reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 432 - NEBRASKA MAIL ONLY PRECINCT ACT › Chapter 2 - EARLY VOTING LOCATIONS › Section 432-2-002 - Location Requirements

Current through June 17, 2024
002.01 All
				locations shall meet accessibility standards established by the 1990 Americans
				with Disability Act.
002.02 All
				locations shall have sufficient parking and signage to meet the needs of voters
				using the location.
002.03 All
				locations, excluding the election commissioners or county clerk's main office,
				shall have uniform hours of operation; however, hours of operation for the
				locations may vary from day to day as provided in the application to allow the
				county clerk or election commission to determine voter use patterns.
002.04 All locations shall have adequate
				electrical power to operate necessary equipment.
002.05 Telephone access, either wireless or
				landline shall be available at each location.
002.06 A written agreement with the owner or
				proprietor shall be in place for each location. The agreement shall contain,
				but not be limited to, a clear description of the space to be used, the days
				and hours needed, permission to post signs, including advance notice of the use
				of the location as an Early Voting Location, description of janitorial
				services, including making pathways accessible in case of inclement weather,
				and a clear statement of cost, if any.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 432 - NEBRASKA MAIL ONLY PRECINCT ACT › Chapter 2 - EARLY VOTING LOCATIONS › Section 432-2-003 - Administrative Requirements

Current through June 17, 2024
003.01 Dates set
				for Early Voting Locations shall comply with Neb. Rev. Stat. Section
				32-904
				(2005 Supp.) (20 days preceding the Election).
003.02 The election commissioner or county
				clerk shall have at least three poll workers present at each location at all
				times and shall be of different political party affiliation as provided in the
				Election Act, Neb. Rev. Stat. Section
				32-230
				(Reissue 2004).
003.03 Each poll
				worker shall receive a minimum of 4 hours training prior to service at an Early
				Voting Location.
003.04 The
				election commissioner or county clerk shall include Early Voting Location
				organizational and operational plans as provided in the applications pursuant
				to Rule 1.04.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 432 - NEBRASKA MAIL ONLY PRECINCT ACT › Chapter 2 - EARLY VOTING LOCATIONS › Section 432-2-004 - Security Requirements

Current through June 17, 2024
004.01 The election
				commissioners or county clerk shall develop a plan to ensure accountability and
				security of records, ballots, and equipment.
004.02 Voted ballots shall be returned to the
				election commissioner's or county clerk's office by a judge of election after
				the closing of the Early Voting Location each day.
004.03 A report form shall be returned to the
				election commissioner's or county clerk's office by a judge of elections after
				the closing of the polls each day indicating the number of persons voting,
				ballots issued, ballots spoiled, and ballots unused. The report shall be signed
				by all members of the Receiving Board present at the closing of the Early
				Voting Location each day.
004.04
				Voting equipment and election materials, other than ballot booths and ordinary
				office supplies, shall be secured in a locked room at each location after the
				closing of the satellite location each day.
004.05 Access to the locked storage room
				should be limited to the Early Voting Location workers, the county clerk or
				election commissioner.
004.06
				Access to the locked storage room by the owner or proprietor shall be limited
				to times when the election commissioner, county clerk or their assistants are
				present.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 432 - NEBRASKA MAIL ONLY PRECINCT ACT › Chapter 2 - EARLY VOTING LOCATIONS › Section 432-2-005 - Eligible Voters

Current through June 17, 2024
005.01 All persons
				currently registered to vote in the county are eligible to vote at an Early
				Voting Location.
005.02 Notice on
				the location and hours of operation shall be provided by publication of a
				display type ad in a newspaper of general circulation in the county at least
				once during the week prior to commencement of early voting at the location and
				at least once each week during the operation of the location.
005.03 Registered voters of the county who
				are qualified to vote only by provisional ballot shall be eligible to meet the
				prescribed requirements in Neb. Rev. Stat, section
				32-915
				(2005 Supp.) and cast a provisional ballot at an Early Voting
				Location.
005.04 Regarding closing
				time, only registered voters who are in line to vote at the time prescribed for
				the closing of the Early Voting Location will be allowed to vote.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-001 - DEFINITIONS

Current through June 17, 2024
001.01 Act
"Act" means Neb. Rev. Stat. §§
										81-1901
				  through
				  81-1936
				  (R.R.S. 2008, R.S.Supp., 2012)
001.02 Secretary
"Secretary" shall mean the Secretary of State for the State
				  of Nebraska or his or her designee.
001.03 Examiner
"Examiner" shall mean a polygraph examiner or a voice stress
				  examiner.
001.04 Polygraph
				Examiner
"Polygraph Examiner" shall mean any person, other than an
				  intern who uses an approved polygraph to test or question an examinee for the
				  purpose of attempting to determine truth or deception.
001.05 Voice Stress Examiner
"Voice Stress Examiner" shall mean any person, other than an
				  intern, who uses an instrument capable of permanently recording on a graph one
				  or more psychophysiological reactions present in the voice of an examinee for
				  the purposes of attempting to determine truth or deception.
001.06 Examinee
"Examinee" shall mean the individual who is being tested,
				  examined, or questioned by an examiner or intern for the purpose of verifying
				  truthfulness or detecting deception.
001.07 Examination
"Examination" shall mean a procedure by which a person
				  licensed under this act, using instrumentation prescribed by the act,
				  administers voluntarily to a person tests using instrumentation to verify truth
				  or detect deception, and provides an opinion as to a person's truthfulness or
				  deceptiveness, based upon the tests administered during the
				  examination.
001.08 Test
"Test" shall mean that part of a truth or deception
				  examination during which a person licensed under this act, solicits from a
				  person, responses which will be recorded by instrumentation to measure
				  psychophysiological responses for the purpose of attempting to determine truth
				  or deception.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-002 - PROVIDE HEARING PROCEDURE

Current through June 17, 2024
002.01 To provide
				rules of procedure for appeals from determinations by the Secretary, his/her
				appointee or designee in any case in which the legal rights, duties or
				privileges of specific parties are required by law or constitutional right to
				be determined after an agency hearing, and where an appeal process has not
				otherwise been established by state law or agency administrative
				rule.
002.02 Request for Hearing
				before the Secretary
Any affected party desiring to appeal a determination of the
				  Secretary, his/her appointee or designee may file a typewritten request for
				  hearing with the Secretary of State. The request shall be on 8 1/2 x 11 inch
				  paper.
002.02A. Content.
A request for hearing shall contain the following:
002.02A1. The full name, address and
				telephone number of the person requesting the hearing;
002.02A2. The full name, address and
				telephone number, if known, of any person whose interests could be affected by
				the hearing officer's decision, hereafter referred to as an "interested
				party";
002.02A3. A plain and
				concise statement of the reasons why the determination of the Secretary,
				his/her appointee or designee is erroneous;
002.02A4. A certificate showing that a copy
				of the request for hearing has been mailed, ordinary certified or registered
				mail, or has been personally delivered to each person listed in section
				002.02A2.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-003 - DIVULGING INFORMATION

Current through June 17, 2024
003.01 An examiner
				may authorize the monitoring of an examination by, and the divulging of
				information concerning the examination to, a person engaged in research or
				education related to conducting truth and deception examinations and may also
				authorize the monitoring of an examination by, and the divulging of information
				to a person who has a substantial interest in the examination or the examinee,
				or both, if the examiner first obtains from such person his or her agreement to
				abide by the provisions of the act and these rules and regulations, except that
				no license requirements shall apply to the monitor.
003.02 A person who monitors an examination
				shall not disclose to any person, except the person requesting the examination,
				any information divulged by the examinee during a truth and deception
				examination without first obtaining specific written consent from the examinee,
				unless otherwise required to do so by law.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-004 - WRITTEN CONSENT FOR DISCLOSURE

Current through June 17, 2024
004.01 An examiner,
				his or her agents, or other person shall not divulge any information revealed
				by an examinee during an examination in explaining or responding to comparison
				questions introduced for diagnostic purposes without first obtaining the
				written consent of the examinee, except where such information specifically
				concerns the objectives of the examination stated and agreed to in advance by
				the examinee and subject to the provisions of the act and these rules and
				regulations. However, this shall not be construed as prohibiting lawful
				disclosure or use of any information concerning additional admissions or
				explanations volunteered by the examinee during the examination where such
				admissions or explanations are not responsive to comparison
				questions.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-007 - PREPARATION OF WRITTEN REPORTS

Current through June 17, 2024
007.01 An examiner
				shall, upon the written request of the examinee or the person requesting the
				examination, prepare a written report of the examination, which shall contain
				the following:
007.01A. A statement of
				arrangements for the examination including the name of the person requesting
				the examination, date, time, and location of the examination, type of
				instrumentation used to administer the examination, and a statement of purpose
				for the examination.
007.01B. The
				number and type of tests used during the examination.
007.01C. The examiner's opinion as to the
				truthfulness or deception of the examinee, or the examiner's statement that he
				or she was not able to reach a conclusion about the examinee's truthfulness or
				deception.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-008 - MAINTENANCE OF RECORDS

Current through June 17, 2024
008.01 An examiner
				shall, in the case of every truth and deception examination administered by him
				or her, create and maintain a record for not less than 1 year. Such record
				shall contain, at a minimum, all of the following:
008.01A. Information pertaining to the name
				of the Person (company, corporation, firm or agency) requesting the
				examination, date, time, and location of the examination, type of
				instrumentation used to administer the examination, and a statement of purpose
				for the examination.
008.01B. All
				written consents and acknowledgements of the examinee as required elsewhere in
				these rules.
008.01C. Information
				volunteered by the examinee during the pretest or post-test interview that is
				pertinent to the objectives of the examination.
008.01D. The exact wording of the questions
				asked during the administration of the test series and the examinee's exact
				answers to those test questions.
008.01E. All polygraph and voice stress
				recordings, including charts, made during the truth and deception examination
				test. Such recordings and charts shall adequately identify all of the
				following.
008.01E1. The name of the
				examinee
008.01E2. The name of the
				examiner
008.01E3. The date, time
				and location of the test.
008.01E4.
				The order in which the tests were administered.
008.01E5. The identification of each test
				question.
008.01E6. The examinee's
				answer to each test question.
008.01F. All pretest interview information
				volunteered by the examinee relating to the examinee's background, education,
				health, medical history, and his or her general suitability for the
				examination.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-009 - RULES OF CONDUCT

Current through June 17, 2024
009.01 A person
				conducting a truth and deception examination as prescribed by this act shall,
				in case of every truth and deception examination, do the following:
009.01A. Conduct all examinations in the
				physical presence of the examinee.
009.01B. Personally obtain a written consent
				from the examinee prior to administering an examination, unless such
				examination is a requirement of law or judicial ruling. Then obtaining such a
				release is not required. The consent shall contain as a minimum, all of the
				following:
009.01B1. The name of the
				examinee
009.01B2. The name of the
				examiner, and license description.
009.01B3. The date, time and location of the
				examination.
009.01B4. An
				explanation of the nature and purpose of the examination which has been made by
				the examiner.
009.01B5. An
				explanation that the examination is voluntary and that the examinee may
				discontinue the examination at any time.
009.01B6. The type of instrumentation used to
				conduct the examinations.
009.01B7.
				The name of the person, company, corporation, firm or agency requesting the
				examination.
009.01B8. The name of
				the person, company, corporation, firm or agency to whom the written results of
				the examination will be provided.
009.07B9. The signature of the examinee or
				witnessed mark of the examinee.
009.07B10. The signatures of witnesses,
				monitors, and interns participating in the examination.
009.01C. Develop an opinion concerning an
				examinee's truthfulness or deception based upon the examination conducted, or
				an opinion that the examiner could not reach a conclusion from the testing
				conducted.
009.01D. The examiner
				shall insure the equipment used to conduct a truth and deception examination is
				maintained in working order, and prior to testing insure that it is in working
				order.
009.01E. An examiner shall,
				prior to examination, insure the purpose of the examination is not to
				circumvent or defy the law.
009.01F. No examiner shall conduct an
				examination of any examinee he or she believes, through observation, interview
				or other credible evidence, to be physically or psychologically unfit for such
				an examination at the time.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-010 - APPLICATION FOR LICENSE

Current through June 17, 2024
010.01 A person
				applying for a truth and deception examiner's license under this act shall
				complete the application for licensing supplied by the Secretary and take a
				written examination provided by the Secretary.
010.01A. The Secretary will provide a time
				and place for an applicant to take the written examination. All examinations
				will be given by appointment with the Secretary.
010.01B. The licensing fee of $ 50.00 shall
				be paid on behalf of the applicant on the date of the examination prior to
				taking the licensing examination.
010.01C. The written examination may consist
				of multiple choice, true or false, other objective question types, and essay
				questions. A time limit of two (2) hours shall be observed during the
				administration of the examination.
010.01D. All applicants shall attain not less
				than 70 percent correct answers on the written examination.
010.01E. All applicants shall be notified of
				the results of the examination by mail not later than 15 days after the
				examination. The scores of the written examination shall not be released,
				unless otherwise required to do so by law.
010.01F. The $50 fee is not refundable if an
				applicant fails the written examination, unless otherwise provided by
				law.
010.01G. An applicant may
				re-take the written examination after a period of 30 days, but not more than 90
				days, from the date of the first examination. If the applicant fails the second
				examination, the applicant must wait six (6) months from the date of the second
				examination before re-applying, and must re-file a second application form
				up-dating previous information supplied on the first application.
010.01H. The written examination shall cover
				the following topics:
010.01H1.
				History
010.01H2.
				Physiology
010.01H3.
				Psychology
010.01H4.
				Instrumentation
010.01H5. Testing
				Procedures
010.01H6. State
				Law
010.01H7. Federal
				Law
010.01I. Separate
				written examinations shall be given for the polygraph and voice stress
				applicants, with at least half of the questions on each examination worded
				identically.
010.01J. The questions
				and answers for the written polygraph and voice stress examinations shall not
				be released, unless otherwise required to do so by law.
010.01K. Information contained on a person's
				application for truth and deception examiner's license shall only be released
				in accordance with the public records statutes
				84-712
				to
				84-712.09
				(R.R.S. 2008, R.S.Supp., 2012), unless otherwise required to do so by
				law.
010.01L. A licensed examiner,
				under this act, whose license has expired, or whose license has been revoked
				under provisions of this act, or these rules and regulations, shall be required
				to complete an application for a license, retake the written examination for a
				license, and pay all fees required for re-licensing.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-011 - LISTING OF LICENSES

Current through June 17, 2024
011.01 The
				Secretary shall prepare and publish a list of all persons holding valid
				licenses issued by the Secretary. This list shall include the name and address
				of the licensee, license number, expiration date, and the type of license
				issued. Such list shall be available at no charge upon request, and shall be
				published on the Secretary of State's website and updated on a regular
				basis.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-012 - SCHOOLS OR TRAINING PROGRAMS

Current through June 17, 2024
012.01 Any school
				or training program accredited or certified by the American Polygraph
				Association, the National Institute for Truth Verification, or the National
				Association of Computer Voice Stress Analysts shall be accepted for approval of
				their graduates for licensing under this act.
012.02 Any school or training program
				requesting said school or program be accepted for approval of their graduates
				for licensing under this act which is not accredited or certified by the
				American Polygraph Association, the National Institute for Truth Verification,
				or the National Association of Computer Voice Stress Analysts, shall provide
				the Secretary with a formal request together with a course outline, the number
				of hours taught for each subject, the names and professional history of its
				owners, staff, and instructors, proof the school has met all requirements of
				the Department of Education for the State of Nebraska, and submit any
				additional information the Secretary may desire and request, so he or she may
				determine that the applicant is actually an acceptable training institution.
				The failure of any such school or training facility to provide the requested
				information shall result in non-approval of the applicant and no graduate of
				such school or training facility may be licensed by the Secretary.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-013 - QUALIFICATION OF INTERNS

Current through June 17, 2024
013.01 A person is
				qualified to receive a license as an intern if he or she meets the requirements
				of the act. Before being issued an intern's license, an applicant shall submit
				a completed license application, provided by the Secretary which shall include
				the name, address, qualifications, and internship proposal identifying the
				intern's training supervisor.
013.02 An approved internship or internship
				training program shall consist of an academic training component and a
				practical training component, all of the following provisions apply:
013.02A. An applicant shall submit to the
				Secretary satisfactory evidence of enrollment or completion in a course of
				instruction in the theory and practice of polygraph or voice stress
				technique.
013.02B. The course of
				instruction referred to in section
				13.02A shall be
				conducted at a polygraph or voice stress school approved by the
				Secretary.
013.02C. The successful
				completion of the in-house phase of the school's training by an applicant shall
				be verified by a letter from the training facility.
013.02D. To qualify for an examination for a
				full license, a school shall issue a certificate that an applicant has met all
				requirements of the school.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-014 - INTERNSHIP TRAINEE SUPERVISORS

Current through June 17, 2024
014.01 Internship
				trainee supervisor status shall be granted for a 24-calendar-month term to an
				applicant who meets the following minimal requirements and who has applied for
				this status with the Secretary:
014.01A. Holds
				a current public or private polygraph or voice stress examiner's license in the
				State of Nebraska.
014.01B. Has
				satisfactorily completed a formal course of instruction in polygraph or voice
				stress technique approved by the Secretary.
014.01C. Has had not less than two (2)
				continuous years of experience in administering polygraph or voice stress
				examinations before application for intern trainee supervisor status, during
				which period he or she personally conducted a minimum of 75 such
				examinations.
014.01D. Provides
				satisfactory evidence that he or she has done one or more of the following in a
				24-calendar-month period immediately before his or her application.
014.01D1. Attended one or more seminars or
				workshops relating directly with the polygraph or voice stress technique where
				such workshops or seminars total not less than 16 hours of attendance. Such
				workshops or seminars shall involve topics related to polygraph or voice stress
				testing. Satisfactory evidence of attendance and substantive areas covered in
				such workshops shall be submitted to the Secretary.
014.01D2. Completed not less than 15 semester
				hours of academic course work at an accredited college or university.
014.01D3. Completed not less than 10 semester
				hours of academic course work at an accredited college or university, and
				attended one or more seminars or workshops approved by the Secretary relating
				directly with the polygraph or voice stress technique, where such workshops or
				seminars total not less than 6 hours of attendance.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-015 - REPORTS TO SECRETARY OF STATE BY SUPERVISOR

Current through June 17, 2024
015.01 An intern
				supervisor shall immediately submit written notice to the Secretary, if any of
				the following occur:
015.01A. Any action or
				inaction by the intern in violation of the act or these rules and
				regulations.
015.01B. Any judgment
				of the intern supervisor that the internship should be terminated and the
				reasons therefore.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-016 - RENEWAL OF LICENSES

Current through June 17, 2024
016.01 Prior to
				December 31 of each year, the Secretary shall notify each public and private
				licensed examiner that they must renew their license. The Secretary shall
				provide each licensed examiner with a short form renewal application, which the
				licensee shall complete and return to the Secretary with a $25 renewal fee
				prior to December 31st of each year if they wish to
				remain licensed. The renewal application form will be an affidavit and will
				contain the necessary information required by the Secretary for license
				renewal.
016.02 Public and private
				licenses shall expire on December 31st of each year.
				A person whose license has expired shall reapply for licensing and meet all
				requirements of the act and these rules and regulations.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-017 - ADVISORY BOARD

Current through June 17, 2024
017.01 The
				Secretary may at his/her discretion seek the advice and counsel of persons
				holding valid public and private truth and deception licenses on such matters
				as the Secretary deems necessary. Further, the Secretary may at his or her
				discretion create an advisory board of persons holding valid truth and
				deception licenses of which this board will be made up. The board will be made
				up of four persons holding polygraph examiner's licenses and four persons
				holding voice stress examiner's licenses. This board shall serve in a non-paid
				capacity and at the pleasure of the Secretary of State. Notice of a Board
				meeting shall be given and meetings shall be held as required by the Nebraska
				Open Meetings Act. The purpose of the board is to advise the Secretary on
				points concerning the licensing act. This may include but not be limited to:
017.01A. Internship requirements
017.01B. Development of the written
				examination.
017.01C. Development
				of rules and regulations
017.01D.
				Reviewing applications for intern licenses, examiner licenses, training
				facilities, and intern trainee supervisor applications.
017.01E. To review procedures under which
				examinations are administered.
017.01F. To assist during the investigation
				of complaints against examiners.
017.01G. To conduct on-site inspections of
				intern examiner's facilities, examiner's facilities for license renewal, and to
				inspect equipment used for testing to verify the equipment's
				condition.
017.01H. To assist
				during the administration of the written examinations for licensing.
017.01I. To provide technical advice to the
				Secretary in areas of interest to the administration of the licensing
				act.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-018 - MISREPRESENTATION

Current through June 17, 2024
018.01 A person
				holding a valid license issued under this act shall not make any willful
				misrepresentation or false promises or cause to be printed any false or
				misleading advertisements for the purpose of directly or indirectly obtaining
				business or interns.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-019 - PROFESSIONAL CONDUCT AND STANDARDS

Current through June 17, 2024
019.01 All persons
				who are licensed will conduct themselves at all times as professionals, placed
				in a unique position of private and public trust, respecting and protecting
				both the dignity and civil rights of those with whom they have professional
				dealings; maintaining the highest standards of qualification, taking on no task
				for which they are not thoroughly prepared; devoting themselves to
				truth.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 1 - TRUTH AND DECEPTION EXAMINERS › Section 433-1-020 - APPLICATIONS AND OTHER FORMS

Current through June 17, 2024
020.01 The
				following forms shall be available to applications for licensing under the Act:
020.01A. Application for Polygraph or Voice
				Stress Examiner's License
020.01B.
				Affidavit as to Truthfulness and Completeness
020.01C. Internship Proposal
020.01D. Truth and Deception Examiner's
				Internship Trainee Supervisor Application
020.01E. Sponsor's Report of
				Internship
020.01F.
				Renewal/Extension Application
020.01G. Nonresident Consent for Service of
				Process
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-001 - DEFINITIONS

Current through June 17, 2024
For purposes of Chapter 2 of these regulations:
001.01. Solicitor means anyone actively
				engaged in contacting creditors or prospective clients for the purpose of
				selling the collection agency's services and/or anyone collecting on accounts
				once referred or assigned to a licensed collection agency, solicitor does not
				mean anyone actively engaged solely in office clerical work for an
				agency.
001.02. Soliciting means
				acquiring, or attempting to acquire through advertising or other means,
				accounts for collection from clients located or doing business in
				Nebraska.
001.03. Sworn complaint
				means a written complaint which is notarized or otherwise legally authenticated
				by oath or affirmation
001.04.
				Board means the Nebraska Collection Agency Licensing Board.
001.05. Act means the Nebraska Collection
				Agency Licensing Act.
001.06.
				Manager means any employee or owner of a collection agency with comprehensive
				supervisory authority and responsibilities with the agency; manager does not
				mean or include those with only limited supervisory authority or
				responsibilities.
001.07.
				Application means a an application submitted on through the Registry in a
				format approved by the Board.
001.08. Registry means the Nationwide
				Mortgage Licensing System as defined in Neb. Rev. Stat. §
									45-602(4).
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-003 - APPLICATIONS

Current through June 17, 2024
003.01. Each application to be considered by
				the Board will be submitted through the Registry.
003.02. Applications submitted to the Board
				will contain the information provided below;
003.02A. Initial Application for Collection
				Agency License
003.02A1. Before being
				considered by the Board, every application for a collection agency license will
				include the following information and meet the following:
003.02A1i. All questions on the application
				form(s) will be answered, unless otherwise noted on the form,
003.02A1ii All licensing and investigation
				fees will be paid in advance.
003.02A1iii All instruments used for payments
				of licensing and investigation fees other than cash will have been paid by the
				institution they were drawn upon.
003.02A1iv For out of state applicants
				already doing business outside Nebraska, provide a list of ten customers for
				reference purposes. If the applicant does not have ten customers, the applicant
				will provide as many as it currently services.
003.02A1v Personal references for individual
				and partnership applicants.
003.02A1vi If the applicant is a corporation,
				limited liability company, or other business entity, a copy of their articles
				of incorporation, certificate of organization, or other formation document and
				the name and address of their resident agent.
003.02A1vii If the applicant is a
				corporation, limited liability company, or other business entity, the Board
				will verify that the entity is in good standing to conduct business in the
				state of Nebraska.
003.02A1viii
				Financial statement of the corporation or business.
003.02A1ix A bond in the amount specified by
				the Act.
003.02A1x The names and
				aliases of all solicitors to be initially employed by the
				agency.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-004 - SOLICITORS' CERTIFICATE FORMS

Current through June 17, 2024
004.01. Solicitors'
				certificates become null and void upon the lapse, non-renewal, or revocation of
				the license of the agency using the solicitor as its employee or agent, or upon
				the termination of the solicitor's employment with the agency they work
				for.
004.02. The licensee will
				notify the Board in writing within 90 days upon the termination of employment
				of an employee holding a solicitor's certificate.
004.03. The licensee will provide an
				alphabetical list of new employee(s) which are soliciting or collecting on
				accounts in Nebraska within 90 days from the date of hire. The list will
				contain the name(s) of the employee(s) and any alias used along with the date
				of hire and the solicitor's fee.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-005 - LICENSES

Current through June 17, 2024
005.01. Upon any of the following changes,
				the licensee will notify the Board in writing of such change within thirty (30)
				days after its occurrence:
005.01A. Change of
				business name or address, including change of Nebraska office name or
				address
005.01B. Any changes in the
				managers or executive officers of a licensed collection agency will be reported
				to the board in writing. Such report will include:
005.01B1. The name and residential street
				address of each new manager or executive officer.
005.01B2. The work history and qualifications
				of each new manager or executive officer.
005.01C. Change in ownership of ten or more
				percent but less than fifty percent of the corporate stock or ownership
				interest if licensee is a corporation, limited liability company, or other
				business entity.
005.01C1. The notice required
				in section
				006.01C shall
				include a list of all owners holding shares or ownership interests in the
				agency along with the percentage of interest
				held.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-006 - RENEWAL OF AGENCY LICENSE

Current through June 17, 2024
006.01. A license
				will only be renewed if the license renewal form along with the appropriate
				fees and evidence of bond or continuance of current bond in the proper amount
				is submitted on or prior to December 31 of each year and if the agency is a
				corporation, limited liability company, limited partnership, or limited
				liability partnership it is s in good standing to do business in
				Nebraska.
006.02. Every renewal
				application received by the Board after the December 31 deadline will be
				considered as an initial license application. Such application will not be
				considered until the proper application and investigation fees have been
				paid.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-007 - INVESTIGATIONS AND FINANCIAL RECORDS

Current through June 17, 2024
007.01. The Board
				may verify any and all information received by the Board pursuant to a license
				or certificate application, complaint, or renewal, by phone, correspondence, or
				personal interviews conducted by members of the Board or employees or agents of
				the Board at the direction of the Board. Board members and employees or agents
				of the Board may be reimbursed for actual and necessary expenses associated
				with such investigations.
007.02.
				The Board may request that anyone being investigated pursuant to a license
				application, complaint, or renewal personally appear before the board to answer
				questions and concerns related to the application, complaint, or
				renewal.
007.03. The Board may
				require a licensee to submit a verified financial statement for examination at
				any time. The Board may require the verified financial statement be prepared
				using Generally Accepted Accounting Principles (GAAP) and verified, reviewed,
				or audited by an independent accountant or Certified Public
				Accountant.
007.04. Licensees will
				maintain a record of all collection payments for two (2) years following the
				date the payment was received. Records of collection payments will include the
				consumer's or business's name, the client's name, the amounts paid, the dates
				on which payments were received, the allocation of each payment to, as
				applicable, principal interest, court costs, attorney fees, other costs, the
				interest rate, the current balance due, and the date of deposit of the
				collection payment to the applicable bank account.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-008 - FAIR DEBT COLLECTION PRACTICES ACT

Current through June 17, 2024
008.01. The Board shall will inform each
				applicant for a collection agency license of the existence of Federal Fair Debt
				Collection Practices Act. (15 U.S.C. sec. 1692 et. seq.) and will inform each
				applicant how they can acquire a copy of the Federal Act.
Annotation: Neb. Rev. Stat. §
										45-605;
				  15 U.S.C. sec. 1692 et. seq.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-009 - MAINTENANCE OF A REGULAR OFFICE IN NEBRASKA

Current through June 17, 2024
009.01. Failure of a collection agency to
				maintain a regular office in the state is grounds for revocation of license
				pursuant to the procedures set forth in these rules and regulations and in the
				Act.
009.02. The minimum standards
				for a regular office are a physical location where a manager, officer, employee
				or agent of the agency maintains regular business hours or other hours as
				posted in public view at the location. Such office will have actual document
				records or access to electronically stored document records of all collections
				and claims involving clients or debtors in the state being handled by the
				licensee.
009.03. The Board may
				verify the existence of a regular office for a particular collection agency
				upon written or verbal notification by any party alleging that such an office
				does not meet the standards of this section.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-011 - APPEALS

Current through June 17, 2024
011.01. Appeal from a final decision of the
				Board on any application for a license or certificate that is denied,
				suspended, or revoked is to be taken in accordance with the Administrative
				Procedures Act (Neb. Rev. Stat. Sec.
				84-901
				et. seq.)
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-012 - FEES AND BOND AMOUNT

Current through June 17, 2024
012.01. In addition
				to the fees charged by the Registry, license fees by payable to the Board shall
				be are as follows:
012.01A.  Collection Agency
				License Fee--$
				200.00
012.01B. Collection Agency License
				Investigation Fee--$
				200.00
012.01C. Collection Agency Annual Renewal
				Fee--$
				75.00
012.01D. Branch Office Certificate Initial--$
				50.00
012.01E. Branch Office Certificate Renewal--$
				35.00
012.01F. Solicitor's Certificate (new or
				renewal)--$
				1.00
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 3 - PRIVATE DETECTIVES › Section 433-3-001 - DEFINITIONS

Current through June 17, 2024
For purposes of Chapter 3 of these regulations:
001.01 For purposes of Chapter 3 of these
				regulations: Private Detective Licensing Act shall mean Neb. Rev. Stat.
				§§
									71-3201
				through
				71-3213.
001.02 Secret service or private policing
				business shall mean and include: general investigative work; non-uniformed
				security services; surveillance services; location of missing persons; and
				background checks.
001.02A. The following
				activities shall constitute general investigative work:
001.02A1. Investigating the identity, habits,
				conduct, movements, whereabouts, transactions, reputation, or character of any
				individual or organization;
001.02A2. Investigating the credibility of
				witnesses or other individuals;
001.02A3. Investigating the location or
				recovery of lost or stolen property;
001.02A4. Investigating the origin of and
				responsibility for libels, losses, accidents, or damage or injuries to
				individuals or property;
001.02A5.
				Investigating the affiliation, connection, or relationship of any individual,
				firm, or corporation with any organization, society, or association, or with
				any official, representative, or member thereof;
001.02A6. Investigating the conduct, honesty,
				efficiency, loyalty, or activities of employees, individuals seeking
				employment, agents, or contractors and subcontractors;
The list of activities in subsection 001.02A shall not be
				  construed as exhaustive.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 3 - PRIVATE DETECTIVES › Section 433-3-002 - PRIVATE DETECTIVE BUSINESS

Current through June 17, 2024
002.01 For purposes
				of the Act advertising or holding oneself out as being engaged in the private
				detective business shall mean and include:
002.01A. Placing advertisements offering
				private detective, secret service or private policing services.
002.01B. Distributing business cards using
				stationary or letterhead indicating the individual or entity offers private
				detective, secret service or private policing services.
002.01C. Soliciting clients for the purpose
				of performing private detective, secret service, or private policing
				services.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 3 - PRIVATE DETECTIVES › Section 433-3-003 - APPLICATIONS AND OTHER FORMS

Current through June 17, 2024
003.01 The
				following forms are required for licensing under the Act: (Example)
003.01A. Application for plain clothes or
				private detective license
003.01B.
				Voucher for plain clothes investigator
003.01C. Application for private detective
				agency license
003.01D. Release of
				information form
003.01E.
				Instructions for use of fingerprint cards
003.01F. Fingerprint card
003.01G. Bond Form
003.01H. Plain clothes or private detective
				license renewal form
003.01I.
				Private detective agency renewal form
The forms listed in this section and attached hereto shall be
				  made available to all applicants for license under the Act and shall be
				  incorporated by reference into these rules and regulations.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 3 - PRIVATE DETECTIVES › Section 433-3-004 - LICENSE APPLICATION REQUIREMENTS

Current through June 17, 2024
004.01 Before being
				considered by the Secretary of State, every application for a private
				detective, private detective agency, or plain clothes investigator license
				shall include the following information and meet the following requirements:
004.01A. All questions on the application
				form(s) must be answered.
004.01B.
				All licensing and investigation fees must be paid in advance.
004.01C. Submission of readable fingerprint
				cards.
004.01D. Submission of a
				license surety bond for $10,000 (for agency and private detective licenses
				only).
004.01E. Submission of a
				color photograph 1" by 1 1/2" facial of applicant taken within 90 days of
				application.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 3 - PRIVATE DETECTIVES › Section 433-3-005 - PRIVATE DETECTIVE and PRIVATE DETECTIVE AGENCY LICENSING REQUIREMENTS

Current through June 17, 2024
005.01 Before being
				approved by the Secretary of State all applicants for a private detective
				license or a private detective agency license must meet or exceed the following
				requirements:
005.01A. Minimum of 3000 hours
				of verifiable investigative experience, or
005.01B. A minimum of 2500 hours of
				verifiable investigative experience if the applicant has completed an associate
				degree in Criminal Justice, or a closely related field, from an accredited,
				regionally recognized, degree-awarding university, college or community
				college, or
005.01C. A minimum of
				2000 hours of verifiable investigative experience if the applicant has
				completed a bachelor's degree in Criminal Justice, or a closely related field,
				from an accredited, regionally recognized, degree-awarding university or
				college, and
005.01D. A minimum
				score of 80% on the license exam.
Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 3 - PRIVATE DETECTIVES › Section 433-3-006 - PLAIN CLOTHES INVESTIGATOR'S LICENSE

Current through June 17, 2024
006.01 Before being
				approved by the Secretary of State all applicants for a plain clothes
				investigators license must meet or exceed the following requirements:
006.01A. A minimum score of 80% on the
				license exam.
006.01B. A statement
				signed by the agency license holder who the plain clothes investigator will be
				employed by ensuring that each investigator has the necessary knowledge to
				competently practice in the private investigative business.