reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-009 - Petroleum

Current through June 17, 2024
The department will apply a schedule of reasonable rates developed in
	 accordance with Neb-Rev Stat. §
									66-1518(3)
	  in reviewing all costs for remedial action
	 in an application for reimbursement,
009.01 The reimbursement for remedial action
  costs will in no event exceed the actual costs incurred by the responsible
  person or his or her designated representative.
009.02 The department may require competitive
  bidding for equipment or services.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-010 - Release

Current through June 17, 2024
The department may withhold action on an application during the
	 pendency of an enforcement action by the state or federal government related to
	 the tank or a release from the tank.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-011 - Remedial action

Current through June 17, 2024
The department may deny or reduce as much as one hundred percent (100%)
	 a reimbursement for costs of a remedial action for failure by the responsible
	 person to comply with applicable statutory or regulatory requirements,
	 including the provisions of these regulations.
011.01 Noncompliance issues for which the
  department will consider reimbursement reductions may include, but are not
  limited to, any of the following;
011.01A Tank
  permit and registration requirements.
011.01B Tank design, construction,
  installation, and repair.
011.01C
  Release detection requirements.
011.01D Tank gauging requirements
011.01E Release notification
  requirements.
011.01F Release
  containment.
011.01G Failure to
  clean up past spills and overfills when they occurred.
011.01H Compliance with department standards
  of quality and performance, with department timetables, and with other
  applicable regulations.
011.01I
  Disposal of wastes.
011.01J
  Operator training-Oil.
011.01K
  Product compatibility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-012 - Remedial Action Act

Current through June 17, 2024
The department may require an audit to assure compliance with these
	 regulations. The audit will be limited to persons who have received payments
	 from the fund. The department reserves the right to contract with an
	 independent accounting firm to conduct the audit.
012.01 The recipient's accounting records
  relating to remedial actions are to be made available to the department at the
  time and place of the department's choosing. The audit will include, but not be
  limited to. such tests of the accounting records to determine that:
012.01A Funds were expended in a manner
  consistent with that reported to the department
012.01B Proper equipment inventory records
  exist.
012.01C All necessary
  information needed to determine that costs represented were actually
  incurred.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-013 - Responsible person

Current through June 17, 2024
Within thirty (30) days following receipt of notification of
	 departmental action disapproving any part of an application for reimbursement,
	 the applicant may petition for review of the disapproved portion pursuant
	 to-Title 115 of the Nebraska Administrative Code, chapter 7. Rules of Practice
	 and Procedure.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-014 - Reimbursement for Fixtures and Tangible Personal Property

Current through June 17, 2024
014.01 All fixtures reimbursed by the fund
  which are attached to real property at the time of site closure are owned by
  the responsible person or the property owner, if different from the responsible
  person.
014.02 The department may
  require a responsible person to reuse tangible personal property that was
  previously used in other remedial actions. Such equipment need not be warranted
  by the responsible person.
014.03
  The department will require a warranty on all new remediation equipment for a
  period of one year following the remediation system startup. The department
  will also require a warranty that installation of all equipment, whether it be
  new, used or provided by the Seller, will be done in a workmanlike manner in
  accordance with standard procedures and will perform as designed for a period
  of one year following installation.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 1 - Definitions › Section 138-1-001 - Act

Current through June 17, 2024
As used herein, the term "Act" shall mean the Nebraska Fair
				  Employment Practice Act, Sections
				  48-1101 to
				  48-1126
				  as amended.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 1 - Definitions › Section 138-1-002

Current through June 17, 2024
As used herein, the terms and phrases, "Disability,"
				  "Commission," "Employee," "Privileges," "Employer," "Employment Agency," "Labor
				  Organization," "Person," "Marital Status," "because of sex or on the basis of
				  sex," "harass because of sex," "unlawful under federal law or the laws of this
				  state," "covered entity," "qualified individual with a disability," "reasonable
				  accommodation," "drug," and "illegal use of drugs" and "individual who is
				  pregnant, who has given birth, or who has a related medical condition" shall
				  have the same meaning as set forth in Section
				  48-1102
				  of the Act, as amended.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 1 - Definitions › Section 138-1-003 - Unlawful Employment Practice or Practices

Current through June 17, 2024
As used herein, the term "Unlawful Employment Practice or
				  Practices" shall mean the acts, conduct and matters defined as constituting an
				  unlawful employment practice or practices by Sections
				  48-1104
				  through
				  48-1107
				  of the Act, as amended.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 1 - Definitions › Section 138-1-004 - Chair

Current through June 17, 2024
The term "Chair" shall mean the Chairperson of the Nebraska
				  Equal Opportunity Commission and the term "Commissioner" shall mean any member,
				  including the Vice Chair and the Chair of the Nebraska Equal Opportunity
				  Commission. In the absence of the Chair, the Vice Chair shall have all of the
				  duties, powers and authority conferred upon the Chair by the Act and by these
				  Rules and Regulations. In the absence of the Chair and the Vice Chair, a
				  majority of the Commission shall designate a member of the Commission to serve
				  as the Chair.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 1 - Definitions › Section 138-1-005 - Hearing Officer

Current through June 17, 2024
The term "Hearing Officer" shall mean a Commissioner or an
				  attorney duly licensed to practice law in the State of Nebraska and shall be
				  appointed by the Commission, as hereinafter provided, to conduct a public
				  hearing upon a complaint of an unlawful employment practice or
				  practices.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 1 - Definitions › Section 138-1-006 - Executive Director

Current through June 17, 2024
The term "Executive Director" shall mean an employee of the
				  Commission, selected by, and serving at the will of the Commission as Executive
				  Director, who shall have such duties, powers and authority as may be conferred
				  upon her or him by the Commission, subject to the provisions of the
				  Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 1 - Definitions › Section 138-1-007 - Charge

Current through June 17, 2024
The term "Charge" shall mean a written statement under oath
				  or affirmation, filed with the Commission by a person claiming to be aggrieved,
				  setting forth time, place, and facts of an unlawful employment practice or
				  practices alleged to have been committed by an employer, labor organization, or
				  employment agency (hereinafter referred to as "Respondent").
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 1 - Definitions › Section 138-1-008 - Complaint

Current through June 17, 2024
The term "Complaint" shall mean a written statement under
				  oath or affirmation, issued by the Commission and served upon a Respondent
				  pursuant to a charge, after determination by the Commission that there is
				  reasonable cause to believe the charge is true and after failure to settle or
				  adjust any such charge by conciliation.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 2 - Procedure › Section 138-2-001 - Filing and Withdrawal of Charge

Current through June 17, 2024
2.001.01 Who May File
Any person charging on her or his own behalf to have been
				  personally aggrieved by an unlawful employment practice or practices may make,
				  sign and file with the Commission a charge in writing under the oath or
				  affirmation of the Complainant. A charge may be filed by a legal guardian or an
				  individual with a power of attorney on behalf of another person who claims to
				  be personally aggrieved by an unlawful employment practice or
				  practices.
2.001.02 Form
A charge shall be filed with the Commission. The charge shall
				  be signed by the Complainant or legal guardian or an individual with a power of
				  attorney on behalf of another person who claims to be personally aggrieved by
				  an unlawful employment practice or practices under oath or affirmation before a
				  notary public or other person duly authorized by law to administer oaths or
				  affirmations. The charge may be filed on forms provided by the Commission,
				  blank copies of which will be supplied by the Commission upon request and will
				  be available at the Commission offices. The original charge shall be duly
				  affirmed within three hundred (300) days of the alleged discriminatory act if
				  it was not notarized in its original form. Notarial service will be provided
				  without charge by the Commission.
2.001.03 Contents
A charge shall contain the following:
2.001.03A The full name, address and
				telephone number, if any, of the person making the charge.
2.001.03B The full name, address and
				telephone number, if known, of the Respondent.
2.001.03C A plain and concise statement of
				the facts alleged to constitute an unlawful employment practice or
				practices.
2.001.03D The date and
				place in the State of Nebraska where the alleged unlawful employment practice
				or practices was committed.
2.001.03E A statement as to any other action
				instituted by or on behalf of the Complainant in any other forum, or under the
				grievance or arbitration provisions of a collective bargaining agreement, based
				on the same facts as alleged in the charge, together with a statement as to the
				status or disposition of such other action.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 2 - Procedure › Section 138-2-004 - Complaint; Notice of Public Hearing; Answer

Current through June 17, 2024
2.004.01 Issuance and Service of Complaint
				and Notice of Public Hearing
In case of a determination by the Commission of failure to
				  settle or adjust a charge by conciliation or in case of a determination by the
				  Commission that the Respondent has violated or is violating the terms of
				  settlement and adjustment reached in a conciliation conference and the Order
				  entered pursuant thereto, the Commission shall promptly issue and serve upon
				  the Respondent, by personal service or certified mail, a written complaint,
				  under oath or affirmation, together with a notice of public hearing. A copy of
				  such written complaint and notice of public hearing shall at the same time and
				  in the same manner be served upon all other parties.
2.004.02 Contents of Complaint
The complaint shall be signed by any member of the Commission
				  or by the Executive Director, and shall also be signed by the Complainant under
				  oath or affirmation, and shall contain:
2.004.02A An allegation that the person on
				whose behalf the complaint is issued is a proper Complainant within the meaning
				of the Act.
2.004.02B An allegation
				that the Respondent is an employer, employment agency, or labor organization
				within the meaning of and subject to the provisions of the Act.
2.004.02C An allegation or allegations of the
				Commission of an unlawful employment practice or of unlawful employment
				practices, as alleged in the charge or charges heretofore filed with the
				Commission, and any other alleged discriminatory practice discovered during the
				investigation.
2.004.02D An
				allegation that the charge of an unlawful employment practice or practices was
				timely filed with the Commission and properly served on the
				Respondent.
2.004.02E A statement
				of the relief sought on behalf of the Complainant. The Commission may award
				attorney fees and costs consistent with the Act and applicable case
				law.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 3 - Public Hearings › Section 138-3-001 - Public Hearings and Consolidations of Proceedings

Current through June 17, 2024
3.001.01 Open to Public
A hearing conducted by a Hearing Officer hereunder shall be
				  open to the public.
3.001.02
				Consolidation of Proceedings
Two or more proceedings against the same Respondent arising
				  out of the same set of circumstances, or two or more proceedings by the same
				  Complainant against two or more Respondents arising out of the same set of
				  circumstances, may be consolidated by the Hearing Officer, at his or her
				  discretion, for the purposes of public hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 3 - Public Hearings › Section 138-3-002 - Conduct of Hearing

Current through June 17, 2024
3.002.01 Hearing Officer
The hearing shall be conducted by a Hearing Officer appointed
				  by the Commission.
3.002.02
				Public Hearing Procedure
The Hearing Officer shall conduct the public hearing in
				  accordance with the formal rules of evidence, where consistent with the
				  statutory times in which to conduct the public hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 3 - Public Hearings › Section 138-3-003 - Powers and Duties of Person Conducting Hearing

Current through June 17, 2024
3.003.01 Authority of Hearing Officer
The Hearing Officer conducting the public hearing shall have
				  full authority to control the procedure of the hearing; and, subject to the
				  provisions of the Act and these Rules and Regulations, shall have full
				  authority to admit or exclude testimony or other evidence.
3.003.02 Rulings
The Hearing Officer conducting the hearing shall rule upon
				  all motions or objections made by any party after she or he is appointed to
				  conduct said hearing and prior to the issuance of her or his Recommended Order
				  and Decision.
3.003.03
				Adjournment and Continuation
The Hearing Officer conducting the hearing may continue a
				  hearing from day to day or adjourn it to a later date, by announcement thereof
				  at the hearing or by appropriate notice to all parties.
3.003.04 Participation in the Hearing
The Hearing Officer conducting the hearing may exclude from
				  the hearing room or from further participation in the proceedings any person,
				  other than the Complainant and Respondent, who engages in improper conduct at
				  the hearing. At the request of either party, the Hearing Officer conducting the
				  hearing shall exclude witnesses from the hearing room.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 3 - Public Hearings › Section 138-3-004 - Testimony and Other Evidence

Current through June 17, 2024
3.004.01 Testimony under Oath
All testimony taken at the hearing shall be under oath or
				  affirmation.
3.004.02 Rules
				of Testimony
All testimony, so far as practicable, shall be subject to the
				  same rules of evidence as are applicable in courts of record in the State of
				  Nebraska.
3.004.03
				Stipulations
Written stipulations may be introduced in evidence if signed
				  by the attorneys of the parties sought to be bound thereby, or by any party
				  personally if she or he is not represented by an attorney. Oral stipulations
				  may be made on the record of any public hearing.
3.004.04 Examination of Witnesses and
				Evidence
All parties to the proceedings shall have the right either in
				  person and/or by their attorney to be present at the public hearing; to call,
				  examine and cross-examine witnesses; and, subject to the provisions of the Act
				  and these Rules and Regulations, to introduce documentary and other evidence
				  into the record of the proceedings.
3.004.05 Record of Proceedings
The Commission shall arrange for a record of the proceedings
				  in any public hearing to be made, transcribed and filed in the principal office
				  of the Commission after the Final Order. Any such record will be available for
				  examination by the public at reasonable times in the principal office if
				  written request is made at least five (5) days (exclusive of Saturdays,
				  Sundays, and official State holidays) in advance, unless the record has been
				  filed with the court as the result of an appeal proceeding.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 3 - Public Hearings › Section 138-3-005 - Motions and Objections

Current through June 17, 2024
3.005.01 Motions and Objections During
				Hearing
All motions and objections made during a public hearing shall
				  be stated orally on the record and shall, with the rulings on such motions or
				  objections by the Hearing Officer conducting the hearing, be included in the
				  stenographic transcript of the hearing.
3.005.02 Motions Before or After Hearing
All motions other than those made during a hearing shall be
				  in writing and shall state briefly the order or relief applied for and the
				  grounds for such motion. Any such motion shall be filed with the Commission and
				  the Hearing Officer, and a copy thereof shall be served at the same time,
				  personally or by certified mail, by the party making the motion upon the other
				  party or parties. Answering statements, if any, shall be filed in writing with
				  the Commission and the Hearing Officer, within three (3) days (exclusive of
				  Saturdays, Sundays, and official State holidays) after service of the motion
				  upon the party filing the answering statement, and a copy thereof shall be
				  served within the same period upon the other party or parties. All motions
				  shall be decided by the Hearing Officer, without oral argument thereon, unless
				  it is determined by the Hearing Officer that oral arguments will be heard, in
				  which case the parties shall be notified of such fact and of the time and place
				  for such oral argument. The Commission shall arrange for a stenographic
				  transcript, which, together with the written motion and the written answering
				  statement, if any, and the ruling thereof of the Commission or Hearing Officer
				  conducting the hearing, shall constitute a part of the official record of the
				  proceedings.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 3 - Public Hearings › Section 138-3-006 - Oral Arguments and Briefs

Current through June 17, 2024
The Hearing Officer conducting the hearing shall permit the
				  attorneys of the parties, or any party who is not represented by an attorney,
				  to argue orally before her or him or to file briefs within such time as she or
				  he may determine. Each party filing a brief shall file two (2) copies thereof
				  with the Hearing Officer conducting the public hearing and shall at the same
				  time serve a copy thereof, personally or by certified mail, on all other
				  parties. No reply briefs may be filed with or will be received by the Hearing
				  Officer conducting the public hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 3 - Public Hearings › Section 138-3-007 - Settlement Prior to Recommended Order and Decision

Current through June 17, 2024
3.007.01 Postponement or Recessing of Public
				Hearing
If, after issuance and service of a complaint and notice of
				  hearing but prior to the close of the public hearing, the Complainant and the
				  Respondent jointly notify the Commission in writing that they agreed to terms
				  of settlement and adjustment, all of which are set forth in detail in said
				  joint notification to the Commission, the Hearing Officer may order a
				  postponement of the scheduled public hearing date, or a recessing of the public
				  hearing if it is already in process. The parties shall submit to the Commission
				  and the Hearing Officer a copy of the fully executed settlement agreement or a
				  fully executed withdrawal form supplied by the Commission.
3.007.02 Settlement Order
If the terms of settlement and adjustment agreed to by the
				  parties are approved by the Commission, or if said terms are modified by the
				  Commission and are agreed to by the parties, the Commission shall have the
				  written terms of settlement and adjustment prepared and signed by the parties;
				  and the Commission shall thereupon enter upon the parties an Order in accord
				  with the executed written terms of settlement and adjustment. Any such written
				  terms of settlement and adjustment and any Order issued pursuant thereto shall
				  have the same status and effect as any executed written terms of settlement and
				  adjustment and Order entered pursuant thereto under 2.003 of these Rules and
				  Regulations and shall be governed by the provisions of 2.003.03 of these Rules
				  and Regulations, and shall be a matter of public record.
3.007.03 Dismissal of Complaint Due to
				Settlement
After the Commission has entered upon the parties the Order
				  specified in 3.007.02 of these Rules and Regulations, it shall dismiss the
				  complaint, but subject to the Commission's right to issue a complaint and order
				  a public hearing under 2.004.01 of these Rules and
				  Regulations.
3.007.04
				Settlement not Approved by the Commission
If the terms of settlement and adjustment agreed to by the
				  parties are not approved by the Commission, the Commission will not enter upon
				  the parties an Order in accord with said terms of settlement and adjustment,
				  and may close the case as having been settled on terms not approved by the
				  Commission. In such event, the Commission will not issue a complaint and order
				  a public hearing in the event of an alleged violation of said terms of
				  settlement and adjustment.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 3 - Public Hearings › Section 138-3-008 - Recommended Order and Decision

Current through June 17, 2024
3.008.01 Preparation and Service of
				Recommended Order and Decision
Following the taking of testimony, the hearing of oral
				  arguments and the consideration of briefs, filed by the parties, the Hearing
				  Officer conducting the public hearing shall have prepared and served upon the
				  Commission and all parties to the proceedings, personally or by certified mail,
				  a written and signed Recommended Order and Decision.
3.008.02 Recommended Order and Decision
				Requirements
The Recommended Order and Decision shall include:
3.008.02A The Hearing Officer's findings of
				fact based upon, and limited to, the testimony and other evidence in the record
				of the public hearing and upon evidence of which judicial notice may be taken
				by course of record in the State of Nebraska.
3.008.02B The Hearing Officer's determination
				as to whether or not a preponderance of the evidence sustains the
				complaint.
3.008.02C A Recommended
				Order of dismissal of the complaint, if it is the Hearing Officer's
				determination that a preponderance of the evidence does not sustain the
				complaint.
3.008.02D If it is the
				Hearing Officer's determination that a preponderance of the evidence does
				sustain the complaint, a Recommended Order is issued requiring the Respondent
				to cease and desist from the unlawful employment practice or practices
				complained of and to take such affirmative or other actions with respect to the
				complaint as will eliminate the effect of the unlawful employment practice or
				practices complained of, including but not limited to any one or more of the
				following: hiring; reinstatement to employment; upgrading or promotion;
				restoration of seniority and/or other service-accrued rights; admission or
				reinstatement to membership in a Respondent labor organization; admission or
				reinstatement to an apprenticeship program; the awarding of appropriate back
				pay, costs, and attorneys fees.
3.008.02E If a damage award is offset by
				unemployment insurance, the Respondent shall be responsible for contacting the
				Nebraska Department of Labor to determine if an overpayment in Unemployment
				Insurance benefits has been made to the Complainant. If an overpayment has been
				created, the Respondent shall be responsible for repayment to the Unemployment
				Insurance Trust Fund. The Commission Order shall advise the Respondent of this
				responsibility.
3.008.02F In any
				case to which Section 3.008.02 D is applicable, a provision for reasonable
				reports to the Commission of compliance with the Recommended Order and Decision
				may be required as part of a Recommended Order.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 4 - Review by the Commission › Section 138-4-001 - Final Order and Decision of the Commission

Current through June 17, 2024
The transcript of the public hearing shall be filed at the
				  time the Recommended Order and Decision of the Hearing Officer is filed. The
				  Commission shall review the record of the public hearing and the Recommended
				  Order and Decision of the Hearing Officer. The Commission may affirm or modify
				  in whole or in part the Recommended Order of the Hearing Officer. If the
				  Commission modifies in whole or in part the Recommended Order and Decision of
				  the Hearing Officer, it shall write its Final Order and Decision from the
				  record of the public hearing and upon evidence of which judicial notice may be
				  taken by courts of record in the State of Nebraska. The Commission may utilize
				  a telephone conference call to render a Final Order and Decision after a public
				  hearing, provided appropriate public notice has been made.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 4 - Review by the Commission › Section 138-4-002 - Notification and Public Inspection

Current through June 17, 2024
A copy of the Final Order and Decision of the Commission
				  shall be filed in writing at the principal office of the Commission, and all
				  parties shall be notified by the Commission by personal service or certified
				  mail of the Final Order and Decision of the Commission. A copy of the Final
				  Order and Decision shall be available for public inspection during regular
				  hours at the principal office of the Commission.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 4 - Review by the Commission › Section 138-4-003 - Reopening of Proceedings

Current through June 17, 2024
The Commission, upon its own motion or upon application of
				  any party or intervener whenever justice so requires, may at any time before it
				  issues its Final Order and Decision, reopen any public hearing upon written
				  notice by personal delivery or certified mail to all parties and interveners.
				  An application to reopen the public hearing shall be in writing and shall state
				  the grounds upon which it is founded. The Commission may either grant or deny
				  such application.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 5 - Subpoenas; Depositions, Oaths and Affirmations › Section 138-5-001 - Subpoenas

Current through June 17, 2024
5.001.01 Issuance of Subpoena
Upon written application served on the Executive Director of
				  the Commission, either personally or by certified mail, the Commission Chair or
				  the Hearing Officer shall issue a subpoena on a form prescribed by the
				  Commission whenever necessary to compel the attendance of a witness or to
				  require the production for examination of any books, payrolls, records,
				  correspondence, documents, papers or other evidence in any investigation of an
				  unlawful employment practice or practices charge or in any hearing before a
				  Hearing Officer. Blank copies of the subpoena form may be obtained at the
				  office of the Commission.
5.001.02 Motion to Quash Subpoena
Within five (5) days (excluding Saturdays, Sundays, and
				  official State holidays) after the service of a subpoena on any person
				  requiring the attendance of said person as a witness at an investigation or
				  hearing, or requiring the production of any evidence in her or his possession
				  or under her or his control, such person may petition the Commission in
				  writing, personally or by certified mail to quash the subpoena. The Commission
				  may revoke such subpoena if, in its opinion, the attendance of the person
				  subpoenaed or the evidence, the production of which is required, does not
				  relate to any matter under investigation or to any matter in question in such
				  proceedings before the Commission or a Hearing Officer, or if in its opinion,
				  such subpoena does not describe with sufficient particularity the reasons
				  requiring the attendance of a person as a witness or the evidence, the
				  production of which is required.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 5 - Subpoenas; Depositions, Oaths and Affirmations › Section 138-5-002 - Witness and Mileage Fees

Current through June 17, 2024
Where a subpoena is applied for and issued at the request of
				  a party to the proceedings other than the Commission, then the cost of service
				  and witness and mileage fees shall be borne by the party at whose request it
				  has been issued. Where a subpoena is applied for and issued at the request of
				  the Commission, a member thereof, or a Hearing Officer in pursuance of an
				  investigation or the presentation of evidence relating to pending complaint,
				  then the cost of such service and witness and mileage fees shall be borne by
				  the Commission. Such witness and mileage fees shall be the same as are paid
				  witnesses in the District Courts of the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 5 - Subpoenas; Depositions, Oaths and Affirmations › Section 138-5-003 - Witness Testimony

Current through June 17, 2024
The testimony or deposition of any witness who resides
				  outside the State of Nebraska or who, because of illness or any other reason,
				  is unable to testify in an investigation or in a hearing or the taking of
				  evidence before a Hearing Officer may be taken within or without the State of
				  Nebraska in the same manner as provided for in civil cases under the applicable
				  law or laws of the State of Nebraska, as now in effect or hereafter amended.
				  The transcript of any such testimony or deposition, when duly authenticated and
				  filed with the Commission in any investigation or public hearing, shall
				  constitute a part of the official record of the case.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 5 - Subpoenas; Depositions, Oaths and Affirmations › Section 138-5-004 - Oaths and Affirmations

Current through June 17, 2024
Any Hearing Officer conducting a public hearing may
				  administer oaths or affirmations.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 5 - Subpoenas; Depositions, Oaths and Affirmations › Section 138-5-005 - Investigative Stage

Current through June 17, 2024
During an investigation of a charge, a Commission staff
				  member may utilize subpoenas, requests for production of documents,
				  interrogatories, depositions as prescribed herein, and any other discovery
				  means available through the district court. Any Commission staff member who is
				  a notary public may administer an oath or affirmation during the investigation
				  of a charge.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 6 - Service › Section 138-6-001 - Manner of Service

Current through June 17, 2024
Complaints, Orders, and other process and proper papers may
				  be served personally or by certified mail, unless otherwise allowed by the Act
				  and by these Rules and Regulations in which event, service may be made by
				  first-class mail, postage prepaid.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 6 - Service › Section 138-6-002 - Proof of Service

Current through June 17, 2024
Proof of service, where required by the Act or by these Rules
				  and Regulations, shall consist of either the verified return of the individual
				  who ma de service, said return shall set forth the manner of such service, or
				  the return receipt from service by certified mail.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 6 - Service › Section 138-6-003 - Service on Parties' Attorneys

Current through June 17, 2024
The attorney representing any party in any proceedings under
				  the Act shall file her or his appearance with the Commission, and thereafter
				  all notices, orders and other documents served by the Commission may be served
				  upon said attorney instead of upon the party she or he represents, until said
				  attorney or said party notifies the Commission in writing that said attorney no
				  longer represents, or is authorized to represent, said party.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 7 - Judicial Review or Enforcement › Section 138-7-001 - Certification of Commission Records

Current through June 17, 2024
For the purposes of any proceeding for judicial review or
				  judicial enforcement under Sections
				  48-1119
				  and
				  48-1120
				  of the Act, the Chair and/or the Executive Director shall be authorized to
				  certify all documents and records that are part of the official files and
				  records of the Commission. All certifications shall comply with the
				  Administrative Procedures Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 7 - Judicial Review or Enforcement › Section 138-7-002 - Use of Commission's Copy of Transcript

Current through June 17, 2024
7.002.01 Examination of Commission's Copy of
				Transcript
The Commission's copy of the transcript of evidence made in a
				  public hearing, or in the reopening of a proceeding, shall be available for
				  examination during the regular office hours at the Commission's principal
				  office to any party without cost under the same conditions established by
				  3.004.05 of these Rules and Regulations.
7.002.02 Certification of Commission's Copy
				of Transcript
The Commission's copy of the transcript of evidence made in a
				  public hearing, or in the reopening of a public hearing, shall be available to
				  be certified and used as part of the record in any proceeding for judicial
				  review or judicial enforcement of a Final Order and Decision of the
				  Commission.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 8 - Hearing Officers › Section 138-8-001 - Selection and Qualifications of Hearing Officer

Current through June 17, 2024
Hearing Officers to conduct public hearings upon a complaint
				  of an unlawful employment practice or practices shall be selected by the
				  Commission pursuant to such standards and methods for selection as the
				  Commission may determine.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 8 - Hearing Officers › Section 138-8-003 - Disqualification of Hearing Officer

Current through June 17, 2024
Any Hearing Officer, after being designated by the Commission
				  to conduct a public hearing upon a particular complaint, may disqualify herself
				  or himself from conducting such public hearing by written request to the
				  Commission stating that she or he feels unable to conduct a fair hearing, and
				  upon receipt of such written request, the Commission shall select another
				  Hearing Officer to conduct the public hearing on said particular complaint, and
				  shall promptly advise all parties by certified mail of the name of the person
				  so selected as Hearing Officer.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 9 - Construction of Rules and Regulations › Section 138-9-001 - Construction of Rules and Regulations

Current through June 17, 2024
These Rules and Regulations shall be construed to effectuate
				  the purposes of the Act, and the public policy of the State of Nebraska as
				  expressed in the Act, and shall not be construed or applied in a manner
				  inconsistent with the provisions of the Act.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 11 - Confidentiality › Section 138-11-001 - Confidentiality of Charges

Current through June 17, 2024
Except as provided by Chapter 3, charges filed with the
				  Commission shall not be made public. Information obtained pursuant to Section
				  48-1118
				  will not at any time be made public by the Commission or its staff members.
				  Subsequent to the issuance of a reasonable cause finding and after the
				  conciliation process has been concluded by the Commission or subsequent to the
				  issuance of a no reasonable cause finding, either party or counsel for either
				  party may request a review of the information contained in the Commission's
				  official file on said charge. Such requests must be submitted in writing to the
				  Commission's Executive Director at its principal office at least ten (10) days
				  prior to the date said file examination is being requested. All reviews of
				  information contained in the official file, not otherwise confidential or
				  privileged, shall occur at one of the Commission offices in Lincoln, Omaha, or
				  Scottsbluff.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 11 - Confidentiality › Section 138-11-002 - Request for File Review

Current through June 17, 2024
The request for a file review must reflect the appropriate
				  NEB case number and case name. Once the file is available, a letter will be
				  sent stating such. The Commission must be contacted within seven (7) days to
				  arrange for the review, or the file will be returned to storage.
Documents may not be copied in the course of a file review,
				  but recordings tapes may be listened to and documents may be examined. If the
				  file review is not completed on the arranged upon date, a subsequent written
				  request must be submitted prior to completion of the file
				  review.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 11 - Confidentiality › Section 138-11-003 - Subpoenas Regarding Case File Reviews

Current through June 17, 2024
Subpoenas will only be honored on cases that have been
				  officially closed by the Commission. Case files are not public records; thus,
				  the Freedom of Information Act and the Public Records law at 84-712.05 do not
				  apply. Case files will not be released to individuals who are not parties to
				  the case. The Commission will challenge such subpoenas by filing a motion to
				  quash with the relevant court. If counsel is representing a party, the counsel
				  must be the attorney of record. If a letter of representation has not been
				  received by the Commission, the subpoena will not be complied with.
The properly completed subpoena must reflect the appropriate
				  NEB case number, name of Complainant and Respondent, and court docket number,
				  and should be sent to the attention of the Executive Director at the principal
				  office a minimum of ten (10) days in advance of the date the file is to be
				  retrieved. The party submitting the subpoena will retrieve the file unless
				  other arrangements are made by the Executive Director. A letter confirming the
				  availability of the file will be sent, and the file must then be retrieved
				  within seven (7) days. Upon retrieval, the party must sign for receipt of the
				  file. The file should not be made available to another party. If counsel
				  representing each party wishes to review the file, separate subpoenas must be
				  submitted. If counsel is located out of state, local counsel must be obtained
				  unless approved by the Executive Director. It is not the Commission's normal
				  practice to send case files out of state.
Following receipt of the case file, copies of documents
				  and/or recordings may be made. The file may only be kept for a period of ten
				  (10) days. Files may be returned to any Commission office and must be in the
				  same condition they were in when received. Files returned by mail must be sent
				  certified. Failure to return the file within ten (10) days may result in a
				  motion to compel and request for sanctions.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 12 - Education and Outreach › Section 138-12-001 - Education and Outreach

Current through June 17, 2024
The Commission shall conduct such educational and
				  conciliatory activities as in the Commission's judgment will further the
				  purposes of the Nebraska Fair Employment Practice Act. The Commission shall
				  consult with local officials and entities for the purpose of developing
				  coalitions of persons interested and engaged in eradicating discrimination in
				  the state.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 13 - Adoption, Amendment and Recision › Section 138-13-001 - Effective Date

Current through June 17, 2024
These Rules and Regulations shall become effective five (5)
				  days after the filing of a certified copy thereof with the Revisor of
				  Regulations of the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 13 - Adoption, Amendment and Recision › Section 138-13-002 - Adoption, Amendment and Recision

Current through June 17, 2024
The Commission may adopt, amend or rescind any Rule or
				  Regulation inconsistent with the provisions of the Act at a regular or special
				  meeting of the Commission, provided that at least a quorum of the Commission is
				  present at such meeting and that written notice of the proposed adoption,
				  amendment or recision has been given to all members of the Commission at least
				  five (5) days before the meeting at which such action is to be taken and
				  provided further that the Nebraska Rules of Administrative Agencies sections
				  84-901
				  to
				  84-910
				  have been satisfied. Any Rule or Regulation so adopted, amended or rescinded
				  shall become effective five (5) days after filing of a certified copy thereof
				  with the Revisor of Regulations of the State of Nebraska.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 13 - Adoption, Amendment and Recision › Section 138-13-003 - Rules: Petition for Promulgation, Amendment or Repeal

Current through June 17, 2024
Any interested person may petition the Commission requesting
				  the promulgation, amendment or repeal of any Rule. Such petitions shall be in
				  writing and signed by the petitioner or petitioners and shall clearly state the
				  Rule or amendment desired, if such be the case. The petition shall further
				  state the grounds urged in support of the requested promulgation, amendment or
				  repeal. If, in the judgment of the Commission, it should appear that the
				  requested Rule, amendment or repeal would serve no useful or beneficial
				  purpose, the Commission may reject the same, with or without having first
				  afforded the petitioner a hearing.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 138 - NEBRASKA FAIR EMPLOYMENT PRACTICE ACT › Chapter 14 - Declaration of Validity › Section 138-14-001 - Declaration of Validity

Current through June 17, 2024
If any article of this Act or any part of any section shall
				  be declared invalid or unconstitutional, such declaration of invalidity shall
				  not affect the validity of the remaining portions thereof.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 139 - NEBRASKA EQUAL OPPORTUNITY COMMISSION EQUAL PAY ACT OF NEBRASKA NONDISCRIMINATION ON BASIS OF SEX › Chapter 1 - DEFINITIONS › Section 139-1-001 - Act

Current through June 17, 2024
As used herein, the term "Act" shall mean the Equal Pay Act
				  of Nebraska, as amended.