommodations practice was committed.
001.03E A statement as to any other action,
				if any, civil or criminal, instituted by or on behalf of the complainant in any
				other forum, based on the same facts as alleged in the charge, together with a
				statement as to the status or disposition of such other action.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 2 - PROCEDURE › Section 141-2-002 - Action Upon Charge

Current through June 17, 2024
002.01 Duties of Commission Staff
Each charge filed by a complainant, or by her or his agent or
				  attorney, shall be docketed and given a case number, and a copy of said charge
				  shall promptly be served by the Commission on the respondent in person or by
				  registered or certified mail.
002.02 The Commission shall institute an
				investigation by its employees to ascertain all of the facts relating to the
				alleged discriminatory public accommodations practice or practices set forth In
				the charge. The staff shall initially solicit information from all parties and
				utilize interrogatories, depositions, or subpoenas to facilitate a prompt
				investigation. Interrogatories shall be answered within fifteen (15) days of
				receipt and the person to whom the interrogatories are directed shall be so
				informed.
002.03 Dismissal
The Report of the investigation shall be presented to the
				  Commission by the Executive Director. The Commission shall dismiss the charge
				  (i) if it is determined that the Commission does not have jurisdiction over the
				  matter; or (ii) if it is determined that there is not reasonable cause to
				  believe that the alleged discriminatory public accommodations practice has been
				  committed; or (iii) if the matter is adjusted and settled during the
				  investigation; or (iv) if the complainant has failed to cooperate fully in the
				  investigation of the charge; or (v) if a complaint has been filed with the
				  County Attorney.
No Commission employee, during the investigation of a charge,
				  shall propose terms of settlement and adjustment to the respondent's attorney
				  or to the respondent; but, at the request of the respondent's attorney or the
				  respondent, may advise the respondent of possible terms of settlement and
				  adjustment, and shall communicate to the complainant and to the Commission any
				  terms of settlement and adjustment proposed by the respondent. Any terms of
				  settlement arrived at during the investigation shall be submitted to the
				  Commission and the charge shall be dismissed, and the case closed as having
				  been adjusted and settled during investigation.
The Commission shall notify all parties of any dismissal of a
				  charge by personal service or registered or certified mail, which notification
				  shall specify the reason or reasons for dismissal.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 2 - PROCEDURE › Section 141-2-004 - Complaint; Notice of Public Hearing; Answer

Current through June 17, 2024
004.01 Issuance and Service of Complaint and
				Notice of Public Hearing
In case of a determination by the Commission of failure to
				  settle or adjust a charge by conciliation or in case of a determination by the
				  Commission that the respondent has violated or is violating the terms of
				  settlement and adjustment reached in a conciliation conference and the Order
				  entered pursuant thereto, the Commission shall promptly issue and serve upon
				  the respondent, by personal service, or by registered or certified mail, a
				  written complaint, under oath or affirmation, together with a notice of public
				  hearing. A copy of such written complaint and notice of public hearing shall at
				  the same time and in the same manner be served upon all other
				  parties.
004.02 Contents of
				Complaint
The complaint shall be signed by any member of the
				  Commission or by the Executive Director, and shall also be signed by the
				  complainant, her or his agent, or her or his attorney, under oath or
				  affirmation, and shall contain:
004.02A An allegation that the charge of an
				alleged discriminatory public accommodations practice or practices was timely
				filed with the Commission and properly served upon the respondent.
004.02B An allegation that the respondent
				committed a discriminatory public accommodations practice or practices,
				substantially as alleged in the charge filed with the Commission.
004.02C A statement of the relief sought on
				behalf of the complainant.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 3 - PUBLIC HEARINGS › Section 141-3-001 - Public Hearings and Consolidation of Proceedings

Current through June 17, 2024
001.01 A hearing conducted by a Hearing
				Examiner hereunder shall be open to the public.
001.02 Two or more proceedings against the
				same respondent arising out of the same set of circumstances, or two or more
				proceedings by the same complainant against two or more respondents arising out
				of the same set of circumstances, may be consolidated by the Commission, in its
				discretion, for the purposes of public hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 141 - THE NEBRASKA EQUAL OPPORTUNITY COMMISSION NEBRASKA CIVIL RIGHTS ACT OF 1969 PUBLIC ACCOMMODATIONS › Chapter 3 - PUBLIC HEARINGS › Section 141-3-002 - Conduct of Hearing

Current through June 17, 2024
002.01 The hearing shall be conducted by a
				Hearing Examiner appointed by the Commission.
002.02 No Commissioner or staff member who
				participated in the investigation or in any conciliation conference relating to
				the particular charge shall conduct the public hearing involving said
				charge.