reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-018

Current through June 17, 2024
If a warrant or detainer is placed against a committed
				  offender by a court, parole agency, or other authority of this or any other
				  jurisdiction, the administrator shall inquire before such offender becomes
				  eligible for parole whether the authority concerned intends to execute or
				  withdraw the warrant or detainer when the offender is
				  released.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-019

Current through June 17, 2024
If the authority notifies the administrator that it intends
				  to execute the warrant or detainer when the offender is released, the
				  administrator shall advise the authority concerned of the sentence under which
				  the offender is held, the time of parole eligibility, any decision of the board
				  relating to the offender, and the nature of the offender's adjustment during
				  imprisonment and shall give reasonable notice to such authority of the
				  offender's release date.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-020

Current through June 17, 2024
The board may parole an offender who is eligible for release
				  to a warrant or detainer. If an offender is paroled to such a warrant or
				  detainer, the board may provide, as a condition of release, that if the charge
				  or charges on which the warrant or detainer is based are dismissed, or are
				  satisfied after conviction and sentence, prior to the expiration of the
				  offender's parole term, the authority to whose warrant or detainer the offender
				  is released shall return the offender to serve the remainder of the parole term
				  or such part as the board may determine.
Nebraska Administrative Code › Topic - PAROLE BOARD › Title 270 - NEBRASKA BOARD OF PAROLE › Chapter 11 - Review of Parole Hearing › Section 270-11-021

Current through June 17, 2024
If a person paroled to a warrant or detainer is thereafter
				  sentenced and placed on probation, or released on parole in another
				  jurisdiction, prior to the expiration of the parole term less good time in this
				  state, the board may permit the person to serve the remainder of the parole
				  term or such part as the board may determine concurrently with the person's new
				  probation or parole term. Such concurrent terms may be served . in either of
				  the two jurisdictions, and supervision shall be administered in accordance with
				  section
				  29-2637.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 1 - RULES AND PROCEDURE FOR EXHIBITS TO SERVICE AREA AGREEMENTS › Section 285-1-001 - MODIFICATIONS

Current through June 17, 2024
As outlined by statute, any party or both parties to a
				  service area agreement, which has been established or approved by the Nebraska
				  Power Review Board, may apply, singly or jointly, to have their service area
				  boundaries modified. Such application will follow the same form and format as
				  the original service area agreement.
ANNOTATION
ENABLING LEGISLATION: 70-1010, R. R. S., 1943; Supreme
					 Court - City of Schuyler v. Cornhusker P. P. Dist., 181 Neb. 704, 150 N.W. 2d
					 588
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 1 - RULES AND PROCEDURE FOR EXHIBITS TO SERVICE AREA AGREEMENTS › Section 285-1-002 - GENERAL

Current through June 17, 2024
002.01 Each supplier of electricity at retail
				shall submit to the Nebraska Power Review Board two copies of each service area
				agreement and exhibit. After approval by the Power Review Board, the Board
				shall retain one copy for its files and return one copy to the electric
				supplier submitting the same.
002.02 Where the adjoining suppliers are
				unable to agree upon a service area boundary, each supplier shall file, along
				with a statement, a map or maps showing the service area and, where necessary,
				the customers served and also the service area boundary as claimed by such
				supplier.
After the Power Review Board has established the service
				  areas, as set forth by law, the maps showing the service area thus established
				  shall then be prepared by the suppliers and submitted in duplicate to the Power
				  Review Board. After approval the Board shall return one copy to the supplier
				  submitting the same.
002.03
				AIl necessary forms are available and will be mailed to any party upon
				request.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 1 - RULES AND PROCEDURE FOR EXHIBITS TO SERVICE AREA AGREEMENTS › Section 285-1-003 - EXHIBIT

Current through June 17, 2024
003.01 If one exhibit is sufficient to
				designate the service area, such exhibit shall be designated as exhibit "A". If
				more than one exhibit is necessary, they shall be numbered consecutively as
				exhibits "A-1", "A-2", etc.
003.02
				Rural area exhibits shall have a scale of not less than one-half inch per
				mile.
003.03 Urban area exhibits
				shall have a scale of not less than two inches per mile.
003.04 Urban area exhibits where used shall
				extend at least one mile beyond the present zoning area of the city.
003.05 The exhibit shall show ownership
				and-location of the electric lines above 700 volts of each supplier outside of
				the corporate limits of villages and cities. Lines of 34.5 KV and above shall
				have their voltage shown.
003.06
				Each exhibit shall be blue on white or black on white.
003.07 The service area boundary line shall
				be located on 1 mile, 1/2 mile, or 1/4 mile lines, if possible.
003.08 The location of each distribution line
				used to determine the service area boundary line shall be accurately shown.
				Customers served shall be shown where necessary to clearly define the service
				area boundary.
003.09 There shall
				be an exhibit or exhibits for each agreement. The number of service areas which
				may be placed on a print shall not be limited since the same original tracing
				may also be used with another party and another agreement.
003.10 Each exhibit shall show numbers of
				sections, townships, and ranges to indicate the legal description. It shall
				also show roads, highways, railroads, rivers, etc. Corporate and zoning areas
				of all villages and cities shall be shown as well as airports, military
				Installations, and industrial tracts outside of the corporate limits.
003.11 The exhibits shall be folded to 8 1/2
				x 11 inches with title block visible. Maximum size of each sheet shall not
				exceed 42 x 60 inches.
003.12 The
				title block shall be as per following sample. Signature and title of the
				authorized officer of the power supplier shall be affixed to the exhibit in the
				space provided, as shown on the sample.
003.13 The boundary line between service
				areas shall be a heavy dashed line so as to be clearly distinguishable from the
				distribution lines shown.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Section 285-2-001

Current through June 17, 2024
Approval for construction or acquisition of electric
				  facilities shall be secured in all cases. (Except as noted in Section
				  70-1012,
				  R. R. S., 1943, as amended.)
ENABLING LEGISLATION
: 84-909,
					 70-1006, 70-1011, and 70-1012, R. R. S. 1943.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Section 285-2-002

Current through June 17, 2024
Except as provided by law, approval to construct or acquire
				  electric transmission lines carrying more than 700 volts or related facilities
				  shall be obtained from the Nebraska Power Review Board prior to construction or
				  acquisition.
ENABLING LEGISLATION;
84-909,
					 70-1006, 70-1011, and 70-1012, R. R. S. 1943.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Section 285-2-003

Current through June 17, 2024
Any electric supplier may construct or acquire a line not to
				  exceed one-half mile in length without Board approval; PROVIDED THAT, the
				  supplier obtains written consent of all owners of electric lines located within
				  one-half mile of the proposed extension and files said consents with the Board.
				  (Applications shall be filed with the consents.) If the space provided in the
				  application is not sufficient for the information, additional sheets should be
				  attached and referred to in the appropriate space provided.
ENABLING LEGISLATION:
84-909,
					 70-1006, 70-1011, and 70-1012, R. R, S. 1943.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Section 285-2-004

Current through June 17, 2024
An original and one copy of each application and exhibits,
				  "A" and "B", shall be filed. (All copies other than thermofax copies are
				  acceptable). All necessary forms are available and will be furnished to any
				  party upon request. Exhibit "A" shall be a map on a scale of not less than one
				  inch equals one mile, and it shall show all other transmission lines or other
				  distribution lines within one mile of the proposed extension or related
				  facilities; provided, however, when the proposed transmission line exceeds
				  twenty five (25) miles in length, a smaller scale map may be used as long as
				  all other facilities of the same magnitude owned by the party making the
				  application or owned by other suppliers are shown. Exhibit "B" shall be a
				  succinct statement as to how the applicant will provide service at its "low
				  overall cost as possible consistent with sound business practices". Exhibit "B"
				  also shall contain (a) the cost of the construct ion and; (b) a statement
				  indicating if the construction price will be paid in part by any contribution
				  by any customer; and (c) if there is a contribution, the amount of the
				  contribution and whether it is in addition to the cost submitted on the
				  application.
ENABLING LEGISLATION;
84-909,
					 70-1001, 70-1006, R. R. S. 1943; Supreme Court -Weiner v. State Real Estate
					 Commission, 184 Neb. 752, 171 N.W. 2d 783.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Section 285-2-005

Current through June 17, 2024
(1) No latter than six months after
				substantial completion of a Power Review Board approved facility the petitioner
				shall file a completion statement; substantial completion occurs upon
				commercial operation of the facility. The completion statement shall include
(a) the PRB application number;
(b) the estimated total cost and estimated
				date of completion as stated in the application; and
(c) the date of substantial
				completion/commercial operation and the actual total cost (as estimated on the
				date of filing the completion statement). If the completion statement reveals a
				significant divergence between the estimated total cost and the actual total
				cost, then the completion statement also shall include a full explanation of
				the significant divergence. Significant divergence shall mean a cost overrun of
				$150,000 on a facility with an estimated total cost of less than $1,000,000;
				and shall mean a cost overrun of 15% or more on a facility with an estimated
				total cost of $1,000,000 or more. The Board may hold an informational hearing
				on the cost overrun.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Appendix B - Application for authority to construct or acquire an electric transmission line(s) and/or related facilities

Current through June 17, 2024
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Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Appendix C - Application for authority to construcotr acquire an electric generation facility(ies) and/or related facilities

Current through June 17, 2024
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Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Appendix D - Consent and Waiver for Construction or Acquisition

Current through June 17, 2024
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Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Appendix E - Complaint

Current through June 17, 2024
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Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Appendix F - Protest to Application

Current through June 17, 2024
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Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Appendix G - Reply

Current through June 17, 2024
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Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Appendix H - Completion Statement

Current through June 17, 2024
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Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 2 - RULES AND PROCEDURE FOR APPLYING FOR AUTHORIZATION FOR THE CONSTRUCTION OR ACQUISITION OF ELECTRIC GENERATION FACILITIES, ELECTRIC TRANSMISSION LINES (in excess of 700 volts) AND/OR RELATED FACILITIES, WHEELING, OR COMPLAINTS › Appendix I - Termination Statement

Current through June 17, 2024
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Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-001 - GENERAL

Current through June 17, 2024
These rules govern practice and procedure before the
				  Nebraska Power Review Board unless otherwise amended.
All correspondence and filings shall be addressed or
				  delivered to the Nebraska Power Review Board. Office hours, for the purpose of
				  filing papers, examining public records or transacting any business with the
				  Board or its staff, shall be in accord with the normal business hours of State
				  Government operation. When the filing of a pleading or the doing of any act is
				  required on or before a certain date which falls on any Saturday, Sunday, or
				  legal holiday, the time for filing said pleading or doing said act shall be
				  extended to the next succeeding working day.
All records of the Nebraska Power Review Board are public
				  records and are open for inspection at any time during regular office hours.
				  Meetings shall be held as determined by the Nebraska Power Review Board at
				  Lincoln, Nebraska, or any other place directed by the Board after proper
				  notice. Hearings will be held in Lincoln, Nebraska, or upon motion of the
				  Board, at any city the Board may determine.
ANNOTATION
ENABLING LEGISLATION: 84-909, R. R. S., 1943; Supreme Court
					 - Weiner v. State Real Estate Commission, 184 Neb. 752, 171 N.W. 2d 783
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-002 - APPEARANCES BEFORE THE BOARD

Current through June 17, 2024
002.01 Practice of law before the Nebraska
				Power Review Board shall be governed by the statutes of the State of Nebraska
				and the decisions of the Supreme Court. Nothing herein contained shall prevent
				anyone from transacting his own business before the Board. In the event of an
				appearance by some person on the behalf of some other party, that person
				appearing must fulfill one of the two following conditions:
002.01a Be admitted to practice law before
				the Nebraska Supreme Court, or
002.02b Be admitted to practice law before
				the supreme court of any other state and be associated with a person admitted
				to practice law before the Nebraska Supreme Court.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-003 - PARTIES

Current through June 17, 2024
003.01 Parties appearing before the Board
				shall be designated as one of the following:
003.01a Applicants: In all proceedings
				involving applications under Sections
				70-1001 to
				70-1027,
				R. R. S., 1943, as amended, or subsequent amendments thereto, the party or
				parties on whose behalf the application is made are termed
				applicants.
003.01b Protestants:
				Party or parties objecting to the granting of an application are termed
				protestant or protestants.
003.01c
				Respondents: Party or parties ordered by the Board to appear in a proceeding,
				including complaint proceedings, shall be termed respondents.
003.01d Complainants: Any party filing a
				complaint under the provisions of Sections
				70-1001 to
				70-1027
				R.R.S. 1943, or subsequent amendments thereto, shall be termed
				complainants.
003.01e Interveners:
				Any person or party having an interest in any proceedings before the Board and
				who does not fall within the classification of the foregoing subsections may
				intervene and shall be termed as interveners
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-004 - PLEADINGS

Current through June 17, 2024
For the purposes of definition, pleadings shall mean any
				  written application or protest thereto; any petition of intervention; any
				  complaint or reply thereto; or any motion.
004.01 Before the Power Review Board approves
				any application to amend a retail service area agreement or wholesale agreement
				by electrical suppliers as part of an amalgamation in which one of the parties
				ceases to exist, the Power Review Board requires financial information from
				both parties. Such financial information shall include both historical
				financial statements of the separate suppliers and projected financial
				statements of the amalgamated supplier.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-005 - FORMS OF PLEADINGS

Current through June 17, 2024
Standard forms for applications and consents and waivers as
				  illustrated in Section Two of the Board's rules shall be available upon request
				  from the Board.
ENABLING LEGISLATION:
84-909,
					 70-1006, R.R.S 1943; Wiener v. State Real Estate Commission 184 Neb. 752, 171
					 N.W. 2d 783.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-006 - PROTEST

Current through June 17, 2024
A protest objecting to the granting of any application may
				  be filed by any party and shall set forth the basis and the reasons for the
				  protest. Such protests must be filed within twenty (20) days of the date of
				  mailing of written notice of the application as prescribed under Rule 012 of
				  the Nebraska Power Review Board's Rules of Practice and
				  Procedure.
ENABLING LEGISLATION:
84-909,
					 70-1006 R.R.S. 1943; Wiener v. State Real Estate Commission 184 Neb. 752, 171
					 N.W. 2d 783.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-007 - APPLICATIONS

Current through June 17, 2024
Applications shall set forth a concise statement of the
				  facts upon which the application is based, and a request for whatever action is
				  being sought, together with whatever further information shall be required by
				  the Board.
ENABLING LEGISLATION:
84-909,
					 70-1006 R.R.S 1943; Wiener v. State Real Estate Commission 184 Neb. 752, 171
					 N.W. 2d 783.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-008 - COMPLAINTS

Current through June 17, 2024
A complaint, where applicable, may be filed by a person,
				  organization, or corporation. The complaint shall set forth the name of the
				  party complainant, the name of the parties against whom the complaint is made,
				  a concise description of the problem or alleged violation, and any other facts
				  necessary.
Where a complaint is filed with the Board under Section
				  70-1015
				  R.R.S. 1943, as amended, requesting that an injunction be brought in the name
				  of the State . of Nebraska, the Board will hold a hearing and thereafter making
				  findings of fact and enter an order in conformity therewith. If the order of
				  the Board determines that a violation has occurred, said order will be
				  forwarded to the office of the Attorney General of the State of Nebraska for
				  appropriate action.
ENABLING LEGISLATION;
84-909,
					 70-1006 R.R.S. 1943; Wiener v. State Real Estate Commission 184 Neb. 752, 171
					 N.W. 2d 783.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-009 - REPLY TO COMPLAINTS

Current through June 17, 2024
A reply shall be the term used to refer to the pleading
				  which will be permitted in way of any answer to a complaint, as referred to
				  above. In the event of new material being contained in any reply filed in the
				  latter instance, the complainant or complainants shall be permitted to file
				  responsive pleadings.
ENABLING LEGISLATION:
84-909,
					 70-1006 R.R.S. 1943; Wiener v. State Real Estate Commission 184 Neb. 752, 171
					 N.W. 2d 783.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-010 - FILINGS

Current through June 17, 2024
All pleadings filed before the Nebraska Power Review Board
				  shall be stamped "Received" on the date presented or actually received if
				  mailed to the Board.
ENABLING LEGISLATION
: 84-909,
					 70-1006 R.R.S. 1943, Wiener v. State Real Estate Cammission 184 Neb. 752, 171
					 N.W. 2d 783.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-011 - CERTIFICATE OF SERVICE

Current through June 17, 2024
All pleadings, except original applications, shall be
				  accompanied by a certificate by the party or parties, or their attorneys filing
				  the same, showing service of a copy thereof on the other party or parties
				  involved in the matter or their attorney of record. No pleading will be
				  accepted for filing without compliance with this rule.
ANNOTATION
ENABLING LEGISLATION: 84-909, R. R. S., 1943; Supreme Court
					 - Weiner v. State Real Estate Commission, 184 Neb. 752, 171 N.W. 2d 783
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-012 - NOTICE BY THE BOARD

Current through June 17, 2024
Upon receipt and filing of any application or complaint, a
				  notice shall be mailed by certified mail by the Executive Director of the Board
				  to all interested parties showing the filing of said application or complaint
				  and fixing the time and place for hearing upon the same. Protestants or
				  respondents shall have twenty (20) days from the date of mailing of said notice
				  in which to file a protest or a reply to the said application or
				  complaint.
ANNOTATION
ENABLING LEGISLATION: 70-1005, and 70-1013, R. R. S., 1943;
					 Supreme Court City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb.
					 439, 138 N.W. 2d 629
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-013 - FINAL ORDERS

Current through June 17, 2024
Upon the close of any hearing, the Board shall render its
				  decision within the time prescribed by statute.
ANNOTATION
ENABLING LEGISLATION: 70-1013, R. R. S., 1943; Supreme
					 Court - City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439,
					 138 N.W. 2d 629
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-014 - WITHDRAWALS

Current through June 17, 2024
Following the filing of any application or pleading, a party
				  shall not be permitted to withdraw said application or pleading without the
				  Board's approval. However, the Board encourages the voluntary settlement of all
				  matters which may come before it.
ANNOTATION
ENABLING LEGISLATION: 84-909, R. R. S., 1943; Supreme Court
					 - Weiner v. State Real Estate Commission, 184 Neb. 752, 171 N.W. 2d 783
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-015 - PREHEARING CONFERENCES

Current through June 17, 2024
The Board may, at its descretion and with adequate notice to
				  the parties thereto, order informal prehearing conferences for the purpose of
				  narrowing the issues involved in the dispute and exploring the possibility for
				  a voluntary settlement of the disputed matter between the parties. Any
				  agreement or stipulation entered into by the parties or their attorneys shall
				  be reduced to writing, signed by the parties or their attorneys, and made a
				  part of the record of the disputed matter; PROVIDED THAT, the Board will not be
				  bound by such stipulation or agreement unless the same has been approved by
				  order of the Board.
ANNOTATION
ENABLING LEGISLATION: 84-909, R. R. S., 1943; Supreme Court
					 - Weiner v. State Real Estate Commission, 184 Neb. 752, 171 N.W. 2d 783
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-016 - PROCEDURE FOR HEARINGS

Current through June 17, 2024
All hearings shall be conducted by the Board or by a hearing
				  examiner who will, among other things, open the proceedings, enter into the
				  record the notice of hearing, take appearances, hear the evidence, rule on
				  motions and objections, interrogate, if deemed necessary, any witness and close
				  the proceedings. When hearings are held before the Board, no specified number
				  of Board members are required to be present.
ANNOTATION
ENABLING LEGISLATION: 84-909, R. R. S., 1943; Supreme Court
					 - Weiner v. State Real Estate Commission, 184 Neb. 752, 171 N.W. 2d 683
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-017 - ORDER OF EVIDENCE

Current through June 17, 2024
017.01 Evidence will ordinarily be received
				in the following order:
017.01a Applicants or
				complainants
017.01b Protestants
				and respondents
017.01c
				Intervenors
017.01d Board
				staff
017.01e
				Rebuttal
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-018 - OPENING STATEMENTS: ORAL ARGUMENTS: BRIEFS

Current through June 17, 2024
Opening statement and oral argument following the close of
				  presentation of evidence will not be permitted unless specifically requested by
				  the Board or its hearing examiner. Any party wishing to submit a brief of the
				  matter presented at any hearing may do so.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-019 - MOTIONS FOR CONTINUANCE

Current through June 17, 2024
Any party who desires a continuance shall file a motion in
				  writing with the Board stating the reasons why such continuance is necessary.
				  For good cause shown, the Board may grant a continuance and may at any time
				  order a continuance on its own motion.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-020 - MAILING OF ORDERS OF THE BOARD

Current through June 17, 2024
All orders of the Board, following the close of any
				  contested hearing shall be transmitted to-the parties of record by certified
				  mail. All other orders will be sent by regular course of mail. Motion for
				  rehearing shall be filed within ten (10) days after the date of mailing a copy
				  of the order by the Board to the party appealing and shall comply with Section
				  75-137(2),
				  R. R. S., 1943, as amended.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-021 - APPEALS

Current through June 17, 2024
Any party may appeal from an order of the Board to the
				  Nebraska Supreme Court as provided by law. The party appealing shall file a
				  praecipe with the Board requesting a transcript of pleadings filed in the
				  action from which the appeal is being perfected. The evidence as certified by
				  the Court reporter and the Executive Director of the Board as a true bill of
				  exceptions, accompanied by- the pleadings contained in the transcript, shall
				  constitute the complete record. The Executive Director of the Board will
				  indicate on the transcript the appellant and appellee.
The appellant may in the alternative specify in the praecipe
				  that less than all of such evidence be included in the bill of exceptions; such
				  emission may be made only with the approval of the interested parties. The
				  Executive Director of the Board shall forthwith deliver a copy of the praecipe
				  with the attachments and endorsements thereon to the court reporter and to the
				  Clerk of the Supreme Court.
The parties involved may amend the bill of exceptions by
				  written stipulation which shall be attached to the bill of exceptions at any
				  time prior to the time the matter is submitted to the Nebraska Supreme Court.
				  This must be done in accordance with the existing statute.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-022 - CONSOLIDATION

Current through June 17, 2024
Where two or more proceedings are legally or factually
				  reiatea, they may be heard and considered together on a consolidated record,
				  unless any party would be prejudiced thereby. Notice shall be given not less
				  than twenty days prior to hearing.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-023 - EVIDENCE

Current through June 17, 2024
The Board is not bound to follow the technical common law
				  rules of evidence. Evidence shall be admissable which possesses probative value
				  commonly accepted by reasonable men in the conduct of their affairs. Evidence
				  which is cummulative or repetitious may be excluded by the Board or hearing
				  examiner. Provided, however, the Nebraska Power Review Board shall be governed
				  by the statutes governing the administrative agencies of the State of Nebraska,
				  Chapter 84, Article 9 of the Revised Statutes of the State of
				  Nebraska.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-024.03

Current through June 17, 2024
Any party desiring to introduce into evidence any part or
				  parts of the official files shall obtain copies thereof in advance of the
				  hearing.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-024.04

Current through June 17, 2024
Upon demand by the opposing parties, any party proposing to
				  introduce exhibits into evidence in any proceeding before the Board shall
				  furnish copies of exhibits requested to said opposing party. Upon proof of
				  demand to furnish and failure to supply the said exhibit, it will be excluded
				  from the hearing unless good and sufficient reason be shown by the party
				  offering the same for the failure to furnish said exhibit to the party
				  demanding the same.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-024.05

Current through June 17, 2024
Relevant portions of books, papers, or documents, shall be
				  plainly designated and distinguished from all irrelevant portions before the
				  relevant material may be offered into evidence. Where the irrelevant material
				  in the book, paper or document is voluminous so as to encumber the record, the
				  book, paper or document may be marked for identification and the relevant
				  material read into the record. Upon direction of the Chairman of the Board or
				  the hearing examiner, a true copy of the relevant matter may be received as an
				  exhibit in place of the original, PROVIDED THAT, copies are delivered to all
				  parties of record and such parties are afforded an opportunity to examine the
				  original from which the same may have been taken.
ANNOTATION
ENABLING LEGISLATION: 84-909, R. R. S., 1943; Supreme Court
					 Weiner v. State Real Estate Commission, 184 Neb. 752, 171 N.W. 2d 783
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-025 - SUBPOENAS

Current through June 17, 2024
Subpoenas requiring the attendance of witnesses will be
				  issued by the Board, through the Executive Director of the Board or such person
				  designated by the Board, upon written application of any party, or on order of
				  the Board. Subpoenas for the production of papers, books or documents, unless
				  directed by the Board, will be issued only upon application in writing. The
				  subpoenas shall be served in the manner provided by law. All parties directed
				  to produce such papers, books or documents shall deliver the same at the time
				  and place specified by the Board to the Executive Director or other designated
				  employee or agent of the Board.
ANNOTATION
ENABLING LEGISLATION: 70-1017, R. R. S., 1943
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-026 - DEPOSITIONS

Current through June 17, 2024
026.01 Depositions used in proceedings before
				the Board are governed by the following rules:
026.01a All depositions within this state
				shall be taken at least ten (10) days prior to the date of the hearing, and all
				depositions outside of this state shall be taken at least fifteen (15) days
				prior to the hearing date except for good cause shown in writing.
026.01b Depositions shall be taken in
				accordance with the rules of civil procedure.
026.01c The official taking the deposition
				shall promptly seal the same along with all exhibits in an envelope, endorsed
				with the title of the proceeding, and send the same by registered mail to the
				Executive Director of the Board. The deposition shall reach the Board, except
				for good cause shown, at least three (3) days prior to the date of hearing at
				which it is to be offered as evidence The party taking the deposition shall
				give prompt notice of its filing to all parties of record.
Nebraska Administrative Code › Topic - POWER REVIEW BOARD › Title 285 - NEBRASKA POWER REVIEW BOARD › Chapter 3 - RULES OF PRACTICE AND PROCEDURE BEFORE THE NEBRASKA POWER REVIEW BOARD › Section 285-3-027 - INTERROGATORIES

Current through June 17, 2024
027.01 Written interrogatories may be served
				by any party to any proceeding before the Board upon any adverse party, with
				due regard to the time limits as hereinafter set forth, at any time prior to
				the hearing. No order of the Board shall be required in such matters. All
				interrogatives shall be signed separately and fully in writing under oath, and
				the answer shall be signed by the person making them. In the event that an
				objection for good cause is offered to any question propounded, the answer
				shall be deferred until the objection is determined. In propounding written
				interrogatories, the parties will follow the rules as hereinafter set forth, to
				wit:
027.01a The original copy of said
				interrogatories will be filed with the Board, together with an affidavit
				showing service by certified mail or delivery in person to the party or
				attorney of record to whom said interrogatories have been propounded. Said
				affidavit shall show the date of service proceedings, the Board shall not be
				bound by any strict rules of procedure except that any party called to appear
				shall have the right to be heard on any point raised in the
				investigation.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS › Section 95-1-001 - General Information

Current through June 17, 2024
001.01
Statutory Authority
Section
				  79-869
				  of the Revised Statutes of Nebraska (R.R.S.) requires that the Professional
				  Practices Commission adopt rules and regulations for the performance of its
				  functions as set forth in Section
				  79-859
				  through
				  79-871
				  R.R.S. Section
				  79-868
				  R.R.S. provides that the State Board of Education may request that the
				  Commission conduct hearings on Petitions filed by the Commissioner of Education
				  and make recommendations to the Board concerning violations of standards of
				  professional ethics and practices by holders of public school
				  certificates.
001.02
Scope and Application of this Chapter
This Chapter contains the procedures used by the Commission
				  to hold hearings and make recommendations to the Board concerning alleged
				  violations of standards of professional ethics and practices pursuant to
				  Section
				  79-868
				  R.R.S. and Title 92, Nebraska Administrative Code, Chapter 27. The rules of
				  this Chapter shall apply to all proceedings before the Commission unless
				  otherwise specifically provided in the context of an individual
				  rule.
001.03
Related Regulations
Procedures for hearings and recommendations to the Board
				  concerning violations of standards of professional ethics and practices by
				  holders of nonpublic school certificates are contained in 92 NAC 28. Procedures
				  for the reinstatement of a public school certificate are contained in 95 NAC 2.
				  Procedures for the reinstatement of a nonpublic school certificate are
				  contained in 92 NAC 29.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS › Section 95-1-002 - Definitions

Current through June 17, 2024
The following definitions shall apply herein:
002.01 Administrator
Any holder of a public school certificate for administration
				  and supervision issued pursuant to 92 NAC 21.
002.02 Admonishment
A private sanction to a certificate holder that further
				  violations of standards of professional ethics or practices may result in more
				  serious action, including the suspension or revocation of a
				  certificate.
002.03 Board
The Nebraska State Board of Education
002.04 Commission
The Nebraska Professional Practices
				  Commission
002.05
				Commissioner
The Nebraska State Commissioner of
				  Education
002.06 Petitioner
The Nebraska State Commissioner of Education or an
				  individual seeking reinstatement of a revoked public school certificate as
				  provided in 95 NAC 2.
002.07
				Reprimand
A public sanction criticizing or rebuking a certificate
				  holder for violations of standards of professional ethics or
				  practices.
002.08 Respondent
An individual charged in a Petition with violating standards
				  of professional ethics or practices as contained in 92 NAC 27 or the
				  Commissioner when an individual is seeking reinstatement of a revoked public
				  school certificate as provided in 95 NAC 2.
002.09 Revocation
A public sanction withdrawing or canceling a certificate
				  holder=s certificate(s) for a certain period of time. At the expiration of the
				  revocation period, the former certificate holder may apply for reinstatement in
				  accordance with 95 NAC 2.
002.10 Special Services Counselor
Any holder of a public school special services counseling
				  certificate issued pursuant to 92 NAC 21.
002.11 Suspension
A public sanction withdrawing or canceling a certificate
				  holder=s certificate(s) for a certain period of time. Each certificate is
				  automatically reinstated at the expiration of the suspension period if the
				  certificate(s) did not expire during the period of suspension. If the
				  certificate(s) expired during the period of suspension, a new certificate may
				  be obtained by making application and meeting the certification requirements in
				  force at the time of application.
002.12 Teacher
Any holder of a public school certificate for teaching issued
				  pursuant to 92 NAC 21.
Nebraska Administrative Code › Topic - PROFESSIONAL PRACTICES COMMISSION › Title 95 - NEBRASKA PROFESSIONAL PRACTICES COMMISSION › Chapter 1 - TEACHER AND ADMINISTRATOR PROFESSIONAL PRACTICES HEARINGS › Section 95-1-003 - The Petition

Current through June 17, 2024
003.01
Filing
A Petition may be filed by the Commissioner if he or she
				  finds probable cause to pursue disciplinary action against a teacher,
				  administrator, or special services counselor. Upon filing of the Petition with
				  the Commission, the case shall be assigned a case number.
003.02
Form of
				Petition
The Petition shall comply with Rule
003.032A
through
003.02G
and
				  be prepared in substantially the form set forth in Appendix A.
003.02A The venue shown as :BEFORE THE
				NEBRASKA PROFESSIONAL PRACTICES COMMISSION
003.02B A heading captioned (Name),
				COMMISSIONER OF EDUCATION, PETITIONER;
003.02C The full name, address, telephone
				number, and social security number, if known, of the Respondent;
003.02D The type, rank, level, endorsements,
				and expiration dates of certificate(s) held by Respondent;
003.02E A concise statement of fats which the
				Commissioner believes constitutes a violation of professional ethics and/or
				practices;
003.02F The provision(s)
				of statute or rule which are alleged to be violated;
003.02G The name of the school or school
				district, if any, currently employing the Respondent.