reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 4 - ACCEPTABLE TECHNOLOGIES AND PRACTICES › Section 437-4-001

Current through June 17, 2024
The technology known as Public Key Cryptography is an
				  acceptable technology for use in Nebraska, provided that the digital signature
				  is created consistent with the provisions in NAC, Title 437, Ch. 3.
001.01 Definitions
For purposes of Section 001, and unless the context
				  expressly indicates otherwise:
001.01a
				"Acceptable Certification Authorities" means a certification authority that
				meets the requirements of subsections
				001.06c -
				001.06d of this
				section
001.01b "Approved List of
				Certification Authorities" means the list of Certification Authorities approved
				by the Secretary of State to issue certificates for digital signature
				transactions in Nebraska.
001.01c
				"Asymmetric cryptosystem" means a computer algorithm or series of algorithms
				which utilize two different keys with the following characteristics:
i. one key signs a given message;
ii. one key verifies a given message;
				and,
iii. the keys have the
				property that, knowing one key, it is computationally infeasible to discover
				the other key.
001.01d
				"Certificate" means a computer-based record which:
i. identifies the certification authority
				issuing it;
ii. names or identifies
				its subscriber;
iii. contains the
				subscriber's public key; and
iv. is
				digitally signed by the certification authority issuing or amending it,
				and
v. conforms to widely-used
				standards.
001.01e
				"Certification Authority" means a person or entity that issues a certificate,
				or in the case of certain certification processes, certifies amendments to an
				existing certificate.
001.01f "Key
				pair" means a private key and its corresponding public key in an asymmetric
				cryptosystem. The keys have the property that the public key can verify a
				digital signature that the private key creates.
001.01g "Practice statement" means
				documentation of the practices, procedures and controls employed by a
				Certification Authority.
001.01h
				"Private key" means the key of a key pair used to create a digital
				signature.
001.01i "Proof of
				Identification" means the document or documents presented to a Certification
				Authority to establish the identity of a subscriber.
001.01j "Public key" means the key of a key
				pair used to verify a digital signature.
001.01k "Subscriber" means a person who:
i. is the subject listed in a
				certificate;
ii. accepts the
				certificate; and
iii. holds a
				private key which corresponds to a public key listed in that
				certificate.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 4 - ACCEPTABLE TECHNOLOGIES AND PRACTICES › Section 437-4-002

Current through June 17, 2024
The technology known as "Signature Dynamics" is an acceptable
				  technology for use in Nebraska, provided that the signature is created
				  consistent with the provisions in Section 002.01 - 002.05 of this
				  section.
002.01 Definitions - For the
				purposes of Section 002, and unless the context expressly indicates otherwise:
002.01a "Handwriting Measurements" means the
				metrics of the shapes, speeds and/or other distinguishing features of a
				signature as the person writes it by hand with a pen or stylus on a flat
				surface.
002.01b "Signature Digest"
				is the resulting bit-string produced when a signature is tied to a document
				using Signature Dynamics.
002.01c
				"Expert" means a person with demonstrable skill and knowledge based on training
				and experience who would qualify as an expert pursuant to Neb. Rev. Stat.
				§
										27-702.
002.01d "Signature Dynamics" means measuring
				the way a person writes his or her signature by hand on a flat surface and
				binding the measurements to a message through the use of cryptographic
				techniques.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 4 - ACCEPTABLE TECHNOLOGIES AND PRACTICES › Section 437-4-003

Current through June 17, 2024
Any technology which meets the specific requirements of Laws
				  1998, LB924, sec. 69 for digital signatures is an acceptable technology for use
				  in Nebraska. An entity wishing to have a technology not specified in Chapter 4
				  of this title may apply to the Secretary of State to add that technology to
				  this section as provided in Chapter 5.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 5 - PROVISIONS FOR ADDING NEW TECHNOLOGIES AND PRACTICES › Section 437-5-001

Current through June 17, 2024
Provisions for Adding New Technologies and Practices to the
				  List of Acceptable Technologies and Practices.
001.01 Any person may, by providing a written
				request that includes a full explanation of a proposed technology which meets
				the requirements of Chapter 3 of this Title, apply to the Secretary of State to
				review the technology and practices proposed. If the Secretary of State
				determines that the technology is acceptable for use under the Digital
				Signatures Act, the Secretary of State shall draft proposed regulations to be
				reviewed and adopted as provided in the Administrative Procedures Act which
				would add the proposed technology to the list of acceptable technologies in
				Chapter 4 of this Title.
001.02 The
				Secretary of State has 180 days from the date of the request to review the
				application and either accept or reject it. If the Secretary of State does not
				approve the request within 180 days, the petitioner's request shall be
				considered denied, unless an extension is granted in writing by the Secretary
				of State.
001.02a If the petitioner's proposed
				technology meets the requirements of Chapter 3, the Secretary of State shall
				prepare and submit proposed amendments to reflect the state's acceptance of the
				new technology for use in Nebraska.
001.02b If the proposed technology is
				rejected, the petitioner can appeal the decision through the Administrative
				Procedures Act.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 6 - ELECTRONIC FILING › Section 437-6-001

Current through June 17, 2024
In any communication in which a signature or writing is
				  required or used a state agency or political subdivision may accept a digital
				  signature which meets the requirements of chapters 2-5 of these regulations or
				  an electronic signature which meets the requirements of chapters 6-8 of these
				  regulations and may accept the communication in electronic
				  format.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 6 - ELECTRONIC FILING › Section 437-6-003

Current through June 17, 2024
Any tax or fee associated with an electronic filing may be
				  paid by any means allowable by law including credit card or electronic funds
				  transfer. The allowable means of payment for electronic filings, if any, shall
				  be determined by the agency or political subdivision accepting the
				  filing.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 6 - ELECTRONIC FILING › Section 437-6-005

Current through June 17, 2024
Notarial requirements for any document submitted may be met
				  by complying with the requirements of Neb. Rev. Stat. §
									86-638
				  (Laws, 2002, LB 1105, Sec. 400), which provides as follows:
If a law requires a signature or record to be notarized,
				  acknowledged, verified, or made under oath, the requirement is satisfied if the
				  electronic signature of the person authorized to perform those acts, together
				  with all other information required to be included by other applicable law, is
				  attached to or logically associated with the signature or
				  record.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 7 - ELECTRONIC SIGNATURES › Section 437-7-001

Current through June 17, 2024
In order to be used for electronic filing under Chapters 6-8
				  of these regulations, an electronic signature must meet and follow the
				  requirements contained in these regulations and the Digital Signatures
				  Act.
001.01 An electronic signature
				shall mean an alphabetical, numeric, or alphanumeric string of characters which
				meets the following requirements:
001.02 It is at least four characters
				long
001.03 It is unique to the
				person or entity assigned the code.
001.04 It is known and agreed to by all
				parties to the transaction.
001.05
				It is understood by the user that he or she has a duty to exercise reasonable
				care to retain control of the electronic signature and prevent its disclosure
				to other persons. The user shall be presumed to understand the requirement of
				this subsection if the electronic signature is issued accompanied by a
				statement that the user is responsible for the security of the electronic
				signature, preventing its disclosure to others, and any filings or other
				documents endorsed with the electronic signature shall be presumed to be
				legally valid and enforceable.
001.06 It is used with the understanding that
				by including the electronic signature with the document or filing the filer is
				signing and legally validating the document or filing with which the electronic
				signature is associated.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 8 - SECURITY PROVISIONS › Section 437-8-001

Current through June 17, 2024
Electronic filing using electronic signatures pursuant to the
				  Digital Signatures Act and these regulations must, at a minimum, follow the
				  following procedures.
001.01 The state
				agency or political subdivision must maintain, for the period the filing is
				valid or in effect, a record of:
001.01a The
				time and means by which the electronic signature was communicated to the person
				or entity to whom it was assigned.
001.01b The time and means by which the
				electronic signature was received or used in the electronic filing or
				filings.
001.01c If the electronic
				filing is for purpose of filing an individual's claim for benefits or
				determining eligibility of an individual for benefits, the state agency or
				political subdivision need only retain the actual date the electronic filing
				was made .
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 8 - SECURITY PROVISIONS › Section 437-8-002

Current through June 17, 2024
An agency or political subdivision may impose audit or
				  security features in addition to those specified in section 001 of this
				  chapter. The additional security features shall be reasonably related to the
				  risks and consequences of fraud or misuse for the type of electronic
				  communication.
002.01 The state agency
				or political subdivision shall prepare a risk assessment which identifies and
				evaluates the degree of risk for fraud or misuse of the electronic signature.
				The risk assessment shall include strategies for mitigating risk.
002.02 The security provisions of the state
				agency or political subdivisions shall conform to security policies and
				standards adopted by the Nebraska Information Technology Commission.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 437 - DIGITAL SIGNATURES ACT › Chapter 9 - SEVERABILITY › Section 437-9-001

Current through June 17, 2024
The federal preemption or any other legal impediment to the
				  validity of Chapters 2-5 of these regulations shall not effect the validity of
				  Chapters 6-8 of these regulations, and the two groups of chapters as defined
				  above are intended to be and shall be deemed to be independently operable and
				  enforceable.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 1 - DEFINITIONS › Section 438-1-001 - Central Filing System

Current through June 17, 2024
Central Filing System means the system defined in Neb. Rev.
				  Stat. §
									52-1304
				  (R.R.S, 2010) for filing Effective Financing Statements
001.01
001.02 In addition to the agricultural
				commodities and species of livestock set forth in section 8 of LB 1,
				Legislature of Nebraska, Eighty-Ninth Legislature, Third Special Session, there
				is hereby added to the specified list of Farm Products; millet and safflower.
				These commodities are to become part of the Central Filing System effective at
				the beginning of the first calendar quarter occurring 30 days after approval of
				such addition is received from the U.S.D.A.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 1 - DEFINITIONS › Section 438-1-002 - Effective Financing

Current through June 17, 2024
Effective Financing Statement(s) means a statement or
				  statements as defined in Neb. Rev. Stat. §524307 (R.S.SUPP-
				  2011)
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 1 - DEFINITIONS › Section 438-1-004 - Master Lien List

Current through June 17, 2024
Master Lien List means the compiled master list of all
				  information from Effective Financing Statements filed with the Filing Office
				  and lien information relative to liens created under Chapter 52, articles 2, 5,
				  7, 9,11, 12, and 14, and Chapter 54, article 2 of the Nebraska Revised Statutes
				  received by the Filing Office pursuant to subsection (a) of section 9-530 of
				  the Uniform Commercial Code.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 2 - TIME OF EFFECTIVENESS OF EFFECTIVE FINANCING STATEMENT AND RELATED DOCUMENTS › Section 438-2-001

Current through June 17, 2024
An Effective Financing Statement, and amendment,
				  continuation, or termination thereof, is not a part of the Master Lien List of
				  the Central Filing System, and not effective as notice to any registrant or
				  person inquiring until the document has been properly filed with the Filing
				  Officer, such Filing Officer has caused the information therefrom to be entered
				  into the computer system, and the information is contained in the Master Lien
				  List of the Central Filing System.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 3 - DATE AFTER WHICH AN EFFECTIVE FINANCING STATEMENT FILING WILL NOT APPEAR ON MONTHLY LISTINGS › Section 438-3-001

Current through June 17, 2024
In order for the information contained in an Effective
				  Financing Statement or an amendment or continuation thereof to appear on the
				  next Master Lien List published by the Filing Office, such Effective Financing
				  Statement amendment or continuation shall be filed on or before the last day of
				  the month,
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 4 - DATE FOR MONTHLY PUBLICATION OF LISTS RELATING TO EFFECTIVE FINANCING STATEMENTS › Section 438-4-001 - The Master Lien List

Current through June 17, 2024
The Master Lien shall be published on a monthly basis on the
				  Filing Office's website by the Fifth working day of the month.
001.01 Master Lien Lists
Master Lien Lists for any month shall with remain effective
				  until the next monthly Master Lien List is published.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 5 - DATES OF WHICH BUYERS MUST REGISTER › Section 438-5-001 - Registration

Current through June 17, 2024
Registration shall be on an annual basis. The fee for annual
				  registration shall be thirty dollars. In addition to the annual registration
				  fee, the fee for receiving the Master Lien List shall be one hundred dollars
				  per user. The annual registration fee and Master Lien List fee shall not be
				  prorated regardless of the date of registration.
001.01 Lists for any quarter will remain
				effective until the next quarterly lists are received.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 5 - DATES OF WHICH BUYERS MUST REGISTER › Section 438-5-002

Current through June 17, 2024
In order to receive the next monthly Master Lien List, a
				  registrant's properly completed registration form accompanied by the correct
				  registration fee and Master Lien List fee must be received by the Secretary of
				  State on or before 10 working days prior to the end of the
				  month.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS › Chapter 6 - EFFECTIVE DATE OF REGISTRATIONS › Section 438-6-001

Current through June 17, 2024
A registration will be effective the date that the first
				  Master Lien List for which the registration is effective is received. Date of
				  receipt is the first date upon which the Filing Office made the most current
				  Master Lien List available electronically.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 439 - NEBRASKA TRADEMARK REGULATIONS › Chapter 1 - Classification of Marks › Section 439-1-001

Current through June 17, 2024
The Secretary shall classify trademarks and service marks, to
				  the extent practicable, to conform to the classification system adopted by the
				  United States Patent and Trademark Office, and shall update the classification
				  through the rule and regulation process to conform to such classification
				  system when necessary.
01.01 If the
				classification of goods and services changes pursuant to these regulations, the
				new classification applies only to applications filed on or after the effective
				date of the change.
01.02 In a
				registration resulting from an application that was filed before the effective
				date of a change to the trademark regulations, the owner may amend the
				registration to comply with the requirements of the current trademark
				regulations. The owner must pay the recording fee.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 1 - Definitions › Section 440-1-002 - Address Confidentiality Program

Current through June 17, 2024
"Address Confidentiality Program" shall mean the statutorily
				  created program responsible for implementing the provisions of Neb. Rev. Stat.
				  §§
									42-1201
				  through
				  42-1210,
				  within the Office of the Secretary of State.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 1 - Definitions › Section 440-1-003 - Agency or Governmental Entity

Current through June 17, 2024
"Agency or Governmental Entity" shall mean an office,
				  department, division, bureau, board, commission, or other statutory unit of
				  state or local government or any functional subdivision of that
				  agency.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 1 - Definitions › Section 440-1-005 - Authorized personnel

Current through June 17, 2024
"Authorized personnel" shall mean an employee of the
				  Secretary of State, County Clerk, or Election Commissioner who has been
				  designated by the chief executive officer of the respective agency to process
				  and have access to voter application and voting records pertaining to program
				  participants.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 1 - Definitions › Section 440-1-007 - Protected records voter

Current through June 17, 2024
"Protected records voter" shall mean a program participant
				  who is registered and qualified to vote and has requested an absentee ballot
				  pursuant to Neb. Rev. Stat. §
									42-1207
				  and will vote in the same manner as an absentee voter.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 1 - Definitions › Section 440-1-008 - Record

Current through June 17, 2024
"Record" shall mean any information relating to the conduct
				  or performance of a governmental or proprietary function prepared, owned, used,
				  or retained by any state or local agency regardless of physical form or
				  characteristics.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 1 - Definitions › Section 440-1-010 - Substitute mailing address

Current through June 17, 2024
"Substitute mailing address" means the mailing address
				  designated by the Secretary of State which shall not be the program
				  participant's residential address as documented on her or his application for
				  program participation.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 2 - Application and Certification Process › Section 440-2-001

Current through June 17, 2024
Any person who meets the criteria to be a program participant
				  under Neb. Rev. Stat. §
									42-1204,
				  and wishes to apply to the Address Confidentiality Program shall obtain an
				  application to be included in the program. The applications shall be obtained
				  from selected state or local agencies, or non-profit programs that have been
				  designated by the Secretary to assist in the application process pursuant to
				  Neb. Rev. Stat. §
									42-1209.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 2 - Application and Certification Process › Section 440-2-002

Current through June 17, 2024
The following shall be included in the certification
				  application submitted by the applicant to the Office of the Secretary of
				  State.
002.01 A sworn statement that
				the applicant or the minor or incapacitated person on whose behalf the
				application is made is a victim of abuse, sexual assault or stalking and that
				the applicant fears for his or hear safety or the safety of the minor or
				incapacitated person on whose behalf the application is made.
002.02 A designation of the Secretary of
				State as agent for the purposes of service of process and receipt of
				mail.
002.03 The address the
				applicant requests not be disclosed.
002.04 The mailing address and telephone
				number or numbers where the applicant can be contacted by the Secretary of
				State.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 2 - Application and Certification Process › Section 440-2-004

Current through June 17, 2024
The application shall be signed by any individual or
				  representative of any office designated in writing under Neb. Rev. Stat. §
									42-1209
				  who assisted in the preparation of the application.
004.01 The Secretary of State's Office shall
				create and maintain a list of designated state and local agencies and nonprofit
				entities that provide counseling and shelter services to victims of abuse,
				sexual assault, or stalking which may provide application materials and assist
				in the completion of such application. Such list shall be available for public
				inspection in the office of the Secretary of State during regular business
				hours.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 2 - Application and Certification Process › Section 440-2-005

Current through June 17, 2024
An individual who has filed a properly completed application
				  with the Office of the Secretary of State shall be certified as a program
				  participant and issued a program participant authorization card. The
				  authorization card shall include the program participant's name, authorization
				  code, substitute mailing address, certification expiration date, and
				  applicant's signature.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 3 - Responsibility of State and Local Agencies and Governmental Entities › Section 440-3-001

Current through June 17, 2024
When a participant shows her or his authorization card to a
				  state or local agency or governmental official when creating a new record and
				  requests address confidentiality through the use of the substitute mailing
				  address as it appears on the authorization card, the agency official creating a
				  new record may make a file photocopy of the authorization card and shall
				  immediately return the authorization card to the program
				  participant.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 3 - Responsibility of State and Local Agencies and Governmental Entities › Section 440-3-002

Current through June 17, 2024
An agency shall accept the substitute mailing address unless
				  the agency has received a written exemption from the Secretary pursuant to Neb.
				  Rev. Stat. §
									42-1206.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 3 - Responsibility of State and Local Agencies and Governmental Entities › Section 440-3-003

Current through June 17, 2024
In the event that an authorization card is lost or stolen, an
				  emergency situation exists, or the state or local agency questions the validity
				  of the authorization card, verification of a client's participation in the ACP
				  may be made by calling the Office of the Secretary of State.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 4 - Certification Expiration and Renewal › Section 440-4-002

Current through June 17, 2024
A program participant may, within 60 days of the expiration
				  date, renew her or his program certification by filing with the Address
				  Confidentiality Program the following:
(a) Her or his current authorization
				card;
(b) A properly completed
				certification renewal form which shall contain all information required in the
				initial application by Chapter 2; and
(c) A new authorization card form.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 4 - Certification Expiration and Renewal › Section 440-4-004

Current through June 17, 2024
If a participant chooses not to renew her or his
				  certification, such participant assumes the responsibility of notifying state
				  and local agencies of the change in status. Mail received by the Secretary of
				  State's Office more than 30 days after the expiration of a participant's
				  certification will be returned to the sender.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 5 - Certification Withdrawal, Invalidation, and Termination › Section 440-5-001

Current through June 17, 2024
A program participant may withdraw from program participation
				  by submitting to the Address Confidentiality Program written notification of
				  withdrawal and her or his current authorization card. Certification shall be
				  terminated on the date of receipt of this notification.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 5 - Certification Withdrawal, Invalidation, and Termination › Section 440-5-002

Current through June 17, 2024
If the Secretary of State's Office terminates a program
				  participant's certification pursuant to Neb. Rev. Stat. §
									42-1205,
				  the Address Confidentiality Program shall send written notification of the
				  termination to the participant's last known mailing or residential address. The
				  participant shall be advised of the right to appeal the termination.
002.01 A participant's certification shall be
				forfeited if the participant obtains a name change unless he or she applies to
				the Secretary for recertification and provides documentation of the legal name
				change.
002.02 The Secretary of
				State may cancel a participant's certification if there is a change in the
				mailing address from the one listed on the participant's application unless the
				participant notifies the Secretary by a signed writing within 30 days of the
				change of address.
002.03 The
				Secretary of State may cancel a participant's certification if mail forwarded
				to the program participant's address is returned as undeliverable.
002.04 The Secretary of State shall cancel
				the certification of a participant who applies to the program using false
				information.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 5 - Certification Withdrawal, Invalidation, and Termination › Section 440-5-003

Current through June 17, 2024
In order to protest a termination, the program participant
				  may request a hearing pursuant to the Administrative Procedures Act (Neb. Rev.
				  Stat. Sec.
				  84-901
				  et. seq.)
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 5 - Certification Withdrawal, Invalidation, and Termination › Section 440-5-004

Current through June 17, 2024
A terminated participant or participant who withdraws from
				  the Address Confidentiality Program assumes the responsibility of notifying
				  state and local agencies of the change in status. Mail received by the
				  Secretary of State's Office more than 30 days after the expiration of a
				  participant's certification will be returned to the sender.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 6 - Information Release to Law Enforcement Agency › Section 440-6-001

Current through June 17, 2024
A request from a law enforcement agency for release of
				  records in a program participant's file shall be made to the Address
				  Confidentiality Program in writing, and shall contain the request date, the
				  name of the program participant, the name and position of the officer
				  requesting the information. The Secretary of State will only release records in
				  a program participant's file to the Chief Commanding Officer of a law
				  enforcement agency or the Chief Commanding Officer's designee provided that the
				  designee is indicated in a writing signed by the Chief Commanding
				  Officer.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 7 - Information Release to Non Law Enforcement › Section 440-7-001

Current through June 17, 2024
The Secretary of State may only disclose information from a
				  participant's file pursuant to a court order which specifically orders the
				  disclosure of a particular program participant's address and the reasons
				  therefore.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 7 - Information Release to Non Law Enforcement › Section 440-7-002

Current through June 17, 2024
Upon the request of any person not requesting information
				  pursuant to Chapter 6, Section 001 or Chapter 7, Section 001 the Secretary of
				  State may only verify the participation in the Address Confidentiality Program
				  of a specific participant by confirming or denying information supplied by a
				  requester.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 8 - Agency Use of Designated Address and Agency Exemption Request › Section 440-8-001

Current through June 17, 2024
An agency requesting an exemption under Neb.Rev. Stat.
				  §
									42-1206,
				  must provide in writing to the Secretary, identification of the statute, tax
				  situs or administrative rule which demonstrates the agency's bona fide
				  requirement and authority for the use of the actual address of an individual,
				  and the purpose for which the actual address of the participant will be used.
				  The Secretary of State shall make a determination in writing based upon the
				  information provided and inform the agency of such
				  determination.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 9 - Service of Process › Section 440-9-001

Current through June 17, 2024
Service of Process for program participants shall be made on
				  the Office of the Secretary of State, Address Confidentiality Program by
				  mailing two copies of the service of process documents to the substitute
				  mailing address or by service on the Address Confidentiality Program at the
				  Office of the Secretary of State, Suite 2300, State Capitol Building, Lincoln,
				  NE 68509.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 9 - Service of Process › Section 440-9-002

Current through June 17, 2024
Following service on the Office of the Secretary of State,
				  Address Confidentiality Program, a copy of the documents shall be sent by
				  certified mail, return receipt requested, to the program participant's current
				  mailing address shown on the records.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS › Chapter 10 - Maintaining Protected Records Voter Information › Section 440-10-002

Current through June 17, 2024
All records pertaining to a protected records voter shall be
				  maintained in a manner ensuring that these records are accessible only to
				  authorized personnel. A protected records voter shall not be included in any
				  registered voter list, absentee ballot list, tape, label, or poll book.
				  Information pertaining to a protected records voter shall not be publicly
				  accessible regardless of the type of records management system except as
				  provided by Neb. Rev. Stat. §
									42-1207.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 1 - INTRODUCTION › Section 107-1-001

Current through June 17, 2024
In 1980, LB 954 was passed by the Legislature and signed into
				  law by the Governor to promote the conservation of energy resources and to
				  provide for public health, safety and welfare. The State Energy Office was
				  directed to enforce the Lighting and Thermal Standards portion of the Law. The
				  original legislation has been modified by LB 2 (1981), LB 799 (1982), LB 124
				  (1983), LB 315 (1985), LB 622, (1997), LB 1135 (2000), and LB 888 (2004). The
				  most recent of these bills made such significant changes in the State's Thermal
				  and Lighting Standards (hereafter referred to as the Nebraska Energy Code) that
				  a complete revision of the Rules and Regulations which govern the Nebraska
				  Energy Code is necessary.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 1 - INTRODUCTION › Section 107-1-002

Current through June 17, 2024
The following Rules and Regulations pertain to the procedures
				  to be used to comply with the law by the State Energy Office, local code
				  authorities, building designers, contractors, owners, and all other interested
				  parties. These Rules and Regulations implement the provisions of the law
				  regarding the Nebraska Energy Code.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-003 - Building

Current through June 17, 2024
Building any new structure, renovated building, or addition
				  which provides facilities or shelter for public assembly, educational,
				  business, mercantile, institutional, warehouse, or residential occupancies, as
				  well as those portions of factory and industrial facilities which are used
				  primarily for human occupancy, such as office space, but not including any
				  structure which has a consumption of traditional energy sources for all
				  purposes not exceeding the energy equivalent of one watt per square
				  foot.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-005 - Economically Justified

Current through June 17, 2024
Economically Justified means the initial cost is less than
				  the present discounted value of resulting savings over the life of a component
				  or requirement using future actual dollars and a market rate of
				  interest.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-008 - Local Code

Current through June 17, 2024
Local Code means a lighting and thermal efficiency ordinance,
				  resolution, code or standard which has been adopted by a county, city or
				  village and which meets the requirements set forth in Neb. Rev. Stat. §
									81-1618.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-009 - Nebraska Energy Code

Current through June 17, 2024
Nebraska Energy Code means the 2003 International Energy
				  Conservation Code.
The 2003 International Energy Conservation Code is available
				  at
|13">http://www.iccsafe.org/e/prodshow.html?prodid=3800S03&stateInfo=wdadlfldgAJbdjdx4649|13
The 2003 International Energy Conservation Code may also be
				  obtained by telephoning the International Code Council at
				  1-800-786-4452.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-011 - Prime Contractor

Current through June 17, 2024
Prime Contractor means the person(s) or entity(s) who has a
				  contract with the owner and falls within the definition of contractor listed in
				  Neb. Rev. Stat. §
									81-1609. Prime
				  contractor may also mean a property owner who performs the work of a prime
				  contractor or performs the work him/herself.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 2 - DEFINITIONS › Section 107-2-012 - Renovation

Current through June 17, 2024
Renovation means alterations on an existing building which
				  will cost more than fifty percent of the replacement cost of such building at
				  the time work is commenced or which was not previously heated or cooled, for
				  which a heating or cooling system is now proposed, except that the restoration
				  of historical buildings shall not be included.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 3 - APPLICABILITY › Section 107-3-001

Current through June 17, 2024
All new buildings, except those excluded by section 002 of
				  this chapter, and additions and renovations to all existing buildings on which
				  construction is initiated on or after July 1, 2005, shall be constructed so as
				  to comply with the Nebraska Energy Code or a local equivalent
				  code.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 3 - APPLICABILITY › Section 107-3-002

Current through June 17, 2024
The following buildings are exempt from the requirements of
				  the Nebraska Energy Code:
002.01 Any
				building which has a peak design rate of energy usage for all purposes of less
				than one watt, or three and four-tenths British Thermal Units per hour, per
				square foot of floor area.
002.02
				Any building which is neither heated nor cooled.
002.03 Any building or portion thereof which
				is owned by the United States of America.
002.04 Any manufactured home as defined by
				Neb. Rev. Stat. §
									71-4603.
002.05 Any modular housing unit as defined by
				subdivision (1) of Neb. Rev. Stat. §
									71-1557.
002.06 Any building:
002.06a listed on the National Register of
				Historic Places,
002.06b determined
				to be eligible for the National Register of Historic Places by the State
				Historic Preservation Officer, or
002.06c designated as an individual landmark
				or heritage preservation site by a municipality or located within a designated
				landmark or heritage preservation district.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 4 - LOCAL CODE ADOPTION › Section 107-4-001

Current through June 17, 2024
No county, city or village shall enforce a lighting and
				  thermal efficiency ordinance, resolution, code, or standard which is not
				  equivalent to the Nebraska Energy Code as set forth in Neb. Rev. Stat. §
									81-1618,
				  except as set forth in section 003 of this chapter.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 4 - LOCAL CODE ADOPTION › Section 107-4-002

Current through June 17, 2024
Any county, city or village may adopt and enforce a lighting
				  and thermal efficiency ordinance, resolution, code, or standard which is
				  equivalent to the Nebraska Energy Code as set forth in Neb. Rev. Stat. §
									81-1618,
				  and may charge a fee sufficient to pay for the costs incurred in enforcing such
				  a code. The clerk of a county, city or village which adopts a local code
				  pursuant to this law shall notify the Office of the adoption of such code. The
				  letter of notification shall include:
002.01 the technical basis of the local
				code,
002.02 the ordinance or
				resolution number and date of passage, and
002.03 the code jurisdiction
				limits.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 4 - LOCAL CODE ADOPTION › Section 107-4-003

Current through June 17, 2024
Any county, city or village which adopts and enforces a
				  lighting and thermal efficiency ordinance, resolution, code, or standard may
				  waive a specific requirement of the Nebraska Energy Code when meeting such
				  requirement is not economically justified. The following procedures shall
				  apply:
003.01 The local code authority
				shall submit to the Office its analysis for determining that a specific
				requirement is not economically justified.
003.02 The Office shall review such analysis
				and transmit its findings and conclusions to the local code authority within 20
				working days of receipt of the submission from the local code
				authority.
003.03 The local code
				authority shall submit to the Office its explanation as to how the original
				code or any revised code addresses the issues raised by the Office, after which
				the local code authority may proceed to enforce its ordinance, resolution,
				code, or standard.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 4 - LOCAL CODE ADOPTION › Section 107-4-004

Current through June 17, 2024
Any county, city or village which adopts and enforces, or is
				  considering adopting and enforcing a local code, may request technical
				  assistance from the Office. This assistance shall include the training of
				  building officials in building technology and enforcement procedures related to
				  implementation of the Nebraska Energy Code, and the development of training
				  programs suitable for presentation by local government officials, educational
				  institutions, and other persons.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 5 - LOCAL CODE ENFORCEMENT › Section 107-5-001

Current through June 17, 2024
Any county, city or village code jurisdiction may conduct
				  inspections as are necessary to ensure that new buildings, additions, and/or
				  renovations are actually being constructed in accordance with the Nebraska
				  Energy Code or equivalent. Such inspections shall:
001.01 be made at reasonable hours,
				and
001.02 be conducted only after
				permission has been granted by the owner or occupant or after a warrant has
				been issued pursuant to Neb. Rev. Stat §
									29-830
				to §
									29-835.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 5 - LOCAL CODE ENFORCEMENT › Section 107-5-002

Current through June 17, 2024
If the local code authority finds, within two years from the
				  date a building is first occupied, that the building, at the time of
				  construction, did not comply with the Nebraska Energy Code or equivalent code
				  adopted by a county, city or village in effect at such time, the code authority
				  may order the owner or prime contractor to take those actions necessary to
				  bring the building into compliance.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 5 - LOCAL CODE ENFORCEMENT › Section 107-5-003

Current through June 17, 2024
The Office shall investigate complaints in which it is
				  alleged that the county, city or village is not effectively enforcing its local
				  code, or that the code is not equivalent to the Nebraska Energy Code, and shall
				  order the county, city or village to take corrective action if such complaints
				  are substantiated by the investigation.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 5 - LOCAL CODE ENFORCEMENT › Section 107-5-004

Current through June 17, 2024
The Office shall not inspect construction nor intervene in
				  any other way in the process of building design and/or construction within the
				  jurisdiction of any county, city or village which has adopted and is enforcing
				  a local code, except as set forth in section 003 of this
				  chapter.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 6 - STATE ENFORCEMENT › Section 107-6-001

Current through June 17, 2024
In all parts of the State except those areas within the
				  jurisdiction of a county, city or village which has adopted and is enforcing a
				  local code, the following requirements shall apply:
001.01 If an architect or engineer is not
				retained in designing the building, then the prime contractor(s) shall be
				responsible for causing the building to be constructed in accordance with the
				Nebraska Energy Code.
001.02 If an
				architect or engineer is retained in designing the building, then the architect
				or engineer shall be responsible for designing the building in accordance with
				the Nebraska Energy Code, and shall indicate that the building design meets the
				Nebraska Energy Code by placing his or her state registration seal on the
				construction drawings. The prime contractor(s) shall then be responsible for
				causing the building to be constructed in accordance with the plans prepared by
				the architect or engineer.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 6 - STATE ENFORCEMENT › Section 107-6-002

Current through June 17, 2024
The Office may conduct such inspections as are necessary to
				  ensure that new buildings, additions, and/or renovations are actually being
				  constructed in accordance with the Nebraska Energy Code, and shall order
				  corrective action where warranted. Such inspections shall:
002.01 be made at reasonable hours,
				and
002.02 be conducted only after
				permission has been granted by the owner or occupant or after a warrant has
				been issued pursuant to Neb. Rev. Stat. §
									29-830
				to §
									29-835.