reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.1 - Records Retention › Rule 44.14.106 - DELEGATION AUTHORITY FOR DISPOSAL OF PUBLIC RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Per
				2-6-1101,
				MCA, it is the duty of the Secretary of State to ensure the proper management
				and safeguarding of public records as defined in
				2-6-1002(13),
				MCA.
(2) The state records
				committee, as established by
				2-6-1107,
				MCA, whose presiding officer is the Secretary of State, is authorized to
				approve, modify, or disapprove of agency requests to dispose of public
				records.
(3) Per
				2-6-1103,
				MCA, each executive branch agency of state government is mandated to administer
				its records management function.
(4) Any state agency with a records
				management program that meets established records retention, disposition, and
				archiving criteria may apply for and be granted authority to independently
				dispose of its public records by entering into a delegation agreement with the
				secretary of state and the state records committee.
(5) The Secretary of State and the state
				records committee shall evaluate an agency's ability to manage its records
				independently based on a review of the following agency resources:
(a) management support;
(b) dedicated human resources;
(c) current internal policies and procedures;
(d) annual activity regarding
				retention schedule modifications and disposal requests; and
(e) negotiate directly with the Montana
				Historical Society state archives to establish a mutually acceptable
				preservation process.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.2 - Local Government Records Retention › Rule 44.14.201 - USE OF ELECTRONIC RECORDS STORAGE SYSTEMS FOR LOCAL GOVERNMENT DOCUMENTS

Current through Register Vol. 13, July 5, 2024
(1) Electronic
				records storage systems may be used for the daily management, storage and
				retrieval of documents with a retention schedule of 10 years or more (long-term
				documents) or records with a retention schedule of less than 10 years (short-
				or medium-term documents).
AUTH:
					 2-6-1101,MCA;
					 IMP:
					 2-6-1205,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.2 - Local Government Records Retention › Rule 44.14.202 - STORAGE REQUIREMENT FOR ELECTRONICALLY STORED DOCUMENTS WITH GREATER THAN TEN YEAR RECORD RETENTION (LONG-TERM RECORDS)

Current through Register Vol. 13, July 5, 2024
(1) The Local Government Records Committee
				adopts and incorporates by reference the Association of Records Managers &
				Administrators (ARMA) International's Generally Accepted Recordkeeping
				Principles® for local governments using electronic systems to store
				long-term records, ©2014 ARMA International,
www.arma.org
. Local governments should use them as
				the framework to design, implement, operate, and decommission the systems and
				to manage the records and data within the systems.
(2) ARMA's Generally Accepted Recordkeeping
				Principles® can be accessed on the ARMA web site at the following link:
http://www.arma.org/docs/sharepoint-roadshow/the-principles_executive-summaries_final.doc
.
AUTH:
					 2-6-1101,
					 MCA; IMP:
					 2-6-1205,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.2 - Local Government Records Retention › Rule 44.14.203 - STORAGE REQUIREMENT FOR ELECTRONICALLY STORED DOCUMENTS WITH LESS THAN TEN YEAR RECORD RETENTION SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1)
				Original short- or medium-term documents that are electronically stored may be
				destroyed or otherwise disposed of without maintaining a copy in another
				medium.
AUTH:
					 2-6-1101,
					 MCA; IMP:
					 2-6-1205,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.301 - FEES FOR 16MM MICROFILM SERVICES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1101,
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.302 - FEES FOR 35MM MICROFILM SERVICES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1101,
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.303 - FEES FOR 105MM MICROFILM SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-6-103, MCA; IMP,
					 2-6-110,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.304 - FEES FOR FILM PROCESSING (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1101,
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.305 - FEES FOR FILM INSPECTING (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1101,
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.306 - FEES FOR FILM DUPLICATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1101,
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.307 - FEES FOR JACKET LOADING/TITLING (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1101,
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.308 - MISCELLANEOUS FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.309 - MISCELLANEOUS SUPPLIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1101,
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.310 - FEES FOR RECORDS CENTER SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.311 - FEES FOR RECORDS CENTER BOXES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1114,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.3 - Fees › Rule 44.14.312 - FEES FOR IMAGING SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-15-405,
					 MCA IMP:
					 2-6-1101,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.14 - RECORDS AND INFORMATION MANAGEMENT › Subchapter 44.14.4 - State Records Committee › Rule 44.14.401 - STATE RECORDS COMMITTEE MEMBERSHIP ROTATION

Current through Register Vol. 13, July 5, 2024
(1) Per
				2-6-1107, MCA, the following
				membership rotation is established for those executive branch agencies
				(including those that are administratively attached/allocated) that are not
				designated as permanent representatives of the state records committee:
(a) First rotation (October 1, 2017, through
				September 30, 2019):
(i) Department of
				Commerce;
(ii) State Board of
				Education;
(iii) Department of
				Corrections;
(iv) Department of
				Environmental Quality; and
(v)
				Department of Labor and Industry.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.101 - APPLICATION FOR A COMMISSION AS A NOTARY PUBLIC

Current through Register Vol. 13, July 5, 2024
(1) A person seeking a commission as a notary
				public shall make an application by submitting one or more of the requisite
				forms prescribed by the Secretary of State that includes the following
				information:
(a) applicant's name, which must
				consist of at least one initial and the notary's surname;
(b) applicant's date of birth;
(c) applicant's physical/residential address
				and mailing address;
(d)
				applicant's personal e-mail address;
(e) applicant's personal telephone number;
(f) applicant's employer's name,
				address, and telephone number;
(g)
				applicant's work email address;
(i) if the
				applicant is unemployed or self-employed, the applicant must submit an
				alternate contact person and the alternate contact's phone number or email
				address;
(h) the date
				the applicant's current notary commission expires (if applicable);
(i) the name under which the applicant's
				previous commission was issued (if applicable);
(j) whether or not the applicant intends to
				provide remote and/or electronic notarization services, and, if so, the
				identification of the communication technology and/or the electronic
				notarization system(s) the applicant intends to use and a copy of the
				certificate showing the notary has successfully completed an approved course of
				instruction and examination; and
(k) an exemplar of the applicant's official
				signature which must match the applicant's name as entered on the application
				and the surety bond and which must be used on all tangibly and electronically
				notarized records.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.102 - APPLICATION FEE

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				shall submit a $25 non-refundable application fee.
Sec.
					 1-5-408, MCA; IMP, Sec.
					 1-5-408,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.103 - NOTARY BOND

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				shall submit with the application and fee, a bond on the form prescribed by the
				Secretary of State from an approved bonding company in the amount of $ 25,000
				for the full four-year term of the notary commission. The bonding company shall
				notify the Secretary of State's office within 30 business days if a claim is
				made against the bond or if the bond is canceled or otherwise not honored.
AUTH:
					 1-5-628,
					 MCA; IMP:
					 1-5-619,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.104

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201, MCA; IMP:
					 1-5-104,
					 1-5-405,
					 2-4-604,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.105 - REQUEST FOR CERTIFICATE OF AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) A
				person requesting certificate of authority of a record for a foreign country
				shall submit a $10 nonrefundable fee for each certification, together with a
				form as prescribed by the Secretary of State.
AUTH:
					 1-5-628,
					 MCA; IMP:
					 1-5-608,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.106 - NOTIFICATION TO SECRETARY OF STATE OF CHANGE IN INFORMATION OR STATUS

Current through Register Vol. 13, July 5, 2024
(1) A notary public shall notify the
				Secretary of State within 30 calendar days of any change in the information on
				file with the Secretary of State, using the form prescribed by the Secretary of
				State, including the notary public's:
(a)
				name;
(b) physical/residential
				address;
(c) mailing
				address;
(d) personal or work
				e-mail address;
(e) personal
				telephone number;
(f) alternate
				phone number or contact person;
(g)
				employer's name, address, and telephone number; and
(h) use of electronic notarization system or
				communications technology.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.107 - OFFICIAL STAMP

Current through Register Vol. 13, July 5, 2024
(1) The official
				stamp of a notary public, whether the impression is on a tangible or electronic
				record, shall:
(a) be rectangular in shape and
				approximately 1" by 2½" in size;
(b) be in blue or black ink;
(c) have a circular seal to the left that
				includes the words "notarial seal," the words "State of Montana," and the
				notary public's name as it appears on the notary public's certificate of
				commission;
(d) have a block of
				text to the right of the seal that includes:
(i) the notary public's printed name as it
				appears on the notary public's certificate of commission;
(ii) the words "Notary Public for the State
				of Montana";
(iii) the words
				"Residing at" immediately followed by the name of the city or town and state
				where the notary public lives; and
(iv) the words "My Commission Expires"
				immediately followed by the notary public's commission expiration date,
				expressed in terms of the month (spelled out), day, and four-digit
				year;
(e) have a plain
				rectangular border enclosing the text and seal; and
(f) be in the general format illustrated
				below:
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.108 - REMOTE AND REMOTE ONLINE NOTARIZATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Remote and remote online notarizations shall only be performed using technology
				that allows the individuals communicating to simultaneously see and speak to
				one another.
(2) When performing
				remote or remote online notarizations, the signal transmission shall be live,
				real time.
(3) All remote and
				remote online notarizations shall be recorded electronically.
(4) Prior to performing any remote or remote
				online notarization, the notary public shall inform all individuals
				participating in the notarization that the notarization will be electronically
				recorded.
(5) All recordings of
				remote and remote online notarizations shall include a recitation by the notary
				public that includes the following:
(a) the
				notary public's name;
(b) the
				notary public's commission expiration date;
(c) a declaration that all individuals
				participating in the remote notarization have been informed by the notary
				public that the notarization will be electronically recorded;
(d) the date and time the notarial act is
				being performed;
(e) the state and
				county in which the notary public is located when the notarial act is being
				performed;
(f) the type of notarial
				act that is being performed;
(g)
				the type or title of record that is being notarized;
(h) whether the notarial act is being
				performed on a tangible or electronic record;
(i) how the individual for whom the notarial
				act is being performed has been identified ; and
(j) if a record is being executed, an
				acknowledgement that the person for whom the notarial act is being performed
				has the competency or capacity to execute the record.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.109 - FEES FOR NOTARIAL ACTS

Current through Register Vol. 13, July 5, 2024
(1) A notary
				public may charge an additional fee in accordance with
				1-5-626(2),
				MCA:
(a) for traveling to perform a notarial
				act;
(b) for performing a notarial
				act using an electronic notarization system or communications technology;
				or
(c) to recover the cost of
				providing a journal entry or audiovisual recording.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.15 - NOTARIES PUBLIC › Subchapter 44.15.1 - Commissioning › Rule 44.15.110 - NOTARY PUBLIC JOURNAL RETENTION

Current through Register Vol. 13, July 5, 2024
(1) A notary
				public must retain the notary's journal(s) at all times while holding an active
				commission unless the notary has satisfied the requirements set forth by (a).
(a) A notary who transmits control of the
				notary's journal(s) to the notary's employer shall complete the form prescribed
				by the Secretary of State and signed by the notary and the notary's employer
				indicating:
(i) the physical location where
				the journal(s) will be kept;
(ii)
				the name, phone number, and email of the employer or the custodian of the
				records; and
(iii) the notary's
				authorization for the designated custodian to release the records in accordance
				with
				1-5-618(6),
				MCA, and the custodian's agreement to accept the responsibility and
				conditions.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.17 - ADMINISTRATIVE RULES OF MONTANA › Subchapter 44.17.1 - Location of Requirements › Rule 44.17.101 - MODEL RULES AND REQUIREMENTS FOR THE ADMINISTRATIVE RULES OF MONTANA

Current through Register Vol. 13, July 5, 2024
(1) Rules relating to the fees, schedules,
				general provisions, and basic formatting requirements of the Montana
				Administrative Register and the Administrative Rules of Montana are located in
				ARM Title 1, chapter 2.
(2) Model
				rules relating to rulemaking are located in ARM Title 1, chapter 3, subchapter
				3.
(a) The Secretary of State's online
				template forms depicting the model rules' standard boilerplate language and
				layout for rulemaking petitions and notices published in the register are
				available at
www.armtemplates.com.
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 1 - GENERAL › Section 1-1-001 - Office and Communications

Current through June 17, 2024
The Office of the Director of the Abstracters Board of
				  Examiners shall, in all respects, be deemed to be the Office of the Board. All
				  correspondence and filings shall be addressed or delivered to the Abstracters
				  Board of Examiners at its official office in Lincoln, Nebraska.
Section
					 76-541
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 1 - GENERAL › Section 1-1-002 - Director

Current through June 17, 2024
The Director, who shall be employed by the Board, shall keep
				  a record of all proceedings, transactions, communications and official acts of
				  the Board. The Director shall be accountable and responsible directly to the
				  Board and shall be custodian of all records, and perform such other duties as
				  the Board may require. Office hours, for the purpose of filing papers,
				  examining public records or transacting any business with the Board or its
				  staff, shall be determined by the Director. When filing or doing any act is
				  required before a certain date, which falls on any Saturday, Sunday or legal
				  holiday, the time for completing said filing or act shall be extended to the
				  next succeeding working day.
Section
					 76-541
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 1 - GENERAL › Section 1-1-003 - Public/Confidential Records

Current through June 17, 2024
All records of the Board are public records except files for
				  individual applicants, investigative files, litigation files and test papers.
				  Files for individual applicants, investigative files and litigation files are
				  considered confidential and shall not be open to any persons except members of
				  the Board, the Director of the Board and staff of the Director or Board. Test
				  papers are considered confidential and shall not be open to any persons except
				  Members of the Board, the Director of the Board, the Staff of the Board or the
				  Staff of the Director. Any Applicant may be given one opportunity to review his
				  or her test papers in the company of the Director or a Member of the Board. Any
				  review by an Applicant shall be scheduled at the discretion of the Director
				  and/or the Board and in no case shall occur later than three (3) months after
				  the examination date. All public records of the Board shall be open for
				  inspection at any time during the office hours determined by the
				  Director.
Section
					 76-541
					 and
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 1 - GENERAL › Section 1-1-004 - Business of the Board

Current through June 17, 2024
Except for hearings on the revocation of certificates issued
				  by the Board, the business of the-Board may be conducted while in session as a
				  body or by correspondence. Any such correspondence shall be directed to the
				  Director to be incorporated into the records of the Board.
Section
					 76-541
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 1 - GENERAL › Section 1-1-005 - Meetings

Current through June 17, 2024
Dates and times of the meeting of the Board shall be
				  determined by the Board. Meetings may be continued from time to time as
				  required by the business before the Board, upon a vote of a majority of the
				  members.
Section
					 76-541
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 1 - GENERAL › Section 1-1-008 - Roberts Rules of Order

Current through June 17, 2024
All meetings of the Board, unless otherwise stated in the
				  Rules or Statutes shall be conducted in accordance with Roberts Rules of
				  Order''.
Section
					 76-541
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 2 - APPLICANTS › Section 1-2-001 - Application for Certificate of Registration

Current through June 17, 2024
Applicant for a Certificate of Registration'' shall be
				  defined as any person desiring to become" a registered abstracter, who shall
				  have reached the age of majority, shall have not been convicted of a felony and
				  shall have at least one year of verified land title related experience
				  satisfactory to the Board.
Section
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 2 - APPLICANTS › Section 1-2-002 - Application for Renewal of Certificate of Registration

Current through June 17, 2024
Applicant for a Renewal of a Certificate of Registration''
				  shall be defined as any person who-" shall have successfully completed and
				  passed a written examination prescribed by Section
				  76-543,
				  R.R.S. Nebraska, as amended, who shall have been duly issued a Certificate of
				  Registration, and who shall have acquired the required number of professional
				  development credit hours within the prescribed period.
Section
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 2 - APPLICANTS › Section 1-2-003 - Application for Certificate of Authority

Current through June 17, 2024
Applicant for a Certificate of Authority'' shall be defined
				  as any person, firm, partnership,-" association, corporation or business entity
				  engaged in the business of abstracting as defined by the Abstracters Act who
				  shall be or have in his, her or its employ a registered abstracter.
Section
					 76-545
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-001 - Requirements

Current through June 17, 2024
No Certificate of Registration shall be issued unless an
				  Applicant shall first pass the written examination, as prescribed and specified
				  in accordance with Rule No. 7, below.
Section
					 76-542 and
					 76-543
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-002 - Application Forms

Current through June 17, 2024
Application forms for the written examination may be obtained
				  from the office of the Director of the Abstracters Board of
				  Examiners.
Section
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-003 - Completed Applications

Current through June 17, 2024
Applications must be received by the Director forty-five (45)
				  days in advance of the examination date for processing. Applications must be
				  typed or neatly printed in ink on forms prescribed and furnished by the Board.
				  To be acceptable, they must be filled out completely and in the detail
				  required.
Section
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-004 - Fees

Current through June 17, 2024
No application for registration as an Abstracter will be
				  accepted unless it is accompanied by a check, draft or money order in a sum
				  which shall include an application fee of not less than twenty five dollars nor
				  more than one hundred dollars; and an examination fee of not less than twenty
				  dollars nor more than one hundred dollars, all as determined from time to time
				  by the Board.
Section
					 76-542 and
					 76-546
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-005 - References

Current through June 17, 2024
All information received from references named by the
				  applicant shall be held in confidence by the Board. No member of the Board
				  shall be named as a reference.
Section
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-006 - Minimum References

Current through June 17, 2024
An applicant shall not be admitted to the examination until
				  satisfactory replies have been received from a minimum of three of his or her
				  references.
Section
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-007 - Original Certificate

Current through June 17, 2024
Upon the Applicant passing the examination and meeting the
				  requirements set forth in Sec.
				  76-542, R.R.S. Nebraska, as
				  amended, the Board shall issue a Certificate of Registration designating him or
				  her a Registered Abstracter which shall be prominently displayed in the place
				  of business of the Certificate of Authority holder.
Section
					 76-543
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-008 - Temporary Certificate of Registration

Current through June 17, 2024
Issuance of a temporary certificate of registration pursuant
				  to Sec. 76546, R.R.S. Nebraska, as amended, shall be issued only after the
				  applicant provides proof of land title related experience sufficient to meet
				  the standards established by the Board.
Section
					 76-546
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-008.01 - Land Title Related Experience

Current through June 17, 2024
Proof of land title related experience shall mean not less
				  than one year of land title related experience which shall be verified and
				  shall be satisfactory to the Board.
Section
					 76-546
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-009 - Temporary Certificate of Registration Fee

Current through June 17, 2024
The fee payable for such temporary certificate of
				  registration shall be an amount which shall be not less than twenty five
				  dollars or more than one hundred dollars.
Section
					 76-546
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-010 - Notification of Changes

Current through June 17, 2024
Any Holder of a Certificate of Registration or Temporary
				  Certificate of Registration shall notify the Director in writing within thirty
				  (30) days of any change of his or her business address, increase or decrease in
				  the number of places of business and the address(es) of the
				  same.
Section
					 76-541 and
					 76-546
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-011 - Failure to Pass Exam and Review

Current through June 17, 2024
When an Applicant is rejected for any cause, the unsuccessful
				  Applicant shall be notified as promptly as practicable and informed of the
				  reason or reasons for his or her rejection.
Section
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-012 - Fees for Additional Certificates

Current through June 17, 2024
An biennial fee which shall not be less than ten twenty
				  dollars nor more than two hundred dollars for additional Certificate of
				  Registration is required for each additional Certificate.
Section
					 76-545 and
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 3 - CERTIFICATE OF REGISTRATION › Section 1-3-013 - Inactive Status

Current through June 17, 2024
A Registered Abstracter who does not have a Certificate of
				  Authority, nor employed by a holder of a Certificate of Authority, shall be
				  designated as inactive and shall not engage in the business of
				  abstracting
Section
					 76-545
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 4 - CERTIFICATE OF REGISTRATION RENEWALS › Section 1-4-001 - Notice

Current through June 17, 2024
Prior to March 1 of each even numbered year, the Director
				  shall notify all persons currently registered under the Abstracters Act of
				  expiration and shall at the same time provide an Application for Renewal
				  including a statement for the biennial fee for the following two year period
				  and that it will be due and payable on or before April
				  1st of the same even numbered period.
Section
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 4 - CERTIFICATE OF REGISTRATION RENEWALS › Section 1-4-002 - Application

Current through June 17, 2024
Each applicant for renewal must return the Application for
				  Renewal, together with the appropriate fee prescribed in Section
				  76-547
				  R.R.S. Nebraska, as amended, to the Director on or before April
				  1st of each even numbered year.
Section
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 4 - CERTIFICATE OF REGISTRATION RENEWALS › Section 1-4-003 - Biennial Renewal

Current through June 17, 2024
Upon receipt of the biennial renewal fee in an amount which
				  shall be not less than twenty dollars nor more than two hundred dollars for a
				  Certificate of Registration, and upon compliance with all applicable Rules, the
				  Director of the Board shall inssue a Certificate of Registration to each
				  applicant whose registration is in full force. Such renewal shall be for the
				  following two year period Beginning April 1 , 
				  st and ending on April
				  1st of the next even numbered year, unless
				  cancelled, suspended or revoked by the Board.
Section
					 76-545,
					 76-547
					 and
					 76-548
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 4 - CERTIFICATE OF REGISTRATION RENEWALS › Section 1-4-004 - Cancellation of Certificate

Current through June 17, 2024
Any Certificate of Registration which has not been renewed
				  for the next two year period will be cancelled on April
				  1st. The Director will immediately remove said
				  registration from the active roster and within thirty (30) days, shall notify
				  said registered abstracter by registered or certified mail of the fact of such
				  cancellation and removal. Nothing contained in this Rule shall be construed as
				  excusing any person, firm, partnership or individual from the provisions of the
				  Abstracters Act, Sections
				  76-502,
				  et seq., which prohibit engaging in the business of abstracting contrary to the
				  provisions of said Act.
Section
					 76-548,
					 76-539,
					 76-558
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 4 - CERTIFICATE OF REGISTRATION RENEWALS › Section 1-4-005 - Reinstatement

Current through June 17, 2024
Any Certificate so cancelled may, before July
				  1st of the year of expiration, reinstate the
				  registration by submitting a late renewal application and appropriate fee. The
				  fee for reinstatement shall be the same as the biennial fee but shall be
				  increased by $ 10.00 for each month or fraction of a month the application and
				  fee are delinquent. Upon receipt of the appropriate fee, approval of the
				  application and approval of the completion of the professional development
				  requirements, the Board shall reinstate said Certificate for the remainder of
				  the two year period.
Section
					 76-547
					 and
					 76-548
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 4 - CERTIFICATE OF REGISTRATION RENEWALS › Section 1-4-006 - Professional Development Requirement

Current through June 17, 2024
Each applicant must complete the professional development
				  requirements imposed by Sections
				  76-544
				  R.R.S. Nebraska, as amended and as set forth in Rule No. 8 before the board
				  shall renew the Certificate of Registration.
Section
					 76-541,
					 76-544,
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 4 - CERTIFICATE OF REGISTRATION RENEWALS › Section 1-4-007 - Extension of Time

Current through June 17, 2024
If the Board, in its sole discretion, determines that the
				  applicant has shown good cause for not completing the professional development
				  requirements, the Board shall permit the applicant to make up all outstanding
				  hours of professional development credits within six (6) months of the renewal
				  of the Certificate of Registration. If the credits are not obtained within such
				  six month period, the certificate shall be revoked.
Section
					 76-541,
					 76-544,
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 4 - CERTIFICATE OF REGISTRATION RENEWALS › Section 1-4-008 - Examination for Renewal

Current through June 17, 2024
After July 1 of the year of expiration, any holder of a
				  Certificate of Registration who has not renewed his or her registration by
				  April 1st nor reinstated it by July
				  1st of that year, shall take the written examination
				  prescribed by section
				  76-543,
				  R.R.S., Nebraska, as amended and, if he or she passes the examination and meets
				  the other requirements of Section
				  76-542,
				  R.R.S., Nebraska, as amended, he or she shall be given a Certificate of
				  Registration.
Section
					 76-542
					 and
					 76-543
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 5 - CERTIFICATE OF AUTHORITY › Section 1-5-001 - Applications

Current through June 17, 2024
Any individual or business entity desiring to engage in the
				  business of abstracting in this State shall make application to the Board for a
				  Certificate of Authority. Applications for a Certificate of Authority may be
				  obtained from the Director of the Abstracters Board of Examiners.
Section
					 76-545
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 5 - CERTIFICATE OF AUTHORITY › Section 1-5-002 - Completed Applications

Current through June 17, 2024
Applications must be typed or neatly printed in ink on forms
				  prescribed and furnished by the Board. To be acceptable they must be filled out
				  completely and in the detail required.
Section
					 76-541
					 and
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 5 - CERTIFICATE OF AUTHORITY › Section 1-5-003 - Fees

Current through June 17, 2024
No Application for a Certificate of Authority will be
				  accepted unless it is accompanied by a check, draft or money order in an amount
				  which shall not be less than twenty five dollars or more than two hundred
				  dollars made payable to the Abstracters Board of Examiners.
Section
					 76-545
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 5 - CERTIFICATE OF AUTHORITY › Section 1-5-004 - Registered Abstracter Employee

Current through June 17, 2024
Applicant shall furnish proof that such applicant is or has
				  employed a registered abstracter, as defined in the Abstracters Act, Secs.
				  76-502,
				  et. seq., R.R.S., Nebraska, as amended.
004.01
Display
				Certificate.
Every Certificate of Authority holder shall
				have a Certificate of Registration of a Registered Abstracter displayed in a
				prominent place in the office of the Certificate of Authority holder.
004.02
Principal
				Certificate of Authority.
Applicant for Certificate of
				Registration shall indicate the principal Certificate of Authority of the
				Registered Abstracter in the event the Registered Abstracter is the Registered
				Abstracter for more than one Certificate of Authority holder. Said Registered
				Abstracter is required to make regular visits to those offices of the
				Certificate of Authority holders not designated as the principal
				office.
Section
					 76-545
Section
					 76-550,
					 76-541,
					 76-545
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 5 - CERTIFICATE OF AUTHORITY › Section 1-5-005 - Notice of Termination

Current through June 17, 2024
Any holder of a Certificate of Authority shall, within
				  fifteen (15) days of the termination of employment, death or incapacity of any
				  registered abstracter employed by said holder, notify the Director, in writing,
				  of the fact of such termination, death or incapacity. Such holder shall furnish
				  any additional information regarding such termination, death or incapacity as
				  the Board and/or Director may require.
Section
					 76-545
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 5 - CERTIFICATE OF AUTHORITY › Section 1-5-006 - Termination of Registered Abstracter

Current through June 17, 2024
If the termination of employment, death or incapacity of a
				  Registered Abstracter leaves the holder of a Certificate of Authority without a
				  Registered Abstracter in its employ, such holder shall immediately cease any
				  business of abstracting and forward its Certificate of Authority for
				  cancellation. Alternatively, any person to whom Section
				  76-546,
				  R.R.S. Nebraska, as amended, is applicable, may proceed pursuant to that
				  Section to apply for a Temporary Certificate of Registration, in accordance
				  with these Rules.
Section
					 76-546
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 5 - CERTIFICATE OF AUTHORITY › Section 1-5-007 - Notice of Changes

Current through June 17, 2024
Any holder of a Certificate of Authority shall notify the
				  Director in writing within thirty (30) days of any change of its business
				  address, increase or decrease of places of business and the address(es) of the
				  same.
Section
					 76-541,
					 76-545
					 and
					 76-546
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 6 - CERTIFICATE OF AUTHORITY RENEWALS › Section 1-6-001 - Notice of Renewal

Current through June 17, 2024
Prior to March 1st of each
				  even-numbered year, the Director shall notify all persons or business entities,
				  currently registered under the Abstracters Act, of the expiration and shall
				  provide at the same time an Application for Renewal, together with a statement
				  for biennial fee for the two-year period, which fee shall be due and payable on
				  or before April 1st of the same year.
Section
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 6 - CERTIFICATE OF AUTHORITY RENEWALS › Section 1-6-002 - Renewal Application

Current through June 17, 2024
Each applicant for renewal must return the Application for
				  Renewal, and the appropriate fee to the Director on or before April 1st of each
				  even numbered year.
Section
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 6 - CERTIFICATE OF AUTHORITY RENEWALS › Section 1-6-003 - Cancellation of Certificate

Current through June 17, 2024
Any certificate of authority which has not been renewed for
				  the next two year period will be cancelled on April
				  1st. The Director will immediately remove said
				  Certificate of Authority from the active roster and shall, within thirty (30)
				  days, notify the applicant of such cancellation and removal by registered or
				  certified Mail.
Section
					 76-547
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 6 - CERTIFICATE OF AUTHORITY RENEWALS › Section 1-6-004 - Reinstatement

Current through June 17, 2024
Any applicant so cancelled may, before July
				  1st of the year of expiration, reinstate the
				  Certificate of Authority by submitting a late renewal application and
				  appropriate fee. The fee for reinstatement shall be the same as the biennial
				  fee but shall be increased $ 10.00 for each month or fraction of a month the
				  application and fee are delinquent. Upon receipt of the appropriate fee and
				  approval of the application the Board shall reinstate such Certificate of
				  Authority for the remainder of the two-year period.
Section
					 76-548
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 6 - CERTIFICATE OF AUTHORITY RENEWALS › Section 1-6-005 - Renewal Fee

Current through June 17, 2024
Upon receipt of the renewal fee in an amount not less than
				  fifty dollars nor more than four hundred dollars for a Certificate of
				  Authority, and upon compliance with all applicable rules, the Director of the
				  Board shall issue a Certificate of Authority to each applicant whose
				  registration is in full force. Such renewal period shall begin April
				  1st and end on April 1st
				  of the next even numbered year, unless cancelled, suspended or revoked by the
				  Board.
Section
					 76-545,
					 76-547
					 and
					 76-548
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-001 - Examinations Schedule

Current through June 17, 2024
Examinations shall be conducted as prescribed in Sections
				  76-502 to
				  76-588. R.R.S., as amended, at
				  such times and places as the Board may designate, but shall be given at least
				  twice a year. The Board on its own motion may conduct the examination in a
				  manner which provides security, reduces the risk of cheating or plagiarism and
				  is not in conflict with these Rules.
Section
					 76-541 and
					 76-543
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-002 - Examination Application

Current through June 17, 2024
The application for registration is a part of the
				  examination. Each applicant must show to the satisfaction of the Board that he
				  or she meets the minimum requirements set forth in Section
				  76-502 to
				  76-588, R.R.S., as amended, before
				  he or she will be admitted to any examination. If the application is not
				  accepted, the examination fee, tendered pursuant to Chapter Rule No.3.004,
				  shall be returned or refunded to the Applicant.
Section
					 76-541 and
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-003 - Notice of Examination

Current through June 17, 2024
Upon receipt of a completed application and the application
				  fee, the Director shall acknowledge the application and advise the applicant
				  that the routine of making the necessary investigations will be followed and
				  that he or she will be notified no later than 30 days before the written
				  examination whether he or she will be admitted to the examination, and of the
				  time and place of the examination.
Section
					 76-541 and
					 76-542
Nebraska Administrative Code › Topic - ABSTRACTERS BOARD OF EXAMINERS › Title 1 - NEBRASKA ABSTRACTERS BOARD OF EXAMINERS › Rule 7 - EXAMINATIONS › Section 1-7-004 - Failure to Appear

Current through June 17, 2024
In the event an Applicant does not appear for either of the
				  two examinations held after he or she has been advised of admittance to the
				  examination, he or she must repeat the application process, including the
				  payment of the prescribed fees, before being permitted to take a subsequent
				  examination.
Section
					 76-541 and
					 76-542