reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-005 - ORDERS TO SHOW CAUSE

Current through June 17, 2024
005.01
General:
The Commission may, by order, compel any
				person to whom it has granted authority to show good cause as to why the
				authority should not be suspended, changed, revoked in whole or in part, or why
				the holder of the certificate for such authority should not be subject to an
				administrative fine as provided for in Commission rules.
005.02
Content:
An
				order to show cause must contain the name of the respondent, a clear and
				concise allegation of each cause for which the Commission requires a showing,
				and be signed by the Executive Director. The show cause order will specifically
				advise the respondent of the alleged violation or violations and the time and
				place of the hearing on such order.
005.03
Cease and Desist
				Order:
The Commission may, after proper notice and hearing, enter
				a cease and desist order or any order the Commission deems just and
				reasonable.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-006 - COMMISSION INVESTIGATIONS

Current through June 17, 2024
006.01
General:
The Commission may, at any time on its own
				motion, conduct an investigation or order any hearing which the Commission is
				authorized by law or inherent power to conduct.
006.02
Order to
				Appear:
The Commission may, by order, compel any person to appear
				in an investigative proceeding. The order will state the purpose or scope of
				the investigation and the time and place of the hearing.
006.03
Investigations/Penalty:
If it appears, as the result
				of an investigative hearing by the Commission, that any person who has been
				personally served has violated the provisions of any statute over which the
				Commission has jurisdiction or the rules of the Commission, the Commission may
				order such person to cease and desist or enter any order justified in the
				premises.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-007 - CIVIL PENALTY PROCEDURES

Current through June 17, 2024
007.01
Purpose and Scope:
007.01A The purpose of this section is to
				establish procedures which the Commission will follow when civil penalties are
				sought against any person as defined in Neb. Rev. Stat. § 75-139.01
				pursuant to§ 75-156.
007.01B
				For purposes of these rules, civil penalty has the same meaning as
				administrative fine and these terms may be used interchangeably.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-008 - RULE MAKING PETITIONS

Current through June 17, 2024
008.01
Petition:
Any person may petition the Commission
				requesting the promulgation, amendment, or repeal of a rule or
				regulation.
008.02
Form:
The petition must:
008.02A Be clearly designated as a petition
				for a rule change;
008.02B In the
				case of a proposed new rule or amendment of an existing rule, must set forth
				the desired rule in its entirety;
008.02C In the case of a petition for the
				repeal of an existing rule, such must be stated and the rule proposed to be
				repealed shall either be set forth in full or shall be referred to by the
				Commission rule number;
008.02D
				Describe the reason for the rule change;
008.02E Include an address and telephone at
				which the petitioner can be reached during regular work hours; and
008.02F Be signed by:
008.02F1 The petitioner or his or her
				attorney in which case the attorney must also state his or her address and
				telephone number and bar number; or
008.02F2 A duly authorized officer of the
				petitioner, if petitioner is a corporation or other legal entity.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-009 - PETITIONS FOR DECLARATORY ORDER

Current through June 17, 2024
009.01
Generally:
A request for a declaratory order must be
				made by a petition that meets the requirements of section 009.
009.02
Who May File:
Any person may petition the Commission for issuance of a declaratory order as
				to the applicability to specified circumstances of a statute, rule, regulation,
				or order which is within the primary jurisdiction of the Commission.
009.03
When Order Is
				Appropriate:
A declaratory order may be requested on the
				applicability of a statute, rule, regulation, or order enforced by the
				Commission. "Applicability" refers to the appropriateness of the relation of
				the law to the person, property, or state of facts, or its relevance under the
				circumstances given. It may include such questions as whether the law applies
				at all, to whom it applies, when it applies, how it applies, or which law
				applies. Considerations as to whether issuance of a declaratory order is
				appropriate include:
009.03A A declaratory
				order may be requested only on the applicability of existing statutes and rules
				and regulations.
009.03B A
				declaratory order may be requested to obtain a determination of proposed
				conduct, not to obtain a determination of the effect of conduct that has
				already occurred.
009.03C A
				declaratory order is not a mechanism for review or appeal of a decision made by
				the Commission in a contested case.
009.03D A declaratory order may not be
				requested to obtain a declaration by the Commission that a statute or
				regulation is unconstitutional or that a regulation of the Commission is
				invalid.
009.03E A declaratory
				order may not be issued by the Commission that would substantially prejudice
				the rights of a person who would be a necessary party and who does not consent
				in writing to the determination of the matter by a declaratory order
				proceeding.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-010 - SECURITY ISSUANCES

Current through June 17, 2024
010.01
Applications:
Applications for approval of a security
				issuance must set forth the details surrounding the proposed indebtedness or
				issuance and must be accompanied by the following:
010.01A a certified copy of the Articles of
				Incorporation with amendments to date;
010.01B a certified copy of the minutes from
				the board of directors' or stockholders' meeting, or other proper corporate
				authority authorizing the action;
010.01C a certified copy of the by-laws with
				amendments to date;
010.01D current
				balance sheet and supporting profit and loss statement; and
010.01E sample of proposed stock
				certificate.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 2 - ADMINISTRATIVE RULES AND REGULATIONS › Section 291-2-001 - SCOPE

Current through June 17, 2024
001.01 General
These rules and regulations govern administrative policies
				  as set forth in Neb. Rev. Stat., Section
				  75-104,
				  Laws of 1994.
001.02
				Definitions
As used in this chapter, unless the context otherwise
				  requires:
001.02A
Commission
: Nebraska Public Service Commission.
001.02B
In the Line of
				Duty
: Attendance at meetings and hearings which relates to the
				business of the Commission.
001.02C
Residence
: The domicile maintained in the district
				which the Commissioner is elected to represent.
001.02D
Travel
:
				Travel to and from a Commissioner's residence to the Commission
				office.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 2 - ADMINISTRATIVE RULES AND REGULATIONS › Section 291-2-002 - REIMBURSEMENT

Current through June 17, 2024
002.01
Authorized
				Expenses
Commissioners may receive, from the state, mileage expenses
				  incurred while traveling to and from their residences to the Commission
				  office.
002.02
Stipulations
To receive reimbursement for mileage, the following
				  conditions must be met:
002.02A Travel
				must be conducted in the line of duty.
002.02B The mileage rate allowable for travel
				reimbursement shall not exceed the mileage rate established by the Department
				of Administrative Services pursuant to Neb. Rev. Stat. Section
				81-1176.
002.02C Mileage expenses incurred while
				traveling to and from a Commissioner's residence to the Commission office in
				Lincoln must be reported as taxable income.
002.02C1 To report such travel and receive
				reimbursement, a separate Expense Reimbursement Document, as approved by the
				Department of Administrative Services, must be completed.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 2 - ADMINISTRATIVE RULES AND REGULATIONS › Section 291-2-003 - APPROPRIATIONS

Current through June 17, 2024
003.01
Funding
Mileage expenses, as allowed in this chapter, shall be
				  funded from the program established for Commissioner's expenses.
003.02
Amount
The total amount authorized for reimbursement of
				  Commissioner's expenses in any fiscal year, including mileage, shall not exceed
				  the total funds that are appropriated to the program established for such
				  expenses .
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-001 - GENERAL

Current through June 17, 2024
001.01
DEFINITIONS
:
				The definitions found in Neb. Rev. Stat. §
									75-302
				(Reissue 2018) apply to these rules. In addition to those definitions, the
				following apply to this chapter, unless the context otherwise requires:
001.01A
COMMISSION
:
				The Nebraska Public Service Commission.
001.01B
DRIVER
: Any
				person who operates a motor vehicle.
001.01C
LIMOUSINE
: A
				vehicle used to provide limousine service.
001.01D
LOW SPEED
				VEHICLE
: a (1) four-wheeled motor vehicle (a) whose speed
				attainable in one mile is more than twenty miles per hour and not more than
				twenty-five miles per hour on a paved, level surface, (b) whose gross vehicle
				weight rating is less than three thousand pounds, and (c) that complies with 49
				C.F.R. part 571 , as such part existed on January 1, 2019, or (2) three-wheeled
				motor vehicle (a) whose maximum speed attainable is not more than twenty-five
				miles per hour on a paved, level surface, (b) whose gross vehicle weight rating
				is less than three thousand pounds, and (c) which is equipped with a windshield
				and an occupant protection system.
001.01E
NPSC PLATE
:
				A license plate which is issued by the Commission to holders of Commission
				authority.
001.01F
ONDEMAND
: Service requested by street hail; offered at
				a cab stand, airport feeder lines, bus stations, or similar staging area;
				personal summoning by a passenger; or personal solicitation by a driver of the
				vehicle or an employee, contractor, or agent of the carrier;
001.01G
PREARRANGED
:
				Service requested and arranged in advance of the time that the service is to be
				performed. Nothing in this definition will be construed to allow on demand
				services. This definition will not replace the definition of prearranged in
				§ 012.02(1) of the rules pertaining to Transportation Network
				Companies;
001.01H
PREMIUM FARE
: A rate based on an hourly rental of not
				less than one (1) hour at a scheduled rate which will be set, and periodically
				reviewed, by the Commission and which will include a minimum rental of not less
				than one hour. A mileage charge may be assessed for the transportation of the
				vehicle only for such time before and after the transportation is provided and
				only in addition to the minimum hourly charged as provided by this
				definition.
001.01I
TAXI SOFT METER
: a mechanical or digital device that
				calculates the time-and-distance fares for a taxicab service by software-based
				devices that utilize GPS or other measurement data in the calculation of
				time-and-distance fares for taxicab service.
001.01J
TAXIMETER
: a
				mechanical or digital device that calculates the time-and-distance fares for a
				taxicab service by a physical connection to the vehicle.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-002 - OPERATIONS RULES

Current through June 17, 2024
002.01
UNAUTHORIZED OPERATIONS
: Unless specifically exempted
				by statute, a regulated motor common or contract carrier of passengers, a
				licensed carrier of household goods, or a licensed carrier transporting
				employees of a railroad carrier will not operate any motor vehicle on any
				public highway in this state except in accordance with state law and these
				rules. A motor carrier transporting household goods or employees of a railroad
				carrier will not operate upon any public highway without first having obtained
				from the Commission a license and will not operate except in compliance with
				the terms and conditions and restrictions of the license. A regulated motor
				common or contract carrier of passengers will not operate upon any public
				highway without first having obtained from the Commission a certificate or
				permit of authority and will not operate except in compliance with the terms
				and conditions and restrictions of the authority or permit A licensed carrier
				or regulated motor common or contract carrier does not avoid the jurisdiction
				of the Commission by engaging in a lease. No carrier, without first obtaining
				written Commission approval, will:
002.01A
				Fail to operate over its entire certificated route.
002.01B Discontinue in any part service
				authorized.
002.01C Serve any part
				of its certificated route by interline agreement with another
				carrier.
002.01D Fail to confine
				its operations to those authorized under its license, certificate or
				permit.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-003 - CLASSIFICATIONS

Current through June 17, 2024
Pursuant to Neb. Rev. Stat. §
									75-304
				  (Reissue 1996), the Commission determines that the following classifications of
				  motor carriers are necessary or desirable in the public interest. All
				  certificates and permits issued by the Commission will be construed and
				  interpreted, and the operations authorized will be tested and determined in
				  accordance with these classifications.
003.01
SERVICE
				CLASSIFICATIONS
: Every applicant for common or contract
				transportation will designate the type of transportation service re-quested
				from the classifications found in this section and will further designate
				whether (1) such service as requested will be provided as a common carrier or
				as a contract carrier and, if a contract carrier, the persons or entities
				contracted with; (2) the service, if granted, will be provided over (a) a
				regular route which route shall be described in the application or (b) an
				irregular route which territory the applicant seeks to provide transportation
				which will be described, and (3) any other restrictions will be applicable. An
				applicant who desires to transport household goods, employees of railroad
				carriers, or clients of the Nebraska State Department of Health and Human
				Services or any contractors of the Department will make specific application
				for such authority.
003.01A Bus service
				consists of the following elements:
(1) the
				business of carrying passengers and their baggage
(2) by bus or van
(3) either by charter or regular
				route
(4) either prearranged or
				scheduled service
(5) at a fare
				approved and on file with the Commission. Bus service may be hired on a charter
				or special party basis.
003.01A1
				Scheduled service means service by any regulated motor carrier who undertakes
				to transport passengers and their baggage in intrastate commerce by motor
				vehicle for compensation between fixed termini and over a specific highway or
				highways upon an established or fixed schedule.
003.01A2 Charter service means transportation
				of groups of seven or more persons who collectively contract for transportation
				on a particular trip paying one lump sum.
003.01A3 Special party service means the
				transportation of a group or groups of one or more persons who individually
				contract for transportation to a common destination with each person paying an
				individual sum.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-004 - FEES AND IDENTIFICATION

Current through June 17, 2024
004.01
APPLICATION FEE
: An application fee approved annually
				by the Commission will be payable by the applicant at the time of filing an
				application. This application fee will not apply to any person who contracts
				for transportation services with the Nebraska Department of Health and Human
				Services or any agency organized under the Nebraska Community Aging Services
				Act who is not required to hold a certificate from the Commission pursuant to
				the provisions of Neb. Rev. Stat, sections
				75-303.01
				and
				75-303.02
				(Cum. Supp. 2000).
004.02
ANNUAL FEES
: An annual fee approved annually by the
				Commission will be remitted for each motor vehicle operated by each regulated
				motor carrier. A fee approved annually by the Commission will be remitted by
				each regulated motor carrier for each truck-trailer or tractor-trailer
				combination operated. Such annual fees are due and payable by every regulated
				motor carrier on the first day of January of each year, and is delinquent on
				the first day of March of that year. If the initial certificate or permit is
				issued to a motor carrier on or after July 1, the fee will be fifty percent of
				the annual fee.
004.03
IDENTIFICATION CARDS
: The following provisions
				concerning identification cards apply to all regulated motor carriers:
004.03A
ISSUANCE
:
				The Commission will issue annually, without additional charge, an
				identification card for each motor vehicle, upon payment of an annual fee, and
				upon compliance with all statutory requirements and rules and regulations of
				the Commission. The card will contain the certificate or permit number issued
				by the Commission, the name and address of the holder, and other information as
				the Commission may require. Upon replacement or addition of any vehicle, a new
				identification card will be obtained by the regulated motor carrier by
				application to the Commission and the previously issued identification card
				will be surrendered to the Commission.
004.03B
DISPLAY
: No
				motor vehicle subject to Commission jurisdiction will be operated without an
				identification card, protected from defacement, in the driver's cab.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-005 - SAFETY REGULATIONS

Current through June 17, 2024
005.01
MINIMUM QUALIFICATIONS
: Each person driving a motor
				vehicle subject to the Commission jurisdiction will possess the following
				minimum qualifications:
005.01A Sound
				physical and mental condition with no mental, nervous, organic, or functional
				disease or structural defect or limitation likely to interfere with safe
				driving.
005.01B Adequate sight
				which includes vision with visual acuity of at least 20/40 (Snellen) in each
				eye either without corrective lenses, or visual acuity separately corrected to
				20/40 (Snellen) or better with corrective Senses, distant binocular acuity of
				at least 20/40 (Snellen) in both eyes with or without corrective lenses, field
				of vision of at least 70 degrees in the horizontal meridian in each eye, and
				the ability to recognize the colors of traffic signals and devices showing
				standard red, green and amber. Persons who require corrective lenses to meet
				the minimum sight requirement must wear such lenses while operating the motor
				vehicle.
005.01C Adequate hearing
				which includes hearing of not less than 10/20 in the better ear for
				conversational tone without a hearing aid.
005.01D Freedom from the use of narcotics or
				illegal drugs.
005.01D1 Pre-employment drug
				and alcohol testing will be required of all drivers transporting railroad
				personnel. The testing will be done for alcohol and controlled substances as
				provided by 49 CFR Parts 40 and 382 as such regulations existed on January
				1,2013.
005.01D2 A driver will be
				qualified to drive if the alcohol test results indicate an alcohol
				concentration of zero (0) and the controlled substance test results indicate a
				verified negative result.
005.01D3
				A driver will be disqualified to drive if the alcohol and controlled substance
				test results are not in compliance with 49 CFR Parts 40 and 383; or if the
				driver refuses to provide a specimen for testing; or if the driver submits an
				adulterated, diluted or substituted sample for the tests to be performed.
005.01E Eighteen 18 years
				of age.
005.01F Possession of a
				valid operator's license appropriate for the vehicle being operated.
005.01G Ability to read, speak and understand
				the English language.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-006 - INSURANCE COVERAGE

Current through June 17, 2024
006.01
MINIMUM AMOUNTS OF COVERAGE
: Unless otherwise provided
				in a license, certificate of public convenience and necessity or permit issued
				by the Commission, each motor carrier will have liability coverage at any time
				for any one accident, by insurance, surety bond, self insurance, or a
				combination thereof, in the minimum as required by Rule 003.03.
006.02 In addition to the requirements for
				minimum insurance as provided in Rule 003.03, all carriers of passengers will
				also carry uninsured and underinsured motorist coverage with a minimum limit of
				one hundred thousand ($100,000) per person, three hundred ($300,000) aggregate
				per accident coverage.
006.03 All
				motor carrier insurance required to be filed with the Commission will be
				continuous in nature, subject to cancellation by the insurer or the insured
				within thirty (30) days written notice to the Commission. Insurance for a
				specified term (e.g. six months or one year) will not be acceptable to meet the
				motor carrier insurance requirements of these Rules.
006.04 Proof of adequate coverage by
				insurance or bond will be made by filing a uniform motor carrier insurance
				filing or a uniform motor carrier surety bond filing in lieu of the policy of
				insurance or surety bond. Such filing may be made electronically in a manner
				designated by the Director of Transportation of the Commission. Upon receipt by
				the Commission of a paper filing, which will be in triplicate, one copy will be
				returned to the home office of the insurance or surety company, one copy will
				be forwarded to the insured, and the original will be retained by the
				Commission.
006.05
TYPES OF FILINGS
:Insurance filings will be made on the
				following designated forms unless the Director of Transportation will
				specifically authorize another type of filing:
006.05A
ALL LIABILITY INSURANCE
				FILINGS WILL BE EITHER FORM E, ENTITLED
: Uniform Motor Carrier
				Bodily Injury and Property Damage Liability Certificate of Insurance.
006.05B
ALL LIABILITY SURETY BOND
				FILINGS WILL BE FORM G, ENTITLED
: Uniform Motor Carrier Bodily
				Injury and Property Damage Liability Surety Bond.
006.05C
ALL CARGO INSURANCE
				FILINGS WILL BE FORM H, ENTITLED
: Uniform Motor Carrier Cargo
				Certificate of Insurance
006.05D
ALL CARGO SURETY BOND FILINGS WILL BE FORM J,
				ENTITLED
: Uniform Motor Carrier Cargo Surety Bond.
006.05E
ALL INSURANCE
				CANCELLATION FILINGS WILL BE FORM K, ENTITLED
: Uniform Notice of
				Cancellation of Motor Carrier Insurance Policies.
006.05F
ALL SURETY BOND
				CANCELLATIONS FILINGS WILL BE FORM L, ENTITLED
: Uniform Notice of
				Cancellation of Motor Carrier Surety Bonds.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-007 - ACCOUNTING AND STATISTICAL INFORMATION

Current through June 17, 2024
007.01
BUSINESS RECORDS RETENTION AND INSPECTION
: Each
				carrier will, for a period of one (1) year, maintain copies of records related
				to the movement of passengers or household goods. All such records will be
				available to the Commission for inspection.
007.02
NOTIFICATION OF CHANGE OF
				ADDRESS OR CONTACT INFORMATION
: All carriers will inform the
				Commission of changes in address or contact information.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-008 - LEASING AND INTERCHANGE OF EQUIPMENT

Current through June 17, 2024
008.01
SCOPE
: Common or contract carriers may engage in
				leasing only as provided by these rules. Failure to observe the provisions of a
				lease or its preparation will be a violation of these rules. Leases filed with
				the Commission in accordance with these rules will be retained by the
				Commission, the Lessor, and the Lessee for not less than three years after
				cancellation of such lease.
008.02
LEASING EQUIPMENT
: Common or contract carriers may
				lease equipment which they do not own to augment their existing equipment,
				other than that exchanged between motor carriers in interchange service, only
				under the following conditions:
008.02A Each
				lease for the use of equipment will:
008.02A1
				Be made between the lessor and lessee;
008.02A2 Be in writing and signed by the
				parties thereto, or their duly authorized agents;
008.02A3 Specify the time period for which
				the lease applies and the time, date, or circumstance on which the lease begins
				and ends, the duration of which will coincide with the time for giving receipts
				for the equipment or the vehicles as required by these rules.
008.02A4 Specify the compensation to be paid
				by the lessee for the equipment or vehicle.
008.02A5 Provide for the exclusive
				possession, control, and use of the equipment or vehicle, and for the complete
				assumption of responsibility in respect thereto by the lessee for the duration
				of the lease, or otherwise may be assigned by the lessee, in writing, to an
				independent contractor who will operate equipment under the lessee's
				authority.
008.02A6 Provide that
				the lessee will be responsible for carrying the insurance required by the
				Commission not withstanding any agreement between the parties that the lessor
				will hold the lessee harmless and provide certain insurance covering the
				lessee.
008.02A7 Be approved by the
				Commission.
008.02A8 Be executed in
				quadruplicate, with all copies filed with the Commission to be stamped for
				approval. One copy will be retained by the Commission and the other three
				returned to the lessee of which the lessee will retain one, carry one copy on
				the equipment or vehicle and send the remaining copy to the lessor for
				retention.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-011 - VOLUNTARY SUSPENSIONS

Current through June 17, 2024
Certificated motor carriers seeking to suspend service
				  pursuant to Neb. Rev. Stat. §
									75-316,
				  must apply for and obtain Commission approval of such suspension. The
				  certificated motor carrier must provide the Commission with an application
				  identifying the certificate of public convenience and necessity held by said
				  motor carrier and setting forth the length of time the carrier wishes to place
				  its authority under voluntary suspension. The Commission may approve the
				  carrier's request for the time period requested for a period not exceeding a
				  twelve (12) month increment. In no event will the carrier's authority be
				  suspended for more than twenty-four (24) consecutive months.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 3 - MOTOR CARRIER RULES AND REGULATIONS › Section 291-3-013 - LICENSEES

Current through June 17, 2024
013.01
APPLICABILITY OF
				RULES
: The rules and regulations found in Chapter 3, Sections 001
				through 011 of Title 291 of the Nebraska Administrative Code will apply to
				motor carriers granted a license to transport household goods or passengers
				that are employees of railroad carriers where specified. If there is a conflict
				between Chapter 3, Sections 001 through 011 of Title 291 of the Nebraska
				Administrative Code and these rules regarding the regulation of licensees,
				these rules and regulations will apply.
013.02
REQUIREMENTS FOR AN
				EFFECTIVE AUTHORITY
:
013.02A A
				license will be issued by the Commission to any qualified applicant upon
				completion of the following:
013.02A1 Payment
				of a license fee required under Neb. Rev. Stat. §
											75-304.03
				and
				75-304.04;
013.02A2 Filing of Commission required
				insurance documents; and
013.02A3
				Filing of required application form.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 4 - RAILROAD RULES AND REGULATIONS › Section 291-4-001 - GENERAL

Current through June 17, 2024
001.01
REQUIRED
				EQUIPMENT.
001.01(A)
REFLEX LENSES ON SWITCH STANDS.
railroads operating
				within the state of Nebraska are authorized to substitute reflex lenses for
				lighted lamps on switch stands, except where conditions exist preventing the
				proper reflection of the reflex lenses from the headlight because of track
				curvature, or where a substantial amount of switching is regularly or
				frequently performed at night.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 4 - RAILROAD RULES AND REGULATIONS › Section 291-4-002 - CLEARANCES

Current through June 17, 2024
002.01
GENERAL.
002.01(A)
NOT
				RETROACTIVE.
All existing structures, operating appurtenances,
				pole lines, service facilities, and track arrangements will be exempt from
				these regulations except as hereinafter provided.
002.01(B)
EXEMPTIONS.
Exemptions from any of the requirements
				contained herein will be considered by the Commission upon proper application
				from the carriers, industries, or other interested persons. A request for such
				exemption must be accompanied by a full statement of the conditions existing,
				and the reasons why such exemption is asked. Any exemption so granted will be
				limited to the particular case covered by the application.
002.01(C)
EMERGENCIES.
No restricted clearance set out herein
				will apply to false-work, shoe-fly tracks, or other temporary emergency
				conditions caused by derailments, washouts, slides, or other unavoidable
				disasters.
002.01(D)
CONSTRUCTION MATERIALS.
No restricted clearances set
				out herein will apply to ballast, track material, or construction material
				unloaded on and adjacent to tracks for contemplated use thereon or in the
				immediate vicinity, nor shall they apply to false-work or temporary
				construction necessary on any construction project.
002.01(E)
WARNING
				SIGNS.
Wherever an existing clearance is reduced, so as to
				endanger the life or limb of any person working along or upon any railroad
				engine or car, a sign warning such workman of the reduction will be maintained
				by the railroad.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 4 - RAILROAD RULES AND REGULATIONS › Section 291-4-003 - MINIMUM SAFETY REQUIREMENTS

Current through June 17, 2024
003.01
RAILROAD MINIMUM INJURY AND PROPERTY DAMAGE REPORT.
003.01(A)
ACCIDENT
				REPORTS.
Upon occurrence of any serious personal injury or loss of
				life to persons other than railroad employees resulting from an accident at a
				railroad crossing or from an accident involving an explosion, fire, or release
				of noxious fumes occurring upon any railroad within the State of Nebraska, the
				corporation which operates the railroad upon which the accident occurred will
				report such accident in writing or by telephone to the Commission within
				twenty-four (24) hours of the time such accident occurred.
003.01(B)
SUPPLEMENTAL ACCIDENT
				REPORTS.
All corporations which operate railroads in the State of
				Nebraska shall report in writing to the Commission all accidents on their lines
				in Nebraska involving personal injury or property damage as determined pursuant
				to Title 49 C.F.R. Part 225 accident reporting requirements to the Federal
				Railroad Administration. These reports are due within thirty (30) days from the
				end of the month in which the accident occurred.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-001 - GENERAL

Current through June 17, 2024
001.01
Definitions
As used in this chapter unless the context otherwise
				  requires.
001.01A
Access
001.01A1
Carrier Access
: The ability of interexchange carriers to utilize
				the facilities of the exchange carrier for the origination and termination of
				interexchange calls.
001.
				01A2
Subscriber Access
: The ability of
				subscribers to utilize the facilities of the exchange carrier for connection to
				the network.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-002 - LOCAL EXCHANGE SERVICE

Current through June 17, 2024
002.01
General
002.01A An exchange carrier shall have the
				authority, through its Certificate of Public Convenience and Necessity, within
				its Certificated service area to
002.01A1
				Provide local exchange or access line service.
002.01A2 Provide radio common carrier
				service, including paging and mobile telephone service. Such radio common
				carrier service shall be subject to the provisions of Chapter 6 of these rules
				and regulations.
002.01A3 Provide
				the resale of access line service as may be defined in the exchange carriers'
				tariffs.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-003 - INTEREXCHANGE SERVICE

Current through June 17, 2024
003.01
General
An interexchange carrier shall have the authority, through
				  its certificate of public convenience and necessity or permit granted by the
				  Commission, to provide interexchange telecommunications services subject to the
				  provisions in this section.
003.01A
				The Commission shall maintain safeguards for the protection of proprietary
				information, included but not limited to, protective orders and limited
				distribution of the proprietary information.
003.01B The Commission may exempt an
				interexchange carrier or interexchange service from any provisions of this
				chapter when the Commission determines that the interexchange carrier or
				interexchange service is subject to competition. The Commission shall continue
				to exercise oversight authority over all interexchange carriers and services,
				and may reimpose or strengthen to the extent necessary, regulation over such
				services or carriers when the Commission determines such regulation is
				warranted.
003.01C The following
				subsections of the preceding section in this chapter shall apply to
				interexchange carriers with the terms "exchange carrier", "access line
				service", and "central office" replaced by "interexchange carrier",
				"interexchange service", and "switching office" respectively if the service is
				provided as a common carrier. If the interexchange service is provided as a
				contract carrier, the contract shall govern the terms and conditions, if any,
				of the subsections below apply:
002.02
Adequacy of Service
002.03
Interruptions of Service
002.05
Emergency Operations and Power
002.08
Maintenance Program
002.09
Operator Rules
002.11
Answering Time Objectives
002.15
Application for Service
002.16
Refusal of Service and Disconnection
002.17
Customer Billing
002.19
Rules Governing Credit and Deposits
002.23
Records
002.27
Transfer of Ownership of Exchange Carriers of their
						  Properties
002.31
Rate Regulation
003.01D Common carriers providing
				interexchange service shall comply with Sections 003.02 through
				003.11C. Contract
				carriers providing interexchange service pursuant to contract authority shall
				comply with Sections 003.02 through
				003.11C unless the
				terms of their respective contracts provide for some
				alternative.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-004 - SUBSCRIBER COMPLAINTS OF SLAMMING AND UNAUTHORIZED CHARGES

Current through June 17, 2024
004.01
Definitions
For purposes of this section, the definitions in Section
				  001.01 shall apply except that as used in this section and unless the context
				  otherwise requires
004.01A Slamming
				shall mean the unauthorized switching of a telecommunications company selected
				by the subscriber to provide telecommunications service.
004.01B Subscriber shall mean a person or
				persons, company, or lawful entity, who has the financial responsibility for
				the telephone service provided by a telecommunications provider.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-006 - NEBRASKA INTERNET ENHANCEMENT FUND PROGRAM

Current through June 17, 2024
006.01
Statutory
				Authority
:
This section is adopted pursuant to 2001 Laws Neb.
				  827.
006.02
Definitions
:
As used in this section, unless the context otherwise
				  requires, the following definitions apply
006.02A Advanced telecommunications
				capability shall mean highspeed, broadband telecommunications capability that
				enables users to originate and receive high-quality voice, data, graphics, and
				video telecommunications using any technology.
006.02B Commission shall mean the Nebraska
				Public Service Commission.
006.02C
				Eligible service provider shall mean an entity certificated, permitted or
				otherwise legally authorized to provide telecommunications, video, internet or
				other related services.
006.02D
				Fund shall mean the Nebraska Internet Enhancement Fund created pursuant to 2001
				Laws Neb. 827.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-007 - DARK FIBER LEASING

Current through June 17, 2024
007.01
Statutory
				Authority
:
This section is adopted pursuant to 2001 Laws Neb.
				  827.
007.02
Definitions
:
As used in this section, unless the context otherwise
				  requires, the following definitions apply
007.02A Applicant means a party filing an
				application.
007.02B Commission
				means the Nebraska Public Service Commission.
007.02C Cost of infrastructure overbuilding
				means the cost of each leased optic fiber, including the cost, on a pro rata
				basis, associated with the agency or political subdivision(s installation of
				such fiber.
007.02D Dark fiber
				means any unused fiber optic cable through which no light is transmitted or any
				installed fiber optic cable not carrying a signal.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-008 - WIRELESS REGISTRATION

Current through June 17, 2024
008.01
Statutory
				Authority
:
This section is adopted pursuant to 2001 Laws Neb.
				  1211.
008.02
Definitions
:
As used in this section, unless the context otherwise
				  requires
008.02A
Commission
: The Nebraska Public Service
				Commission.
008.02B
Person
: Any individual, firm, organization,
				corporation, company, association, partnership, joint stock association, body
				politic, common carrier, society, legal representative, trustee, receiver,
				assignee, guardian, executor, or administrator.
008.02C
Telecommunications
: The transmission, between or among
				points specified by the subscriber, or information of the subscriber=s
				choosing, without a change in the form or content of the information as sent or
				received.
008.02D
Telecommunications Service
: The offering of
				telecommunications for a fee.
008.02E
Wireless
				Carrier
: Any person offering mobile radio service, radio paging
				service, or wireless telecommunications service for a fee in Nebraska
				intrastate commerce.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-010 - NEBRASKA TELECOMMUNICATIONS RELAY SYSTEM

Current through June 17, 2024
010.01
Purpose
:
Provide a statewide telecommunications relay system and a
				  statewide voucher program for the provision of specialized telecommunications
				  equipment for qualified deaf, hard of hearing, or speech-impaired persons in
				  Nebraska which enables them to communicate twenty-four (24) hours per day,
				  seven (7) days per week, including holidays, with other persons who use
				  conventional telephone systems.
010.02
Statutory
				Authority
:
This section is adopted pursuant to the Telecommunications
				  Relay System Act.
010.03
Scope
:
Any person using NTRS shall not be charged for access to such
				  system other than charges billed for in-state and out-of-state long-distance
				  telephone service. NTRS shall at a minimum provide statewide in-state calls
				  with charges for long-distance calls billed to the person making the call in a
				  manner which the Commission determines will recover the cost of long-distance
				  calls to the system; out-of-state calls with charges billed to the person
				  making the call; and emergency calls.
010.04
Commission
				Authority
:
Procedures involving the administration of NTRS shall be
				  governed by the Nebraska Telecommunications Relay System Rules and the Rules of
				  Commission Procedure unless otherwise prescribed by order of the Commission.
				  The Commission may enter into contracts with other agencies or private
				  organizations to operate NTRS and NSTEP.
010.04A
Administrative
				Fines
: The Commission may administratively fine pursuant to Neb.
				Rev. Stat. Section
				75-156
				any person who violates the Act.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-013 - TELECOMMUNICATION LINES, WIRES, OR CABLES CROSSING RAILROAD RIGHT-OF-WAYS

Current through June 17, 2024
013.01
Definitions
:
For purposes of this section, the definitions in Section
				  001.01 shall apply except that as used in this section and unless the context
				  otherwise requires
013.01A Railroad
				carrier has the same meaning as in Neb. Rev. Stat. Section
				75-402.
013.01B Railroad has the same meaning as in
				Neb. Rev. Stat. Section
				75-402.
013.01C Telecommunications carrier means a
				telecommunications common carrier or a telecommunications contract
				carrier.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 6 - PRIVATE WATER COMPANIES RULES AND REGULATIONS › Section 291-6-001 - GENERAL

Current through June 17, 2024
001.01
Definitions
:
As used in this chapter unless the context otherwise
				  requires.
001.01A
Private
				Water Company
: A privately owned entity organized for the purpose
				of furnishing water for domestic use, sewer services or both to the public,
				cities, villages, special districts, or other political subdivisions but shall
				not include (a) any entity that furnishes water for domestic use or sewer
				services to a mobile home park; (b) bottled water suppliers; or, (c) any group
				of property owners who cooperatively own a water well for the sole purpose of
				providing water for domestic use to their property if each owner has an equal
				vote in determining the rates charged for the water.
001.01B
Commission
:
				The Nebraska Public Service Commission.
001.01C
Customer
:
				Any person, firm, partnership, corporation, municipality, cooperative,
				organization, governmental agency or any other entity provided with water or
				sewer service by a private water company.
001.01D
Proprietary
				Information
: Any information that is intended solely for the use
				of persons authorized by a company and not for general disclosure.
001.01E
Tariff
: The
				schedule of rates, charges, classifications, and rules and regulations which
				are filed with the Commission by the private water company.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 6 - PRIVATE WATER COMPANIES RULES AND REGULATIONS › Section 291-6-002 - PRIVATE WATER COMPANY

Current through June 17, 2024
002.01 On or before July 1 of each year, each
				private water company shall file a schedule of its rates and charges with the
				Commission and shall certify to the Commission the number of customers it
				serves.
002.02 The Commission and
				its agents shall be entitled access to all books, records, and other
				information of a private water company which may be necessary for the
				Commission to determine whether it may exercise regulatory authority.
002.03 The Commission shall maintain
				safeguards for the protection of proprietary information, included but not
				limited to, protective orders and limited distribution of the proprietary
				information.
002.04
Initial Rate Review
:
Within ninety (90) days after July 1, 1994, a petition may
				  be filed with the Commission requesting a review of the established rates and
				  charges. The petition shall be signed by at least twenty-five percent (25%) of
				  the private water company's customers.
002.05
Application for New Rates
				or Charges or Changes in Existing Rates or Charges for Water or Sewer
				Service
:
A private water company which proposes to change any of its
				  rates or charges shall provide sixty (60) days notice to its customers and the
				  Commission of the proposed rates or charges.
002.05A Prior to the effective date of the
				proposed rates or charges, a petition may be filed with the Commission
				requesting a review of the proposed rates and charges. The petition shall be
				signed by at least twenty-five percent (25%) of the private water company's
				customers.