reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-8 - Inspection Fees

Current through June 17, 2024
The fees for inspections, conducted by the state elevator
				  inspector or his assignees on or after the effective date of this regulation,
				  shall be as follows:
A. For
				conveyances:
1. Preliminary Inspections. The
				fee for a preliminary inspection shall be one hundred and twenty-five dollars
				($ 125.00).
2. Initial Inspections.
a. For a unit comprising five floors or less,
				the fee for an initial inspection shall be two hundred dollars ($ 200.00);
				and
b. For a unit comprising more
				than five floors, an initial inspection fee of two hundred dollars ($ 200.00),
				plus an additional fee of ten dollars ($ 10.00) for each floor over
				five.
3. Annual
				Inspections.
a. For inspections occurring
				before January 1, 2017:
i. For a unit
				comprising five floors or less, an annual inspection fee of one hundred forty
				dollars ($ 140.00), and
ii. For a
				unit comprising more than five floors, an annual inspection fee of one hundred
				forty dollars ($ 140.00), plus an additional fee of ten dollars ($ 10.00) for
				each floor over five.
b.
				For inspections occurring on or after January 1, 2017:
i. For a unit comprising five floors or less,
				an annual inspection fee of one hundred twenty dollars ($ 120.00),
				and
ii. For a unit comprising more
				than five floors, an annual inspection fee of one hundred twenty dollars ($
				120.00), plus an additional fee of ten dollars ($ 10.00) for each floor over
				five.
4.
				Special Inspections. The costs of a special inspection shall include a fee of
				two hundred dollars ($ 200.00), plus the expenses incurred by the inspector in
				connection therewith.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-9 - New Conveyance Installations

Current through June 17, 2024
A. All new
				conveyance installations in counties with populations of more than 100,000
				inhabitants shall be performed by:
1. A
				licensed elevator mechanic under the control of a licensed elevator contractor;
				or by
2. A licensed elevator
				contractor, who shall certify that the new conveyance has been installed in
				compliance with the Act.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-10 - Existing Conveyances

Current through June 17, 2024
A. No person shall
				wire, alter, replace, remove, or dismantle an existing conveyance contained
				within a building or structure, located in counties that have a population of
				more than one hundred thousand inhabitants, unless such person is a licensed
				elevator mechanic or is working under the direct supervision of a licensed
				elevator mechanic.
B. It is the
				responsibility of the owner of a conveyance to ensure that the conveyance is
				maintained in compliance with all applicable fire and safety codes.
C. A person is not required to be a licensed
				elevator mechanic or licensed elevator contractor, or to be working under the
				direct supervision of a licensed elevator mechanic or licensed elevator
				contractor, in order to
1. Perform
				non-mechanical maintenance of a conveyance; or
2. Remove or dismantle conveyances that are
				destroyed as a result of a complete demolition of a secured building.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-11 - Elevator Contractor: Licensure

Current through June 17, 2024
A. Any person
				wishing to engage in the business of an elevator contractor, in counties that
				have populations of more than 100,000 inhabitants, shall apply for and obtain
				an elevator contractor license from the commissioner. The application shall
				contain the information and substantially comply with the "Application for
				License Renewal of License / Elevator Contractor / Conveyance Safety Act,"
				attached as
Addendum "A"
to this chapter.
B. Qualifications for Elevator Contractor
				License. An applicant seeking a license as an elevator contractor must comply
				with the following minimum qualifications:
1.
				No license shall be granted to any applicant unless the application fee
				required by §010 of this chapter is paid.
2. An applicant for licensure must provide
				evidence and documentation, satisfactory to the commissioner, of the following:
a. Five years' work experience in the
				conveyance industry in construction, maintenance, and service or repair;
				and
b. Either:
i. Satisfactory completion of a written
				examination administered by the Conveyance Advisory Committee or its designated
				provider; or
ii. A valid license as
				an elevator contractor, from a state having standards substantially equal to
				those of this State; and
3. Proof of insurance, as required by the
				Act, at
Neb. Rev. Stat.
§
										48-2527.
				Applicants must also provide notice to the commissioner of any substantial
				alteration or cancellation of a policy, at least ten (10) days in advance of
				the alteration or cancellation.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-12 - Elevator Mechanic: Licensure

Current through June 17, 2024
A. Any person
				wishing to engage in the business of an elevator mechanic, in counties that
				have populations of more than 100,000 inhabitants, shall apply for and obtain
				an elevator mechanic license from the commissioner. The application shall
				contain the information and substantially comply with the "Application for
				License Renewal of License / Elevator Mechanic / Conveyance Safety Act,"
				attached as
Addendum "B"
to this chapter.
1. No license shall be granted to any
				applicant unless the application fee required by §010 is paid.
2. An applicant for licensure must
				demonstrate to the satisfaction of the commissioner that the applicant
				possesses an acceptable combination of documented experience and education
				credits consisting of:
a. Not less than 3
				years' work experience in the conveyance industry, in construction,
				maintenance, and service or repair, as verified by current and previous
				employers or contractors; and
b.
				Compliance with one of the following subsections - (i) or (ii) or (iii) or
				(iv):
i. Satisfactory completion of a written
				examination administered by the Elevator Safety Review Board or its designated
				provider, on the most recently enacted codes and standards for elevator
				mechanics; or
ii. Both of the
				following:
A. Acceptable proof that the
				applicant has worked as an elevator mechanic:
1. In conveyance construction, maintenance,
				or repair;
2. Lasting at least
				three (3) years, immediately prior to the effective date of the elevator
				mechanic's license;
3. Working
				without the direct and immediate supervision of a licensed elevator contractor;
				and
B. Satisfactory
				completion of a written examination approved by the commissioner; or
iii. A certificate of
				successful completion of the mechanic examination of a nationally recognized
				training program for the conveyance industry, such as the National Elevator
				Industry Educational Program, or its equivalent, with standards substantially
				similar to those set out in the "National Guidelines for Apprenticeship
				Standards Developed by the National Elevator Industry Education Program (NEIEP)
				for Elevator Constructor Mechanics (O*NET/SOC Code: 47-4021.00) in Cooperation
				with the U.S. Department of Labor Bureau of Apprenticeship and Training,"
				attached as
Addendum "C"
to this chapter; or
iv. A certificate of completion of an
				elevator mechanic apprenticeship program, registered with the Bureau of
				Apprenticeship and Training of the U.S. Department of Labor, whose content is
				substantially similar to that set out in
Addendum "D"
-
				"Apprenticeship Course Outlines."
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-13 - Temporary or Emergency Elevator Mechanic Thirty-Day Licenses

Current through June 17, 2024
A. Whenever sufficient proof has been
				provided to the state elevator inspector, by a licensed elevator contractor,
				employer or other person, of a short-term immediate need for additional
				elevator mechanics, the state elevator inspector may issue a temporary elevator
				mechanic thirty-day license to an individual, not currently licensed as an
				elevator mechanic, who meets the qualifications set forth in subsection C of
				this section.
B. Whenever
				sufficient proof has been provided to the state elevator inspector, by a
				licensed elevator contractor, employer or other person, that an emergency
				exists in the State due to natural disaster, work stoppage, or similar
				significant event, and that the number of persons in the State holding elevator
				mechanic licenses is insufficient to cope with the emergency, the state
				elevator inspector may issue an emergency elevator mechanic thirty-day license
				to an individual, not currently licensed as an elevator mechanic, who meets the
				qualifications set forth in subsection C of this section.
C. The state elevator inspector may issue a
				temporary or emergency elevator mechanic thirty-day license to an individual
				upon completion of the following:
1. The
				individual shall file an application for a temporary or emergency elevator
				mechanic license with the Commissioner of Labor within five (5) business days
				after commencing elevator mechanic work, using the form attached to these
				regulations as
Addendum "E"
- "Application for License /
				Extension of License / Temporary or Emergency Elevator Mechanic / Conveyance
				Safety Act."
2. The individual
				shall furnish proof of competency by submitting documentation of at least three
				(3) years of work experience in the conveyance industry as an elevator
				mechanic, working without direct supervision, in this State or in any other
				state having standards substantially the same as those of this State.
3. A licensed elevator contractor must
				certify that the person has an acceptable combination of documented experience
				and education to enable him or her to perform work as an elevator mechanic,
				without direct and immediate supervision.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-14 - License and Registration Fees

Current through June 17, 2024
License fees shall be as follows:
A. Initial Licenses
1. Elevator Mechanic License: $
				100.00.
2. Elevator Contractor
				License: $ 100.00.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-15 - Renewal of License

Current through June 17, 2024
A. Licenses for
				elevator contractors and elevator mechanics, except temporary or emergency
				elevator mechanic licenses, shall be renewed every 2 years.
B. A licensee may renew a license by
				submitting a written application for renewal, accompanied by the required fee,
				30 days prior to expiration of the license.
C. An applicant for renewal of an elevator
				mechanic license shall, in addition, provide a certificate of completion of a
				course designed to ensure the continuing education on new and existing rules
				and regulations adopted and promulgated by the commissioner.
1. The course shall consist of not less than
				eight hours of instruction that shall be attended and completed within one year
				immediately preceding any license renewal.
2. The individual holding the elevator
				mechanic license shall pay the cost of such course.
3. The course shall be taught by instructors
				through continuing education providers selected by the commissioner upon
				recommendation by the Conveyance Advisory Committee.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-16 - Approved Alternative or Variance

Current through June 17, 2024
The Commissioner, or, upon designation, the state elevator
				  inspector, may grant an alternative that varies from the rules and regulations
				  in this chapter, provided that:
A. The
				request for an alternative or variance is made in writing, directed to the
				Commissioner, in care of the state elevator inspector;
B. The request is made on the form provided
				herein, or contains the same information and substantially complies with the
				"Application for Approved Alternative or Variance / Conveyance Safety Act,"
				attached as
Addendum "F"
to this chapter;
C. Sufficient documentation is provided with
				the application to show good cause for granting the alternative or variance
				requested;
D. Sufficient
				documentation is provided with the application to show that the safety of those
				riding in or using the conveyance will not be compromised by granting the
				alternative or variance; and
E. The
				Commissioner submits the application to the Conveyance Advisory Committee for
				its recommendations to the Commissioner regarding each alternative or variance
				requested.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-17 - Appeal of Granting or Denial of Approved Alternative or Variance

Current through June 17, 2024
A. Any interested person, as defined in
				§002(N) of these regulations, may file an appeal of the granting or denial
				of a request for an alternative or variance by the Commissioner or state
				elevator inspector.
B. An appeal
				must be filed with the agency at its official office, as set out in this
				section, within thirty (30) calendar days of the date that the decision was
				mailed by the Commissioner or state elevator inspector.
C. An appeal must be filed with the agency at
				its official office. Filing may be accomplished by personal delivery or mail
				and will be received during regular office hours of the agency. Regular
				business hours for the Department are from 8:00 a.m. to 5:00 p.m., Central
				Time, Monday through Friday, exclusive of state or federal holidays. Filings
				should be addressed or delivered to:
Commissioner of Labor
P. O. Box 94600
550 South 16th Street Lincoln, NE 68508
D. An appeal must follow the form of a
				petition, as described in 223 NAC 5(004)(D) - Rules of Practice and Procedure
				for Hearings on Contested Cases.
E.
				The appeal shall be conducted in accordance with 223 NAC 5 - Rules of Practice
				and Procedure for Hearings on Contested Cases.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-18 - Notification of Accidents

Current through June 17, 2024
A. The owner of a
				conveyance shall notify the state elevator inspector of any accident, involving
				a conveyance that has caused personal injury or property damage in excess of
				one thousand dollars ($1, 000.00).
B. The owner of the conveyance shall notify
				the state elevator inspector on or before the close of business on the next
				business day following the accident.
C. The conveyance involved shall not be
				operated until the state elevator inspector has conducted an investigation of
				the accident and has approved the operation of the conveyance.
D. The state elevator inspector shall
				investigate and shall report to the commissioner:
1. The cause of any conveyance accident that
				may occur in the state;
2. Any loss
				of life or injuries sustained;
3.
				Such other data as may, in the judgment of the state elevator inspector, be of
				benefit in preventing other similar accidents.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 1 - SAFETY CODE FOR ELEVATORS, ESCALATORS AND OTHER CONVEYANCES USED FOR PASSENGERS OR MATERIALS UNDER THE CONVEYANCE SAFETY ACT › Section 230-1-19 - Posted Notice of Discontinued Use

Current through June 17, 2024
A. The state
				elevator inspector shall adopt a suitable label to be attached to any
				conveyance:
1. Being operated in violation of
				the Act; or
2. Where the state
				elevator inspector determines that continued operation of the conveyance would
				jeopardize public safety. Such label shall provide notice that the conveyance
				is not certified for operation.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 2 - WAGES; SUBJECT TO GARNISHMENT › Section 230-2-002

Current through June 17, 2024
The maximum part of the aggregate disposable earnings of an
				  individual for pay periods other than one week which is subject to garnishment
				  shall not exceed the following amounts:
A. For a bi-weekly pay period, the multiple
				shall be sixty times the federal minimum hourly wage.
B. For a semi-monthly pay period, the
				multiple shall be sixty-five times the federal minimum hourly wage.
C. For a monthly pay period, the multiple
				shall be one-hundred-thirty times the federal minimum hourly wage.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-1 - General

Current through June 17, 2024
This chapter is adopted pursuant to
Neb. Rev.
				  Stat
. §§
									48-2701
				  to
				  48-2711
				  (Reissue 2010), the Professional Employer Organization Registration Act, as
				  enacted in LB 579 (Laws 2010). Legislative authority for these regulations is
				  more specifically found in §§
									48-2704(10)
				   and
				  48-2711(4).
				  A copy of these regulations will be kept on file in the offices of the
				  Commissioner of Labor, Nebraska Department of Labor, 550 South 16th Street,
				  Lincoln, Nebraska.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-2 - Definitions

Current through June 17, 2024
For purposes of these regulations, the following definitions
				  apply:
A. "Act" refers to the
				Professional Employer Organization Registration Act, sections
				48-2701
				to
				48-2711
				of the Revised Statutes of Nebraska;
B. "Assurance Organization" means an entity
				that is authorized by a professional employer organization or professional
				employer organization group to act on its behalf in complying with the
				registration and registration renewal requirements of the Act, including the
				electronic filing of applications and other information, as well as the payment
				of application and registration fees;
C. "Commission" means the act of committing,
				doing, performing or perpetrating an action that is prohibited by law, statute
				or federal or state regulation;
D.
				"Department" means the Nebraska Department of Labor;
E. "Person" means any individual,
				partnership, corporation, limited liability company, association, or any other
				form of legally recognized entity;
F. "Professional employer organization" means
				an organization as defined in section
				48-2702(11)
				 of the Act;
G. "Prohibited" means that which is contrary
				to any law, statute or federal or state regulation;
H. "Professional employer organization group"
				means an organization as defined in section
				48-2702(12)
				 of the Act;
I. "Registrant" means a professional employer
				organization registered under the Act;
J. "Working capital" means current assets
				less current liabilities, as defined by generally accepted accounting
				principles.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-3 - Registration

Current through June 17, 2024
A. Registration Required to Provide Services
				as a Professional Employer Organization or Professional Employer Organization
				Group.
1. A person engaged in the business of
				providing professional employer services pursuant to co-employment
				relationships in which all or a majority of the employees of a client are
				covered employees shall be registered under the Act.
2. A person who is not registered under the
				Act shall not offer or provide professional employer services in this state and
				shall not use the names PEO, professional employer organization, staff leasing
				company, employee leasing company, administrative employer, or any other name
				or title representing professional employer services.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-4 - Financial Statement

Current through June 17, 2024
The financial statement provided by the professional employer
				  organization or professional employer organization group ("the applicant"), as
				  part of the registration process, shall consist of the following:
A. At the time of initial registration, the
				applicant shall submit the most recent audited financial statement of the
				applicant. "Most recent," as used herein, means an audited financial statement
				whose date of issuance is not more than thirteen months from the time of
				submission.
B. After the initial
				registration process has been successfully completed, the applicant shall
				submit an audited financial statement on an annual basis. "Annual," as used
				herein, means within one hundred eighty (180) days after the end of the
				professional employer organization's fiscal year.
C. An applicant may apply with the Department
				for an extension of time for submission of the audited financial statement, but
				any such request shall be accompanied by a letter from the auditor stating the
				reasons for the delay and the anticipated completion date of the audited
				financial statement.
D. The
				financial statement shall be prepared in accordance with generally accepted
				accounting principles and audited by an independent certified public accountant
				licensed to practice in the jurisdiction in which such accountant is
				located.
E. The audited financial
				statement shall be issued without qualification as to the going concern status
				of the professional employer organization.
F. A professional employer organization group
				may submit combined or consolidated financial statements to meet the
				requirements of this section.
G. A
				professional employer organization that has not had sufficient operating
				history to have audited financial statements based upon at least twelve months
				of operating history shall meet the financial responsibility requirements of
				section
				48-2705
				of the Act, and present financial statements that have been reviewed by a
				certified public accountant.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-5 - Combined or Consolidated Financial Statements

Current through June 17, 2024
A.
				Professional employer organizations in a professional employer organization
				group may satisfy any reporting and financial requirements of the Act on a
				combined or consolidated basis if each member of the organization group
				guarantees the financial capacity obligations under the Act of each other
				member of the organization group.
B. If a professional employer organization
				group submits a combined or consolidated audited financial statement that
				includes entities that are not professional employer organizations or are not
				in the professional employer organization group, the controlling entity of the
				organization group under the consolidated or combined statement need only
				guarantee the obligations of the professional employer organizations in the
				professional employer organization group.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-6 - Financial Responsibility Requirements

Current through June 17, 2024
A. Except as
				provided in subsections (7) and (10) of section
				48-2704
				of the Act, and in sections 003(G) and 009 of these regulations, each
				professional employer organization or professional employer organization group
				shall provide the Department with evidence of one of the following:
1. If the positive working capital of the
				professional employer organization is at least one hundred thousand dollars,
				proof of such positive working capital, as reflected in the financial
				statements submitted to the Department, as provided in section 004 of these
				regulations, with the initial registration and with each annual renewal;
				or
2. If the positive working
				capital of the professional employer organization is less than one hundred
				thousand dollars, the professional employer organization shall submit a bond,
				certificate of deposit, escrow account, or irrevocable letter of credit in an
				amount of not less than one hundred thousand dollars, at the time of initial
				registration, and shall submit proof, at the time of each annual renewal, that
				the bond, certificate of deposit, escrow account, or irrevocable letter of
				credit remains in effect.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-7 - Records and Forms under the Act

Current through June 17, 2024
A. The Department
				shall maintain a list of professional employer organizations registered under
				the Act that is readily available to the public by electronic or other
				means.
B. All records, reports, and
				other information obtained from a professional employer organization or
				professional employer organization group under the Act, except to the extent
				necessary for the proper administration of the Act by the Department, shall be
				confidential and shall not be published or open to public inspection other than
				to public employees in the performance of their public duties.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-8 - Electronic Filing and Compliance

Current through June 17, 2024
A. The Department
				shall permit the acceptance of electronic filings, including applications,
				documents, reports, and other filings required by the Department, by
				professional employer organizations, professional employer organization groups,
				and Assurance Organizations.
B.
				Electronic filings made pursuant to this section shall be done in conformance
				with the Uniform Electronic Transactions Act,
Neb. Rev. Stat.
§§
									86-612
				to
				86-643.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-9 - Assurance Organizations

Current through June 17, 2024
A. The Department
				shall permit a professional employer organization or a professional employer
				organization group to authorize an Assurance Organization that is approved by
				the Department to act on the professional employer organization's or
				professional employer organization group's behalf in providing satisfactory
				assurance of compliance acceptable to the Department consistent with or in the
				lieu of the requirements of sections
				48-2704
				and
				48-2705
				of the Act, including electronic filings of information and payment of
				registration fees.
B. Use of an
				Assurance Organization is optional and not mandatory for a
				registrant.
C. Authorization by the
				Department of an assurance organization to act on the professional employer
				organization's or employer organization group's behalf, in complying with the
				registration requirements of the Act, or for any other reason, shall not limit
				or change the Department's authority to register or terminate registration of a
				professional employer organization or employer organization group, or to
				investigate or enforce any provision of the Act.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-10 - Fees

Current through June 17, 2024
A. Fees imposed pursuant to this section
				shall be paid to the Department and thereafter remitted to the State Treasurer
				for credit to the Professional Employer Organization Cash Fund, administered by
				the Department for the implementation of the Act.
B. Any money in the Professional Employer
				Organization Cash Fund that is available for investment shall be invested by
				the state investment officer in accordance with the Nebraska Capital Expansion
				Act and the Nebraska State Funds Investment Act.
C. Fees for registrations shall be as
				follows:
1. For registrations and renewals
				prior to January 1, 2017:
i. For initial
				registration, the fee shall be two thousand five hundred dollars ($2,
				500.00);
ii. For an annual renewal
				of registration, one thousand five hundred dollars ($1, 500.00);
iii. For an initial limited registration, one
				thousand hundred dollars ($1, 000.00);
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 3 - REGULATIONS FOR THE PROFESSIONAL EMPLOYER ORGANIZATION REGISTRATION ACT › Section 230-3-11 - Prohibited Acts and Disciplinary Action

Current through June 17, 2024
A. A person shall
				not knowingly:
1. Offer or provide
				professional employer services in this state or use the names PEO, professional
				employer organization, staff leasing, employee leasing, administrative
				employer, or other title representing professional employer services unless
				such person is registered under the Act;
2. Provide false or fraudulent information to
				the Department in conjunction with any registration, renewal, or report
				required under the Act; or
3. Enter
				into a co-employment relationship in which less than a majority of the
				employees of the client in this state are covered employees or in which less
				than one-half of the payroll of the client in this state is attributable to
				covered employees.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 6 - WORKPLACE SAFETY CONSULTATION PROGRAM › Section 230-6-002 - Safety Committees

Current through June 17, 2024
A. Employers subject
				to collective bargaining agreements.
On or before January 1, 1994, every public and private
				  employer in Nebraska subject to workers' compensation who has one or more
				  employees and is subject to collective bargaining obligations or is obligated
				  to negotiate with employees who are in a bargaining unit shall have at least
				  one safety committee. The establishment of such safety committee shall be
				  accomplished through the collective bargaining process.
B. Employers not obligated to negotiate with
				a collective bargaining unit.
On or before January 1, 1994, every public and private
				  employer in Nebraska subject to workers' compensation who has one or more
				  employees not subject to collective bargaining obligations or is not obligated
				  to negotiate with a collective bargaining unit shall establish at least one
				  safety committee.
1. The name(s) of
				safety committee members shall be kept with and attached to the effective
				written injury prevention program.
2. There shall be an equal number of
				committee members representing the employer and the employees. The employer's
				representative may be a nonmanagement employee(s).
3. The employer shall retain full authority
				to manage the worksite(s).
4.
				Committee members shall meet at least once during each three months of
				operation or in a reasonable timely response to unresolved employee
				complaint(s), except as follows:
5.
				Safety Committees need not convene during any calendar quarters where there is
				75% fewer hours worked than any calendar quarter in the previous twelve months
				but in no event shall there be less than two Safety Committee meetings in any
				calendar year.
6. Employers of ten
				or less employees that had no injuries or illnesses normally reported (Form 300
				or First Report of Injury NWCC Form 1) or claims filed during the immediately
				preceding twelve months need only meet once during the following twelve
				months.
7. An employer shall
				compensate employee members of the safety committee at their regular hourly
				wage plus their regular benefits while the employees are attending committee
				meetings or otherwise engaged in committee activity. Compliance with state and
				federal wage and hour laws must be adhered to.
8. The safety committee shall maintain
				written minutes of all meetings for at least 3 years unless otherwise
				instructed by the Department.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 6 - WORKPLACE SAFETY CONSULTATION PROGRAM › Section 230-6-003 - Inspection/consultation programming

Current through June 17, 2024
A. Program Planning.
1. Purpose.
Inspection/consultation programming provides general
				  guidelines to the commissioner and the Executive Director of the Department's
				  Office of Safety and Labor Standards in planning inspection operations and
				  related activities and instructions to satisfy the intent of
Neb. Rev.
				  Stat.
' 48-443,
et seq.
This program does not
				  supersede federal enforcement regulations or activity. The Department shall not
				  issue penalties for workplace hazards identified by inspection or consultation
				  although such hazards identified shall be abated.
2. Primary Consideration.
The primary consideration in conducting
				  inspection/consultation operations is to enhance workplace safety and health
				  and to decrease the frequency or severity of work-related injuries and
				  diseases. These regulations are intended to contribute to safe working
				  conditions and practices for all employees through the implementation and
				  maintenance of occupational safety and health programs by Nebraska employers.
				  The anticipated effect by these regulations will be to reduce workers'
				  compensation costs for all employers in Nebraska. The goal is a safe and
				  healthy work place.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 6 - WORKPLACE SAFETY CONSULTATION PROGRAM › Section 230-6-004 - Inspection/consultation fees

Current through June 17, 2024
A. Employers shall
				be charged for services provided pursuant to the following fee schedule:
1. For safety consultations/inspections
				performed on or before August 31, 2002:
a.
				Safety consultation/inspection fee for employers with:
10 or less
				  employees.............................................................$
				  200.00
11-25
				  employees...................................................................$
				  375.00
26-100
				  employees.................................................................$
				  550.00
101 or more
				  employees.........................................................$
				  750.00
b. Industrial
				hygienist consultation/inspection fee for employers with:
10 or less
				  employees.............................................................$
				  200.00
11-25
				  employees...................................................................$
				  375.00
26-100
				  employees.................................................................$
				  550.00
101 or more
				  employees.........................................................$
				  750.00
[See, 230 NAC 6(003)(F)(3)].
c. All actual costs associated with
				consultations, inspections, or investigations including but not limited to the
				following:
i. Lab tests and
				supplies,
ii. Books, materials, and
				publications,
iii. Copies and
				printing.
d. All
				follow-up consultations/inspections or investigations will be billed as
				above.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 6 - WORKPLACE SAFETY CONSULTATION PROGRAM › Section 230-6-005 - Appeals

Current through June 17, 2024
A written Notice of Intent to appeal must be filed with the
				  commissioner within thirty days of receipt of the Notice of Abatement. A
				  hearing will be conducted pursuant to 230 NAC 3 of the Department's
				  regulations, with further appeal pursuant to the Administrative Procedure
				  Act.
A. Informal conference.
If in disagreement prior to an employer's written notice of
				  intent to contest, the state representative shall advise those attending the
				  closing conference:
1. That a request
				for an informal conference with the Workplace Safety Consultation Program
				manager is strongly encouraged. The informal conference may be by phone or set
				up at the Workplace Safety Consultation Program manager's office. The informal
				conference provides an opportunity to:
a.
				Resolve disputed violations and penalties without the necessity of recourse to
				the contested litigation process which can be time consuming and
				expensive;
b. Obtain a more
				complete understanding of the specific safety or health standards which
				apply;
c. Discuss ways to correct
				apparent violations;
d. Discuss
				problems with proposed abatements dates;
e. Discuss problems concerning employee
				safety and health practices.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 6 - WORKPLACE SAFETY CONSULTATION PROGRAM › Section 230-6-006 - Discrimination complaints

Current through June 17, 2024
An employee shall not be discharged or discriminated against
				  by his or her employer because he or she makes any oral or written complaint to
				  the safety committee or any governmental agency having regulatory
				  responsibility for occupational safety and health. Any employee so discharged
				  or discriminated against shall be reinstated and shall receive reimbursement
				  for lost wages and work benefits caused by the employer's action. An employee
				  must file a complaint within fifteen days of the alleged occurrence. Upon the
				  receipt of the complaint, the Department shall investigate and make a
				  recommendation to the Commissioner. The Commissioner shall issue a final
				  determination. Further appeal shall be pursuant to 230 NAC 3 and the
				  Administrative Procedure Act.
A.
				Employer notification letter.
1. The employer
				shall be notified of the complaint and the substance of the
				allegation.
2. The employer shall
				be asked to investigate the alleged complaint and respond to the Department
				within a specified time. This letter shall be sent by certified mail with
				return receipt requested. The employer's response will supplement any field
				investigation.
If the employer is not found in violation, a separate letter
				  shall be sent notifying the employer of the dismissal. This letter shall simply
				  state that the complaint has been dismissed, subject to appeal by the
				  complainant. If the complaint has no merit, the complainant shall be notified
				  by letter that the complaint has been dismissed and/or the case approved for
				  administrative closing.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 6 - WORKPLACE SAFETY CONSULTATION PROGRAM › Section 230-6-007 - OSHA/MSHA standards as a reference

Current through June 17, 2024
A. The Department
				is NOT an OSHA or MSHA enforcement authority, however,
Neb. Rev. Stat.
' 48-443,
et seq.
requires review, determination and
				enforcement of safety issues. For that reason, OSHA standards and MSHA
				standards shall be considered in determining minimum acceptable
				standards.
B. The Department shall
				use as a standard reference the Occupational Safety and Health Act (OSHA) of
				1970, and the Mine Safety and Health Act (MSHA) of 1977, as cited in the
				definition of "Act" at &001(C)(4). These Acts are available for inspection
				at:
Nebraska Department of Labor
Office of Safety and Labor Standards
5404 Cedar Street, 3rd Floor
Omaha, NE 68106
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 6 - WORKPLACE SAFETY CONSULTATION PROGRAM › Section 230-6-008 - Publication and mailing costs

Current through June 17, 2024
The Department of Labor assesses a fee of $ 5.00 for the cost
				  of copying and mailing 230 NAC 6 of the Department's regulations. To obtain a
				  copy, please write or call:
Nebraska Department of
				  Labor................................................ Tel.: (402)
				  595-3185
Office of Safety and Labor Standards
5404 Cedar Street, 3rd Floor
Omaha, NE 68106
Nebraska Department of
				  Labor............................................... Tel.: (402)
				  471-2239
Office of Safety and Labor Standards
301 Centennial Mall, South, Lower Level
Lincoln, Nebraska 68508
The Department of Labor's regulations may also be located on
				  the internet at
http://www.nol.org/home/SOS/Rules/labor/labor.htm
.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 7 - NON-ENGLISH SPEAKING EMPLOYEES › Section 230-7-001

Current through June 17, 2024
For the purpose of implementing
Neb. Rev.
				  Stat.
48-2201 to 48-2206:
A. "Actively recruit" shall mean any
				affirmative act done by or on behalf of an employer for the purpose of
				recruitment or hiring of non-English speaking employees who reside more than
				five hundred miles from the place of employment;
B. "Affirmative act" shall mean any positive
				action by an employer for the purpose of recruiting or hiring non-English
				speaking employees who reside more than five hundred miles from the place of
				employment for which they are recruited; and
C. An act shall not be deemed to have been
				done for the purpose of recruiting or hiring non-English speaking employees
				unless the act was authorized by the employer and done with the specific intent
				of recruiting or hiring non-English speaking employees residing more than 500
				miles from the place of proposed employment.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 8 - CHILD LABOR › Section 230-8-002

Current through June 17, 2024
The fees required by Neb. Rev. Stat.' ' 48-310 and 48-310.01
				  shall be paid directly to the Department of Labor, by the employer, or proposed
				  employer, before a special permit is issued.
Schedule of Fees:
A.
				Special permits issued pursuant to Neb. Rev. Stat. 48-310 $ 10.00
B. Special permits issued pursuant to Neb.
				Rev. Stat. 48-310.01 $ 10.00
Nebraska Administrative Code › Topic - LANDSCAPE ARCHITECTS › Title 231 - State Board of Landscape Architects › Chapter 1 - General Provisions › Section 231-1-1 - Authority and Purpose

Current through June 17, 2024
The Rules and Regulations of the State Board of Landscape
				  Architects (hereafter, the PLA Rules) are set forth for the purpose of
				  interpreting and implementing the Professional Landscape Architects Act
				  (hereafter, the PLA Act). The PLA Rules are promulgated under the authority of
				  and in conformity with the PLA Act.
Nebraska Administrative Code › Topic - LANDSCAPE ARCHITECTS › Title 231 - State Board of Landscape Architects › Chapter 1 - General Provisions › Section 231-1-2 - Definitions

Current through June 17, 2024
The definitions set out in Neb. Rev Stat. §
									81-8,184, are
				  hereby incorporated by reference into these rules and regulations. In addition,
				  the following definitions of terms apply:
1.2.1 CLARB means the Council of Landscape
				Architectural Registration Boards.
1.2.2 CLARB Certificate Holder means an
				individual who holds a certificate issued by CLARB indicating the CLARB
				Standards of Eligibility for Council Certification have been met.
1.2.3 CLARB Standards of Eligibility means
				the current standards for education, experience, examination, and professional
				conduct approved by CLARB's member boards and adopted by the Board as the
				minimum standards of licensure.
1.2.4 LAAB means the Landscape Architectural
				Accreditation Board.
1.2.5 LAAC
				means the Canadian Society of Landscape Architects Accreditation
				Council.
1.2.6 LARE means the CLARB
				Landscape Architects Registration Examination as developed and administered by
				CLARB.
1.2.7 PLA means a
				Professional Landscape Architect as defined in Neb. Rev. Stat. Section §
									81-8,184(6)
1.2.8 Practice, used in the
				context of the PLA Rules, means the professional services of a landscape
				architect as defined in Neb. Rev. Stat. Section §
									81-8,184(5).
Nebraska Administrative Code › Topic - LANDSCAPE ARCHITECTS › Title 231 - State Board of Landscape Architects › Chapter 1 - General Provisions › Section 231-1-3 - Fees, Renewals, Late Payment Penalties

Current through June 17, 2024
1.3.1 The fee
				schedule will be set by the Board and is as follows:
Application Fees:
LARE Exam Application Fee (Non-LAAB degree)
$50
Initial License Application Fee
$100
Comity License Application Fee
$300
Renewal Fees:
License Renewal Fee (Annual)
$170
Late Renewal Fee (Annual) $17 for any month or any
								part of a month
up to $170
License Renewal Fee (Biennial-beginning with the
								2021 renewal period)
$300
Late Renewal Fee (Biennial) $30 for any month or
								any part of a month
up to $300
Miscellaneous
Fees:
Duplicate/Replacement Certificate
$15
1.3.2 The fees
				may be adjusted as needed to generate the revenue needed to administer the
				PLAAct.
1.3.3 Submittal of an
				application authorizes the Board to investigate the information provided in
				connection with or appended to the application.