reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 6 - REAPPRAISAL OF AGRICULTURAL LEASES › Section 97-6-004 - Fieldmen Reports

Current through June 17, 2024
The fieldmen shall make their reports in the form of
				  detailed plats with complete explanations which shall be filed with the Board
				  of Educational Lands and Funds.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 6 - REAPPRAISAL OF AGRICULTURAL LEASES › Section 97-6-005 - Land Classified According to Productive Capability

Current through June 17, 2024
Land shall be classified according to its productive
				  capability in relation to the productive capability of all land within the
				  county.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 6 - REAPPRAISAL OF AGRICULTURAL LEASES › Section 97-6-006 - Rent Schedule According to Classification And Other Factors

Current through June 17, 2024
The Board shall adopt a rental schedule according to
				  classification in such county. In arriving at such schedule of valuation, the
				  Board shall consider the sale price and the average crop production of other
				  lands in the county, the rental value of other lands similarly situated, and
				  any other relevant factors bearing upon the valuation of such educational
				  lands.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 6 - REAPPRAISAL OF AGRICULTURAL LEASES › Section 97-6-007 - Schedule of Valuations Filed with County Treasurer

Current through June 17, 2024
After the adoption of a new schedule of valuations, as
				  provided by law such schedule of valuations, together with a tabulation of the
				  valuation and the amount of semi-annual rental of each lease shall be filed in
				  the office of the county treasurer of such county not less than ninety days
				  prior to the effective date of said new schedule of
				  valuations.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 6 - REAPPRAISAL OF AGRICULTURAL LEASES › Section 97-6-008 - Notice

Current through June 17, 2024
Notice of such filing shall be given by one publication in a
				  newspaer of general circulation published within the county or, if more than
				  one newspaper of general circulation is published in the county, then in two of
				  such newspapers. If no newspaper is published in the county, it shall be so
				  published in a newspaper of general circulation therein. The Board shall
				  further advise each lessee by mailing to his last address of record a letter or
				  postal card notifying him of the amount of his semi-annual
				  rental.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 6 - REAPPRAISAL OF AGRICULTURAL LEASES › Section 97-6-009 - Effective Date of New Schedule

Current through June 17, 2024
Such new schedule shall become effective upon the first
				  semi-annual rental due date, which is ninety days or more from the date of the
				  filing of the schedule in the office of the county treasurer, unless within
				  forty-five days from the date of publication of notice a petition signed by at
				  least twenty-five percent of the lessees in counties having less than one
				  hundred leaseholders, or twenty-five of the lessees in counties having one
				  hundred or more leaseholders within the county, requesting a hearing be filed
				  in the office of the Board of Educational Lands and Funds.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 6 - REAPPRAISAL OF AGRICULTURAL LEASES › Section 97-6-010 - Hearings

Current through June 17, 2024
Upon receipt of the petition bearing the requisite number of
				  signatures as required by Nebraska Revised Statutes 1943, Section
				  72-205.03,
				  the Board of Educational Lands and Funds shall appoint an examiner in
				  accordance with Chapter 10, Section 002
et
.
seq
.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 7 - IMPROVEMENTS OF EDUCATIONAL LANDS › Section 97-7-001 - Procedure

Current through June 17, 2024
Prior to placing or making any improvement on educational
				  land, written approval must be obtained from the Board with the following
				  regulations first being met.
001.01 A
				written request for the improvement must be submitted to the Board for their
				consideration on the forms furnished by this office.
001.02 If written approval for the
				improvement is given by the Board, the lessee will be required to sign an
				Improvement Agreement form in which he agrees to certain stipulations that are
				applicable to that particular improvement. (For further explanation see the
				following list of stipulations.)
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 7 - IMPROVEMENTS OF EDUCATIONAL LANDS › Section 97-7-003 - Emergency Approval of Improvement Requests

Current through June 17, 2024
003.01 The Secretary
				of the Board has authority to approve emergency requests for livestock wells
				and livestock watering facilities.
003.02 The Secretary's action must be
				confirmed by the Board at their next regular meeting.
003.03 Upon receiving emergency approval from
				the Secretary the lessee may proceed with the constructing or establishment of
				the improvement with the understanding, however, that all other rules
				pertaining to a normal improvement request as heretofore listed must be
				complied with.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 7 - IMPROVEMENTS OF EDUCATIONAL LANDS › Section 97-7-004 - Removal

Current through June 17, 2024
Appraisable permitted improvements which the lessee has the
				  right to, and does, elect to remove in lieu of either accepting the appraised
				  valuation thereof or transferring ownership thereof to the new lessee, and all
				  other items of property which the lessee has the right to, and does, elect to
				  remove in lieu of transferring ownership thereof to the new lessee shall be
				  removed from the land (1) within one month after expiration of the lease if the
				  lease ends by expiration, (2) within one month after termination of the lease
				  if the lease ends other than by expiration, (3) within two months after the
				  date upon which the land, or a new lease thereof, is offered for sale at public
				  auction if the lease ends by expiration, or (4) within any extension of time
				  granted by the Board, whichever of the applicable is later. If the lessee
				  desires additional time to remove any item, the lessee shall present to the
				  Board a written request for an extension of time specifying, with respect to
				  each item of property to which such request pertains, the additional time
				  requested and the reasons for such request. Such request must be so presented
				  within the initial time period within which removal is permitted and shall be
				  submitted to the Board for its consideration and such action as the Board deems
				  appropriate in its sole and absolute discretion. Any extension of time granted
				  by the Board shall be in writing and signed by an authorized representative of
				  the Board. The Executive Secretary is authorized to grant on behalf of the
				  Board any extension of time not exceeding one month in duration which he deems
				  appropriate in his sole and absolute discretion with respect to any specific
				  item of property. Provisions of Educational Land Leases requiring the immediate
				  vacation and surrender of the premises upon the expiration or termination
				  thereof apply and remain in full force and effect notwithstanding these
				  provisions pertaining to the removal of items of property which grant only a
				  limited right of entry upon the premises for the sole and only purpose of
				  expeditiously accomplishing such removal and do not grant any other, different,
				  additional or greater rights to the lessee specifically including, but not
				  limited to, any rights to hold over upon, or use, the premises to any extent at
				  any time, or for any periods of time, for any other purpose, or purposes,
				  whatosever.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 7 - IMPROVEMENTS OF EDUCATIONAL LANDS › Section 97-7-005 - Time Limit on Construction of Improvement

Current through June 17, 2024
The construction or establishment of improvements on
				  educational land must take place within one year of the date of Board approval
				  except that in a Great Plains Contract the improvement must be completed
				  according to the date specified in the Contract.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 7 - IMPROVEMENTS OF EDUCATIONAL LANDS › Section 97-7-006 - Valuation of improvements

Current through June 17, 2024
The appraised valuation, or value to the land, of any
				  appraisable permitted improvement shall be the amount it adds or contributes to
				  the land but shall not exceed the smallest of the following:
006.01 The difference between the amount for
				which the land would sell with the improvement and the amount for which the
				land would sell without the improvement.
006.02 Its replacement cost less any
				depreciation, obsolescence and want of benefit to the land.
006.03 The amount determined in accordance
				with any requirements applicable thereto contained in Section 2 of this RULE
				7.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 7 - IMPROVEMENTS OF EDUCATIONAL LANDS › Section 97-7-007 - Ownership

Current through June 17, 2024
All items of property of the following classes,
				  classifications and categories are and shall become property of the land owned
				  by the School Trust and no lessee will be compensated for the same:
007.01 Permitted improvement approved
				pursuant to subsection 002.05 of Chapter 7.
007.02 Appraisable permitted improvements
				which the lessee has the right to, and does, elect to remove or to transfer the
				ownership thereof to the new lessee and all other items of property which the
				lessee has the right to remove or to transfer the ownership thereof to the new
				lessee but which the lessee (1) does not remove with the time, or times,
				specified in Section 4 of Chapter 7, and (2) also does not transfer the
				ownership thereof to the new lessee within the time, or times, specified in
				Section 4 of Chapter 7 for removal thereof.
007.03 All permitted improvements with
				respect to which there is any violation of, or failure to comply with, any of
				the requirements pertaining thereto including, but not limited to, any
				requirements applicable thereto contained in Section 2 of Chapter 7.
007.04 All non-permitted
				improvements.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 8 - SOIL CONSERVATION PRACTICES ON EDUCATIONAL LANDS › Section 97-8-001 - Conservation Program

Current through June 17, 2024
All farm and ranch operations on leased educational lands
				  shall be carried on in accordance with the conservation program of the Soil
				  Conservation District in which the land is located.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 8 - SOIL CONSERVATION PRACTICES ON EDUCATIONAL LANDS › Section 97-8-002 - Lessee Requirements

Current through June 17, 2024
Each lessee of educational land is required to make
				  application to his district for a farm or ranch conservation plan and enter
				  Into cooperative agreements with said district concerning his educational land
				  and must carry out the program of conservation operations as recommended by the
				  Soil Conservation District. (Nebraska Revised Statutes Sec.
				  72-1304
				  ). Prior to the construction of any improvement, the lessee must request Board
				  approval and receive written Board approval for each improvement. A copy of the
				  attached "Cooperative Agreement" was adopted by the Board on October 12,
				  1970.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 8 - SOIL CONSERVATION PRACTICES ON EDUCATIONAL LANDS › Section 97-8-003 - Costs of Conservation Program

Current through June 17, 2024
When a conservation plan is adopted, the lessee shall be
				  responsible for the cost of carrying out the plan. The Board, however, upon
				  request from the lessee, may authorize an adjustment in rental for the period
				  that the land would be taken out of production.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 8 - SOIL CONSERVATION PRACTICES ON EDUCATIONAL LANDS › Section 97-8-004 - Outside of Soil Conservation Districts

Current through June 17, 2024
Where educational lands are located outside the Soil
				  Conservation Districts, farming and ranching operations shall be in accordance
				  with the conservation program of the nearest Soil Conservation District having
				  comparable land conditions, such district to be designated by the State Soil
				  Conservation Committee. Each lessee of such educational lands is required to
				  make application to the State Soil Conservation Committee for assistance in
				  planning and applying conservation measures.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 8 - SOIL CONSERVATION PRACTICES ON EDUCATIONAL LANDS › Section 97-8-005 - Conservation With Educational And Private Lands

Current through June 17, 2024
That the Board agree to permit the combination of
				  educational lands with privately owned lands under the current farm program,
				  with the Executive Secretary to review and approve the Farm Reconstitution
				  Agreement and by so doing make the action a part of the permanent
				  record.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 8 - SOIL CONSERVATION PRACTICES ON EDUCATIONAL LANDS › Section 97-8-006 - Great Plains Soil Conservation Program

Current through June 17, 2024
006.01 That the
				Board encourages soil conservation programs on educational lands and is anxious
				to cooperate with the Soil Conservation Service through the Great Plains
				Program.
006.02 That all proposed
				Great Plains Contracts and modifications thereof shall be submitted to the
				Board for approval or disapproval and written notice of the action of the Board
				on each proposed contract shall be furnished to the lessee, and to the District
				and State offices of the Soil Conservation Service.
006.03 Prior to consideration of the proposed
				contract by the Board, the lessee shall be required to submit to the Board a
				complete signed inventory of all Improvements located on the land, together
				with a statement of the date of installation of each improvement.
006.04 When a contract calls for practices
				which involve a cost to the lessee, the lessee shall be responsible for such
				cost. The Board, however, upon request from the lessee, may authorize an
				adjustment in rent for the period that the land would have taken out of
				production.
006.05 In the event a
				lease is cancelled or forfeited and a new lease is offered, the Board shall
				make completion of the Great Plains Contract a condition of the new
				lease.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 8 - SOIL CONSERVATION PRACTICES ON EDUCATIONAL LANDS › Section 97-8-007 - Rental On Fall-Seeded Crops

Current through June 17, 2024
007.01 In the event
				that leases are to be sold to a new lessee on educational lands upon which the
				former lessees have elected to harvest fall-seeded growing grain crops, the
				former lessees shall hereafter be informed that they will be charged rental on
				the acres occupied by said crops for the entire year in which the harvest takes
				place.
007.02 Any lessee electing
				not to harvest a fall-seeded crop shall be given credit as a compensable
				improvement for only the cost of seed bed preparation, seeding, seed, and
				fertilizer.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 9 - CONDEMNATION › Section 97-9-001

Current through June 17, 2024
Any public body, pursuant to Nebraska Revised Statutes,
				  1943, Sec.
				  72-213
				  through 226 Inclusive, has the authority to acquire educational lands for
				  public use. Said public body is required to condemn the interest of the state
				  in the educational lands, as trustee for the public schools
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 9 - CONDEMNATION › Section 97-9-002 - Procedure

Current through June 17, 2024
Procedure; before the appraisal proceedings can be presented
				  to the Board of Appraisers, the following items must be submitted to the
				  Secretary of the Board of Educational Lands and Funds.
002.01 Application for Condemnation
002.02 A plat and complete
				description of land to be acquired.
002.03 An offer by the condemner for lands to
				be acquired.
002.04 Lessee's
				Statement or Request Form
Stating that the lessee's claim against the condemner for
				  damages to crops and other property owned by the lessee has been or will be
				  settled without a hearing before the Board of Appraisers; or listing the
				  damages requesting a finding by the Board as to the interest, if any, of the
				  lessee.
002.05 For county
				boards acquiring land to construct, reconstruct, improve, relocate, or
				maintaining a county road, a certificate that the taking of such land is in the
				public interest must be obtained from the Governor and from the Department of
				Roads, and be filed in the office of the Auditor of Public Accounts and a copy
				thereof in the office of the Board of Educational Lands and Funds.
002.06 Upon completion of subsection 002.01
				through 002.05, a representative of the Board of Educational Lands and Funds
				will inspect and appraise the property in the condemnation
				application.
002.07 After the
				appraisal is approved by the Board of Educational Lands and Funds, the
				appraisal and offer will be presented at a hearing of the Board of Appraisers
				for their consideration.
002.08 The
				condemner will be notified of the date of the hearing which will not be less
				than ten days.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 9 - CONDEMNATION › Section 97-9-003

Current through June 17, 2024
The condemner and the Board of Educational Lands and Funds
				  may present evidence before the Board of Appraisers. The Board of Appraisers
				  shall have the power to administer oaths and subpoena witnesses at the request
				  of either party or on its own motion. After hearing the evidence, the Board of
				  Appraisers shall make the award and file same in the office of the Board of
				  Educational Lands and Funds.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 9 - CONDEMNATION › Section 97-9-004

Current through June 17, 2024
Payment and Transfer; Upon payment of the amount of the
				  award by the condemner, the Secretary of the Board of Educational Lands and
				  Funds will transmit a certified copy of the award to the condemner for filing
				  in the office of the Register of Deeds in the county or counties where the land
				  is located. The filing of such certified copy of the award shall have the force
				  and effect of a deed of conveyance of the real estate and shall constitute a
				  transfer of title thereto.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 10 - PRACTICE AND PROCEDURE BEFORE THE BOARD OF EDUCATIONAL LANDS AND FUNDS › Section 97-10-001 - General

Current through June 17, 2024
001.01 Scope and
				Application
These rules shall govern practice and procedure in all
				  actions filed pursuant to Section
				  72-205
et. seq.
R.S., Neb., 1943 (Reissue of 1971). Practice
				  and procedure involving this Agency is also governed by the applicable Revised
				  Statutes of Nebraska and the decisions of the Nebraska Supreme Court. In the
				  absence of a specific rule or order of this Agency the statutory rule and
				  practice pertaining to proceedings in the District Court of the State shall be
				  applicable, excluding prehearing conferences.
001.02 Correspondence
All correspondence and filings shall be addressed or
				  delivered to the State of Nebraska, Board of Educational Lands and Funds, P.O.
				  Box 94986, Lincoln, Nebraska 68509. Each piece or correspondence shall embrace
				  only one subject, should clearly state the subject involved, and shall include
				  the name and address of the sender.
001.03 Weekends And Holidays
No official acts shall be required to be performed on any
				  Saturday, Sunday or legal holiday. When a filing of a pleading or the doing of
				  any act is required on or before a certain date which falls on one of these
				  days, the time for filing said pleading or doing said act shall be extended to
				  the next working day.
001.04
				Rules - Copies
Copies of these rules of practice and procedure will be
				  available for public distribution at the Board of Educational Lands and Funds
				  office. They shall be distributed to interested parties for a fee of $ 1.50 per
				  copy.
001.05 Forms - Copies
Copies of any forms referred to in this body of rules shall
				  be made available, upon request, by the Board.
001.06 Definitions
As used in these rules of practice and procedure, the
				  following definitions shall apply unless, the context to be intelligible or
				  prevent absurdity otherwise requires:
001.06A Pleadings shall mean any written
				application, petition, protest, complaint, answer or motion used in any
				proceedings pursuant to Section
				72-205
				-03, R.S., Neb., 1943 (Reissue of 1971).
001.06B Proceedings shall mean all matters
				formally made in connection with any application or petition filed pursuant to
				Section
				72-205.03,
				R.S., Neb., 1943, (Reissue of 1971).
001.06C Agency shall mean the Board of
				Educational Lands and Funds of the State of Nebraska.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 10 - PRACTICE AND PROCEDURE BEFORE THE BOARD OF EDUCATIONAL LANDS AND FUNDS › Section 97-10-003 - Commencement of Proceedings

Current through June 17, 2024
003.01 Filing of
				Petition
In order to protest a new rental schedule in any individual
				  county, a signed petition must be received in the office of the Board of
				  Educational Lands and Funds by 1700 hours of the 45th day from the date of
				  publication of the notice that a new schedule is to take effect; said petition
				  must request that a hearing be held pursuant to Section
				  72-205.02;
				  and, the petition must be signed by (1) at least twenty-five percent of the
				  lessees in counties having less than 100 leaseholders, or (2) twenty-five of
				  the lessees in counties having 100 or more leaseholders within said
				  counties.
003.02 Formal
				Petition
Within thirty days after filing the petition required in
				  Section 003 of Chapter 10, a formal petition must be filed with the Board of
				  Educational Lands and Funds setting forth all issues contemplated by the
				  lessees of the affected counties.
003.03 Formal Answer
Within thirty days after filing the formal petition by the
				  petitioning lessees, Counsel for the Board of Educational Lands and Funds must
				  file an answer with the Hearing Examiner, which answer shall be incorporated
				  with the pleadings.
003.04
				Hearing Examiner
Upon being appointed as Hearing Examiner pursuant to Chapter
				  10, subsection 002.01, said Hearing Examiner will become the custodian of all
				  pleadings filed under Chapter 10, Section 003; and said pleadings shall be
				  turned over to the Hearing Examiner upon receipt thereof in the office of the
				  Board of Educational Lands and Funds.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 10 - PRACTICE AND PROCEDURE BEFORE THE BOARD OF EDUCATIONAL LANDS AND FUNDS › Section 97-10-004 - Pre-Conference Hearing Procedures

Current through June 17, 2024
004.01 Stipulations
It is expected that all parties prior to the hearing will
				  stipulate to evidence to the fullest extent to which complete or qualified
				  agreement can be reached including all material facts that are not or should
				  not fairly be in dispute.
004.02 Pre-Trial Conferences
Any party may request that an informal conference be held
				  with a view to resolving issues of fact or otherwise assisting in preparation
				  for a formal hearing or possible disposition of the case in whole or in part
				  without a hearing. Said conference shall take place in the presence of the
				  Hearing Examiner in the office of the Board of Educational lands and Funds,
				  unless otherwise agreed.
004.03 Motions
The Hearing Examiner shall entertain only the following
				  motions prior to the hearing:
1.
				Motion for continuance
2. Motion
				for dismissal
3. Motion for
				disqualification of Hearing Officer
While the above listed motions must be heard by the Hearing
				  Examiner, other motions may be heard upon agreement by the parties. All motions
				  prior to hearing will be heard in the office of the Board of Educational Lands
				  and Funds, unless otherwise agreed.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 10 - PRACTICE AND PROCEDURE BEFORE THE BOARD OF EDUCATIONAL LANDS AND FUNDS › Section 97-10-005 - Hearing

Current through June 17, 2024
005.01 General
All hearings conducted pursuant to these rules will conform
				  generally with the trial procedure in the District Courts of the State of
				  Nebraska.
005.02 Motions
The Hearing Examiner may entertain any motion prior to or
				  during the hearing; it shall be within the discretion of the Hearing Examiner
				  to rule on motions immediately or to take them under advisement and proceed
				  with the hearing; any motion taken under advisement will be ruled on within two
				  weeks following completion of the hearing, and all parties will be advised as
				  to the Hearing Examiner's ruling.
005.03 Opening Argument
Any party wishing to make an opening argument for the record
				  may do so.
005.04
				Presentation of Evidence
It shall be incumbent upon the petitioning lessees to
				  present their case first, whereupon the Board of Educational Lands and Funds
				  shall present its case. Rebuttal witnesses may be allowed in the discretion of
				  the Hearing Examiner.
005.05
				Hearing Examiner's Evidence
The Hearing Examiner shall have discretion to call any
				  witnesses he desires after both parties have rested. In the event the Hearing
				  Examiner's witnesses present new evidence, an opportunity for rebuttal will be
				  allowed either party.
005.06
				Closing Arguments
Any party wishing to make a closing argument for the record
				  may do so.
005.07 Legal
				Briefs
The Hearing Examiner is authorized by these rules to require
				  legal briefs to be filed within thirty days of the conclusion of the hearing by
				  both parties. Said briefs shall direct their attention to the legal issues set
				  forth in the pleadings.
005.08 Findings And Recommendations By
				Hearing Examiner
The Hearing Examiner shall file his findings and
				  recommendations with the Board of Educational Lands and Funds as soon as is
				  conveniently possible, and shall serve a copy thereof to all attorneys of
				  record or other designated representative.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 11 - ASSIGNMENTS › Section 97-11-006 - Qualifications

Current through June 17, 2024
No assignment of a lease will be approved unless the
				  assignee is a person who would qualify as an original lessee. If there is more
				  than one assignee, each one must meet the requirements of eligibility to hold
				  an educational land lease.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 11 - ASSIGNMENTS › Section 97-11-007 - Reclassification And Reappraisal

Current through June 17, 2024
Whenever an application for assignment is made, the land may
				  be subject to reclassification or reappraisal at the discretion of the
				  Board.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 11 - ASSIGNMENTS › Section 97-11-008 - Assignee Improvements

Current through June 17, 2024
All improvements constructed, installed, or established on
				  the lease while in the possession of the assignee shall become property of the
				  State of Nebraska unless written permission is obtained from the Board of
				  Educational Lands and Funds to construct, install, or establish such
				  improvements.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 11 - ASSIGNMENTS › Section 97-11-009 - Conservation, Agreement

Current through June 17, 2024
The assignee of an educational land lease must cooperate
				  with the local Soil Conservation District and must carry out the program of
				  conservation operations upon the school land in accordance with the rules and
				  regulations of the Board. All conservation improvements and operations
				  recommended by the Conservation District must be approved by the Board of
				  Educational Lands and Funds prior to the time such operations or improvements
				  are commenced.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 11 - ASSIGNMENTS › Section 97-11-010 - Assignment Fee

Current through June 17, 2024
A fee of Fifty Dollars ($ 50.00 ) must accompany the
				  application. This fee shall cover costs of administration, filing and
				  recording.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 11 - ASSIGNMENTS › Section 97-11-013 - Death of Lessee; Certificate of Death

Current through June 17, 2024
In the event any or all of the lessees of record should die
				  during the term of their lease, a Certification of Death will be adequate to
				  transfer interest in the lease to the lessee (lessee's)
				  estate.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 11 - ASSIGNMENTS › Section 97-11-014 - Distribution of Lessee's Estate

Current through June 17, 2024
A certified decree from a court of proper jurisdiction
				  distributing the assets of the lessee's estate including any interest on a
				  school land lease will be adequate to transfer said interest in the lease from
				  the lessee's estate to the party or parties denominated meet the eligibility
				  requirements of these rules and regulations.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 11 - ASSIGNMENTS › Section 97-11-015 - Death of Lessee; Rights of Survivorship

Current through June 17, 2024
Should any lessee die holding an educational lease with
				  rights of survivorship, the Death Certificate will be adequate to transfer
				  interest in said lease to the remaining lessee or lessees.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-002 - Application

Current through June 17, 2024
Application to sublease must be made on a form approved by
				  the Board and must be subscribed to under oath by both the lessee and the
				  sublessee. For each lease considered for sublease, a separate application must
				  be submitted.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-003 - Notification

Current through June 17, 2024
A copy of the farm lease or sublease agreement must
				  accompany the application. If the farm lease or sublease agreement should
				  change at any time, the lessee shall notify the Board of such change within 30
				  days.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-004 - Reclassification and Reappraisal

Current through June 17, 2024
Whenever an application to sublease is made, the land shall
				  be subject to reclassification or reappraisal at the discretion of the
				  Board.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-005 - Approval Requirements

Current through June 17, 2024
No sublease shall be approved unless the sublease is also
				  leasing from the lessee other land with substantially enough acreage or value,
				  or unless the improvements owned by the lessee that are on the educational land
				  are of a substantial value to warrant a sublease. The Board will make a
				  determination on each application individually to determine eligibility for a
				  sublease.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-006 - Subleasing Fee

Current through June 17, 2024
A fee of $ 10.00 for filing and recording must accompany the
				  application for subleasing, plus an additional fee of twenty cents ($ 0.20 )
				  per acre for each acre sought to be subleased to defray the expenses involved
				  in the supervision of subleases. The fees shall be refunded if the application
				  is rejected by the Board.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-007 - Subleasing; Inspection Expenses

Current through June 17, 2024
If a field inspection is necessary, all expenses incurred
				  beyond the fee of twenty cents ($ 0.20 ) per acre remitted with application
				  shall be paid by the applicant.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-008 - Subleasing; Time Requirements

Current through June 17, 2024
Applications to sublease educational land shall be made on a
				  year-to-year basis. Applications for renewal shall be made at least thirty (30)
				  days prior to the expiration of an existing, Board approved, sublease
				  period.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-009 - Conservation, Agreement

Current through June 17, 2024
Both lessee and sublessee must be cooperators with the local
				  Soil Conservation District and must carry out the program of conservation
				  operations upon the educational land in accordance with the rules and
				  regulations of the Board. All conservation improvements and operations
				  recommended by the Conservation District must be approved by the Board of
				  Educational Lands and Funds prior to the time such operations or improvements
				  are commenced.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 12 - SUBLEASING › Section 97-12-011 - Subleasing; Requirements

Current through June 17, 2024
All rules, regulations, and covenants which apply to the
				  present lease and lessee shall also be binding on the
				  sublessee.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 13 - MISCELLANEOUS RULES › Section 97-13-002 - Surveyor

Current through June 17, 2024
The Secretary of the Board of Educational Lands and Funds is
				  granted the authority by the Board to request surveys from the State Surveyor
				  to determine location of boundary lines and acres of land within educational
				  land leases when such a survey is necessary to make accurate appraisals or to
				  determine ownership of improvements. The Secretary shall direct such request
				  for survey only when he feels it necessary for the best interest of the
				  Trust.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 13 - MISCELLANEOUS RULES › Section 97-13-003 - Sale of Timber on Educational Lands

Current through June 17, 2024
003.01 Sale of
				timber on educational lands shall be initiated on motion of the Board of
				Educational Lands and Funds.
003.02
				Any timber offered for sale shall be appraised by the Nebraska Forestry Service
				or other qualified party and the appraised value thereof reported to the Board
				of Educational Lands and Funds for its approval.
003.03 Such timber, when approved for sale,
				shall be offered for sale by sealed bid. Such timber shall be sold to the
				highest and best bidder.
003.04
				Requests for bids shall be advertised for two successive weeks in a legal
				newspaper of general circulation within the county where the timber is located.
				The Board may also utilize other methods of advertising as deemed
				necessary.
003.05 Sealed bids shall
				be tendered on a form provided by the Board of Educational Lands and Funds,
				which form may be obtained in the general offices of the Board. The Board
				further reserves the right to reject any and all bids.
003.06 A bid shall constitute an irrevocable
				offer for a period of thirty days from the date the bid is received in the
				office of the Board of Educational Lands and Funds. Upon notification that that
				the offer is accepted a certified check, cashiers check, bank draft, money
				order or cash shall be tendered at the time the contract is awarded.
003.07 The Board of Educational Lands and
				Funds may require the purchaser to furnish bond in such amount as the Board may
				determine, conditioned upon faithful performance of all of the terms of the
				contract.
003.08 The purchaser of
				timber shall be required to remove all branches and other refuse caused by the
				removal of the timber and shall pay all damages accruing to the lessee of such
				lands.
Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 13 - MISCELLANEOUS RULES › Section 97-13-004 - Commercial Billboard Advertising

Current through June 17, 2024
004.01 Expired
				Leases
Educational Lands that have expired agricultural leases, and
				  are located where thy have a commercial value for advertising purposes
Shall be inspected
by a representative of the Board of
				  Educational Lands and Funds
and classified as a
commercial site to reflect the value of such purpose. Separate leases covering
				  the property for agricultural and commercial purposes shall be advertised and
				  offered for sale.
004.02
				Unexpired Leases
004.02A Before any billboards
				are placed on educational lands with unexpired agricultural leases, a sublease
				from the lessee of the educational land to the company of agency desiring to
				use the land for such purpose must be approved by the Board of Educational
				Lands and Funds.
004.02B No
				educational lands held under lease shall be subleased without written approval
				of the Board of Educational Lands and Funds.
004.02C Application to sublease must be made
				on a form approved by the Board and must be subscribed to under oath by both
				the lessee and the sublessee. For each lease considered for sublease, a
				separate application must be submitted.
004.02D Before such sublease application will
				be approved, the lessee will be required to submit a copy of the sublease
				agreement with the amount of money to be paid for the sublease stated therein.
				An inspection of the property shall then be made by a representative of the
				Board of Educational Lands and Funds and classified as a commercial site to
				reflect the value of the land for such purpose. Rental shall be charged to the
				agricultural lessee, accordingly.
004.02E A copy of the Commercial Advertising
				Lease Agreement must accompany the application.
004.02F Whenever an application to sublease
				is made, the land shall be subject to reclassification to reflect commercial
				value.
004.02G A plat showing the
				location of advertising billboards must accompany the application.
004.02H A fee of $ 10.00 for filing and
				recording must accompany the application for subleasing of any educational
				land. The fees will be refunded in the event the application is
				rejected.
004.02I If field
				inspection is necessary, all expenses incurred shall be paid by the
				applicant.
004.02J Applications to
				sublease educational land shall be on a year to year basis unless otherwise
				provided.
004.02K Rental must be
				paid to date before a sublease agreement will be approved.
004.02L All rules, regulations, and
				convenants which apply to the present lease and lessee shall also be binding on
				the sublessee.
004.02M The lessee
				will be held strictly accountable for the observance of all covenants of the
				lease.
Nebraska Administrative Code › Topic - ELECTRICAL BOARD › Title 100 › Rule 1 - Special Electrical Licenses

Current through June 17, 2024
Special Electrician licenses issued by the Board prior to September 9, 1993, shall empower the license holder to engage in the following limited classes of electrical work:
Limited to Fire Alarm Systems
Limited to Air Conditioning and Refrigeration Systems
Limited to Irrigation Systems
Limited to Sign Installer
The following Special Electrician licenses may be issued to engage in the limited classes of electrical work:
Irrigation Systems - Limited to electrical installations from the first point of overcurrent.
Sign Installer - Limited to branch circuit conductors and sign apparatus installation only.
Fire Alarm - Does not qualify the license holder to install the branch circuit supply conductor to the system.
These Special Electrician licenses cannot do any wiring on the line side of the disconnect. 12 hours of continuing education will be required when renewing these licenses.
Nebraska Administrative Code › Topic - ELECTRICAL BOARD › Title 100 › Rule 2 - Board Meetings

Current through June 17, 2024
The members of the State Electrical Board may convene at other such times and at such locations as it may deem necessary for proper and efficient conduct of its duties. State Electrical Board meetings will be conducted in accordance with Sections  84-1408 through  84-1414 of the public meetings act.
Nebraska Administrative Code › Topic - ELECTRICAL BOARD › Title 100 › Rule 4 - License Revocation Hearings

Current through June 17, 2024
1. Definitions:
(1) The term "Board" means the State Electrical Board.
(2) The term "License Revocation Hearing" means case resulting from a charge filed under Section  81-2104(6)  and includes any case resulting by order of the Board on its own motion to show cause why disciplinary action under such section should not be invoked.
Nebraska Administrative Code › Topic - ELECTRICAL BOARD › Title 100 › Rule 6 - Appeals

Current through June 17, 2024
1. Definitions:
2. Institution of appeal:
(1) 81-2141 (1) Any person aggrieved by a condemnation or disconnection order issued may appeal from the order by filing a written notice of appeal with the Board within ten days after the date the order was served upon the owner or within ten days after the order was filed with the Board, whichever is later.
(2) Such an appeal will show the venue, and state "Before the Nebraska State Electrical Board" and be entitled, "In the Matter of" (specifying the name and address of the petitioner and the subject matter); will state the name and location of the project and inspection number, plus, in ordinary and concise language, without repetition, the reasons for such appeal, be signed by the petitioner, or a duly authorized officer of the petitioner, if it be a corporation, or for the petitioner by his or her attorney, in which case the attorney will also state his or her address. Each appeal must be accompanied by the original and five copies, which shall be filed with the Board at its place of official business.
Nebraska Administrative Code › Topic - ELECTRICAL BOARD › Title 100 › Rule 7 - Liability Insurance

Current through June 17, 2024
Electrical Contractor, Class A Electrical Contractor, Class B Electrical Contractor, and Class A Master license holders actively engaged in the ownership and operation of an electrical contracting firm shall maintain in force minimum liability insurance in the amount of $100,000 for each person, $300,000 each accident and $100,000 property damage, (revise dollar amounts?)
Except that when more than one Electrical Contractor, Class A Electrical Contractor, Class B Electrical Contractor, or Class A Master license holder is engaged in the ownership and operation of an electrical contracting firm, only one license holder shall be required to maintain liability insurance in force.
Nebraska Administrative Code › Topic - ELECTRICAL BOARD › Title 100 › Rule 8 - Journeyman Applicant Qualifications

Current through June 17, 2024
The Board will grant the allowance of one year's experience credit for successful completion of a two-year post high school electrical course, which is acceptable to the State Electrical Board. A minimum of seven hundred contact hours is the equivalent of one year of instruction.
Electrical Contractor Applicant Qualifications
An applicant for an electrical contractor license examination shall:
1. Be a graduate of a four-year electrical engineering course in an accredited college or university and have at least one year experience, acceptable to the board, as a journeyman electrician; or
2. Have at least one year experience, acceptable to the board, as a licensed journeyman electrician.