reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-012 - Negotiated rulemaking committee; expenses

Current through June 17, 2024
Members of a negotiated rulemaking committee shall be
				  responsible for their own expenses of participation. However, the Agency may
				  pay for a committee member's actual and necessary expenses incurred in serving
				  on the committee as provided in
Neb. Rev. Stat.
§§
									81-1174
				  through
				  81-1177
				  and a reasonable per diem rate of compensation if:
012.01 The committee member certifies a lack
				of adequate financial resources to participate on the committee using the form
				at Attachment 4 which is attached to these regulations and made a part of them
				by reference; and,
012.02 The
				Agency determines that the committee member's participation is necessary to
				assure an adequate representation of the interests of the members.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-013 - Grants or gifts

Current through June 17, 2024
The Agency may accept grants or gifts from any source to
				  fund a negotiated rulemaking process if:
013.01 Information on the name of the person
				giving the grant or gift and the amount of the grant or gift is available to
				the public.
013.02 The grant or
				gift is given to and accepted by the Agency without placing any condition on
				the membership of a committee or the outcome of the negotiated rulemaking
				process.
013.03 There is a
				consensus among the members of the negotiated rulemaking committee that the
				acceptance of the grant or gift will not diminish the integrity of the
				negotiated rulemaking process.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-014 - Negotiated rulemaking committee; termination

Current through June 17, 2024
A negotiated rulemaking committee shall terminate upon the
				  adoption of the final rule under consideration by the Board pursuant to the
				  APA, unless the Board, after consulting the committee, or the committee itself
				  specifies an earlier termination date.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 1 - Rules of Practice and Procedure for Negotiated Rulemaking › Section 297-1-015 - Negotiated rulemaking procedure; judicial review

Current through June 17, 2024
Any action of the Board relating to establishing, assisting
				  or terminating a negotiated rulemaking committee under the Negotiated
				  Rulemaking Act shall not be subject to judicial review, except that nothing in
				  this section shall bar judicial review if such judicial review is otherwise
				  provided by law.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 2 - Petitioning for Rule Making › Section 297-2-001 - General information

Current through June 17, 2024
001.01 Application
				of Rules
These rules are promulgated pursuant to Neb. Laws 1994, LB
				  446, and 53 Nebraska Administrative Code, Chapter 2.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 2 - Petitioning for Rule Making › Section 297-2-002 - Rule Making Petition

Current through June 17, 2024
002.01 Petition
Any person may petition the Nebraska Real Estate Appraiser
				  Board requesting the promulgation, amendment, or repeal of a rule or
				  regulation.
002.02 Form
The petition shall:
002.02A. Be clearly designated as a petition
				for a rules change;
002.02B. In the
				case of a proposed new rule or amendment of an existing rule, shall set forth
				the desired rule in its entirety;
002.02C. In the case of a petition for the
				repeal of an existing rule, such shall be stated and the rule proposed to be
				repealed shall either be set forth in full or shall be referred to by Nebraska
				Real Estate Appraiser Board rule number;
002.02D. Describe the reason for the rules
				change
002.02E. Include an address
				and telephone where the petitioner can be reached during regular work hours;
				and
002.02F. Be signed by:
002.02F(1) . The petitioner or his or her
				attorney in which case the attorney shall also state his or her address and
				telephone number;
002.02F(2) . A
				duly authorized officer of the petitioner, if petitioner is a corporation or
				other legal entity.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 2 - Petitioning for Rule Making › Section 297-2-003 - Petition Consideration and Disposition

Current through June 17, 2024
003.01 Within sixty
				(60) days after submission of a petition, the Nebraska Real Estate Appraiser
				Board shall:
003.01A. Deny the petition in
				writing, stating its reasons therefor;
003.01B. Initiate rulemaking or
				regulation-making proceedings in accordance with the Administrative Procedure
				Act;
003.01C. If otherwise lawful,
				adopt a rule or regulation.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-001 - General Information

Current through June 17, 2024
001.01 Application
				of these Model Rules
These rules are promulgated pursuant to Neb. Laws 1994, LB
				  446, and 53 Nebraska Administrative Code Chapter 3. They shall apply to all
				  contested cases within the jurisdiction of the Appraiser
				  Board.
001.02 Scope of this
				Chapter
This chapter pertains solely to the procedures to be used by
				  any person or entity seeking issuance of a declaratory order by the Appraiser
				  Board.
001.03 Related
				Regulations
In addition to this Chapter, related regulations pertaining
				  to administrative procedures before agencies are: 53 NAC Chapter 1, Model
				  Procedures for Negotiated Rulemaking, 53 NAC Chapter 2, Petitioning for
				  Rulemaking, and 53 NAC Chapter 4, Rules of Practice and Procedure for Hearings
				  in Contested Cases Before an Agency.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-003 - Petition for Declaratory Order

Current through June 17, 2024
003.01 Generally
A request for a declaratory order must be made by a petition
				  that meets the requirements of section 003.
003.02 Who May File
Any person may petition the agency for issuance of a
				  declaratory order as to the applicability to specified circumstances of a
				  statute, rule, regulation, or order which is within the primary jurisdiction of
				  the Board.
003.03 When
				Orders Appropriate
A declaratory order may be requested on the applicability of
				  a statute, rule, regulation, or order enforced by the Board. "Applicability"
				  refers to the appropriateness of the relation of the law to the person,
				  property, or state of facts, or its relevance under the circumstances given. It
				  may include such questions as whether the law applies at all, to whom it
				  applies, when it applies, how it applies, or which law applies. Considerations
				  as to whether issuance of a declaratory order is appropriate include:
003.03A A declaratory order may be requested
				only on the applicability of existing statutes and rules and
				regulations.
003.03B A declaratory
				order may be requested to obtain a determination of proposed conduct, not to
				obtain a determination of the effect of conduct that has already
				occurred.
003.03C A declaratory
				order is not a mechanism for review or appeal of a decision made by the Board
				in a contested case.
003.03D A
				declaratory order may not be requested to obtain a declaration by the Board
				that a statute or regulation is unconstitutional or that a regulation of the
				agency is invalid.
003.03E A
				declaratory order may not be issued by the Board that would substantially
				prejudice the rights of a person who would be a necessary party and who does
				not consent in writing to the determination of the matter by a declaratory
				order proceeding.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-004 - Submission and Service of Declaratory Order Petition

Current through June 17, 2024
004.01 The original
				petition for declaratory order shall be filed with the agency director by mail
				or in person during the agency's normal business hours.
004.02 The petition shall be deemed as filed
				when it is actually received by the agency. The agency shall date stamp all
				petitions upon receipt.
004.03 At
				the same time the petition is filed with the agency, the petitioner shall serve
				a copy of the petition, by certified mail, return receipt requested, on all
				necessary parties, including all persons, political subdivisions, corporations,
				organizations, or other entities who are known to have or claim any interest,
				legal right, duty, privilege, or immunity which would be directly affected by
				issuance of a declaratory order in this matter by the Board.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-005 - Disposition of the Petition

Current through June 17, 2024
005.01 Generally
Upon the filing of a petition, the agency director, acting on
				  behalf of the Board, may consider the petition, refer the petition to the
				  agency attorney, and recommend a decision to the Board. In reviewing the
				  petition, the Board may, in its discretion, do one or more of the
				  following:
005.01A Require that
				additional information be submitted before the petition will be further
				considered;
005.01B Require a
				petitioner to provide notice to persons or entities who may be necessary
				parties and other persons that a request for a declaratory order has been filed
				with the agency;
005.01C On behalf
				of the Board schedule a date, time, and location at which the petitioner and
				any other parties to the proceeding may make an oral presentation on the
				petition as set forth in subsection 005.01 of this Chapter;
005.01D Consider the petition and any
				attachments without oral presentation.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-006 - Intervention in Declaratory Order Proceeding

Current through June 17, 2024
006.01 Intervention
				by any person or entity in a declaratory order proceeding shall be allowed when
				the following requirements are met:
006.01A.
				A petition for intervention must be submitted in writing to the agency. Copies
				must be mailed by the petitioner for intervention to all parties to the
				proceeding.
006.01B. The contents
				of the petition must be as specified in 006.02.
006.01C. The Board must determine that the
				interests of justice and the orderly and prompt conduct of the proceedings will
				not be impaired by allowing the intervention.
006.01D. The petition in intervention must be
				filed with the Agency and copies mailed to all parties named in any notice of
				hearing at least five days before the hearing.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-007 - Declaratory Order Proceedings

Current through June 17, 2024
007.01 Oral
				Argument, When
Oral argument shall be had only on specific order of the
				  Board, the Director, or the designated hearing officer. A petitioner,
				  intervenor, necessary party, or the Board may submit a motion for oral argument
				  to the agency director. If opportunity for oral argument is granted, then
				  argument shall be scheduled to be conducted not more than forty-five (45) days
				  after filing of the petition. Petitioner and all other parties or, when
				  represented, their attorneys, shall be served by the agency with a notice of
				  the date, time, and location for oral argument. The agency shall provide each
				  of the parties with notice of the proceeding not less than seven (7) days in
				  advance of the scheduled date. Service shall be made by certified mail, return
				  receipt requested.
007.02
				Oral Argument, Procedure
Oral argument will be made before a hearing officer or the
				  Board or any representative of the agency who is authorized to render or to
				  recommend a decision to the Board. The hearing officer, the Board, or agency
				  representative shall be in control of the proceeding and shall:
007.02A Identify the proceeding and introduce
				himself or herself and identify each party for the record;
007.02B Hear the oral argument of the
				petitioner, intervenor, or necessary parties;
007.02C Close the proceedings.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-008 - Issuance of Declaratory Order

Current through June 17, 2024
008.01 The Board
				shall issue its declaratory order within sixty (60) days of the date on which
				the petition was filed.
008.02 The
				declaratory order shall be in writing and shall include the following:
008.02A The names of all parties to the
				proceeding upon which the order is based;
008.02B The facts upon which the order is
				based;
008.02C The statute,
				regulation, rule, or order at issue in the matter;
008.02D The Board's conclusion as to the
				applicability of the statute, regulation, rule, or order to the
				facts;
008.02E The Board's
				conclusion as to the legal effect or result of applying the statute,
				regulation, rule, or order to the facts; and
008.02F The reasons relied upon by the Board
				to support its conclusions.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-009 - Circumstances Under Which Board will not Issue Declaratory Orders

Current through June 17, 2024
009.01 Grounds upon
				which the Board
Grounds upon which the Board shall refuse to issue a
				  declaratory order include, but are not limited to, the following:
009.01A The petition requests a declaratory
				order on a matter that is outside the scope of authority of the
				Board;
009.01B The petition
				requests review or appeal of a decision made by the Board in a contested
				case;
009.01C The petition requests
				a declaratory order on the effect of past conduct;
009.01D An investigation for purposes of a
				formal adjudication, a contested case, or a petition to issue, amend, or repeal
				regulations is pending before the Board involving the petitioner on
				substantially the same or similar facts or issues raised in the
				petition;
009.01E The petition
				seeks a declaration that a statute or rule or regulation is unconstitutional or
				invalid;
009.01F The issue raised
				in the petition has been settled by a change in circumstances or other means so
				as to render moot the need for a declaratory order;
009.01G An order would substantially
				prejudice the rights of a person or entity who would be a necessary party and
				who does not consent in writing to the determination of the matter by a
				declaratory order proceeding;
009.01H An order would not resolve the
				controversy or uncertainty; or
009.01I The question posed or facts presented
				are insufficiently specific, overly broad, or are otherwise inappropriate as a
				basis upon which to decide the matter.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 3 › Section 297-3-010 - Appeal

Current through June 17, 2024
A declaratory order is subject to review in the manner
				  provided for review of contested cases by the Administrative Procedure Act,
				  Neb. Rev. Stat. §
									84-901
				  - §
									84-920.
				  Specific procedures for appeal are set forth in Neb. Rev. Stat. §
									84-917.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-001 - Definitions

Current through June 17, 2024
The following definitions shall apply as used throughout this
				  Chapter:
001.01.
Agency
shall mean the Nebraska Real Property Appraiser Board.
001.02.
Contested case
shall
				mean a proceeding before an agency in which the legal rights, duties, or
				privileges of specific parties are required by law or constitutional right to
				be determined after an agency hearing.
001.03.
Ex parte communication
shall mean an oral or written communication which is not on the record in a
				contested case with respect to which reasonable notice to all parties was not
				given. Ex parte communication shall not include:
001.03A. Communications which do not pertain
				to the merits of a contested case;
001.03B. Communications required for the
				disposition of ex parte matters as authorized by law;
001.02C. Communications in a ratemaking or
				rulemaking proceeding; and
001.02D.
				Communications to which all parties have given consent.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-002 - Prohibitions against ex parte communications

Current through June 17, 2024
002.01.
Prohibitions; when
				applicable.
The prohibitions found in this section shall apply beginning
				at the time notice for hearing is given.
002.02.
Prohibitions; to whom
				applicable.
002.02A.
Parties and
				public.
No party in a contested case or other person outside the agency
				having an interest in the contested case shall make or knowingly cause to be
				made an ex parte communication to the hearing officer or to an agency head or
				employee who is or may reasonably be expected to be involved in the
				decisionmaking process of the contested case.
002.02B.
Persons in decisionmaking
				roles.
No hearing officer or agency head or employee who is or may
				reasonably be expected to be involved in the decisionmaking process of the
				contested case shall make or knowingly cause to be made an ex parte
				communication to any party in a contested case or other person outside the
				agency having an interest in the contested case.
002.02C.
Investigators.
No
				agency head or employee engaged in the investigation or enforcement of a
				contested case shall make or knowingly cause to be made an ex parte
				communication to a hearing officer or agency head or employee who is or may
				reasonably be expected to be involved in the decisionmaking process of the
				contested case.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-003 - Intervention in a contested case

Current through June 17, 2024
003.01.
				Intervention in a contested case shall be allowed when the following
				requirements are met:
003.01A. A petition for
				intervention must be submitted in writing to the hearing officer or designee at
				least five days before the hearing. Copies must be mailed by the petitioner for
				intervention to all parties named in the hearing officer's notice of the
				hearing;
003.01B. The petition must
				state facts demonstrating that the petitioner's legal rights, duties,
				privileges, immunities, or other legal interests may be substantially affected
				by the proceeding or that the petitioner qualifies as an intervenor under any
				provision of law; and
003.01C. The
				hearing officer or designee must determine that the interests of justice and
				the orderly and prompt conduct of the proceedings will not be impaired by
				allowing the intervention.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-004 - Commencement of a contested case

Current through June 17, 2024
004.01. The
				contested case begins with the filing of a petition and request for hearing, if
				applicable, with the agency. The petition is the initial document filed by or
				with an agency that sets forth a claim and request for agency action.
004.02. The parties to a contested
				case shall be the petitioner or person by whom a contested case is brought and
				the respondent or person against whom a contested case is brought.
004.03. A party may appear on his or her own
				behalf in a contested case proceeding or may be represented by an attorney or
				other representative as permitted by law.
004.04. The pleadings in a contested case may
				include a petition, answer, reply, notice, motion, stipulation, objection or
				order or other formal written document filed in a proceeding before an agency.
				Any pleading filed in a contested case shall meet the following requirements:
004.04A. The pleading shall contain a heading
				specifying the name of the agency and the title or nature of the pleading,
				shall state material factual allegations and state concisely the action the
				agency is being requested to take, shall contain the name and address of the
				petitioner, and shall be signed by the party filing the pleading, or when
				represented by an attorney, the signature of that attorney.
004.04A1. Attorneys shall also include their
				address, telephone number and bar number.
004.04A2. The initial petition shall also
				contain the name and address of the respondent.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-005 - Hearing officer; criteria

Current through June 17, 2024
005.01. The agency
				is authorized by law to delegate to a hearing officer other than the agency
				head or governing board the functions of conducting a prehearing conference
				and/or a hearing and submitting a recommended decision to the agency.
005.02. A person who has served as
				investigator, prosecutor, or advocate in a contested case or in its prehearing
				stage may not serve as hearing officer or assist or advise a hearing officer in
				the same proceeding except as provided in subsection 005.04.
005.03. A person who is subject to the
				authority, direction, or discretion of one who has served as investigator,
				prosecutor, or advocate in a contested case or in its prehearing stage may not
				serve as hearing officer or advise a hearing officer in the same proceeding
				except as provided in subsection 005.04.
005.04. If all parties consent, a person who
				has served as, or who is subject to the authority, direction, or discretion of
				one who has served as investigator, prosecutor, or advocate in a contested case
				or in its prehearing stage may assist a hearing officer in the preparation of
				orders.
005.05. A person who has
				participated in a determination of probable cause or other equivalent
				preliminary determination in a contested case may serve as hearing officer or
				assist or advise a hearing officer in the same proceeding.
005.06. A person may serve as hearing officer
				at successive stages of the same contested case.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-006 - Prehearing Procedures

Current through June 17, 2024
006.01.
Prehearing conferences and orders.
A hearing officer designated to
				conduct a hearing may determine, whether a prehearing conference will be
				conducted. If a prehearing conference is not held, a hearing officer for the
				hearing may issue a prehearing order, based on the pleadings, to regulate the
				conduct of the proceedings.
006.01A. If a
				prehearing conference is conducted:
006.01A1.
				The hearing officer shall promptly notify the agency of the determination that
				a prehearing conference will be conducted. The agency may assign another
				hearing officer for the prehearing conference; and
006.01A2. The hearing officer for the
				prehearing conference shall set the time and place of the conference and give
				reasonable written notice to all parties and to all persons who have filed
				written petitions to intervene in the matter. The agency shall give notice to
				other persons entitled to notice.
006.01A3. The notice referred to in
				subsection 006.01A2 shall include the following:
006.01A3(a). The names and mailing addresses
				of all parties and other persons to whom notice is being given by the hearing
				officer;
006.01A3(b). The name,
				official title, mailing address, and telephone number of any counsel or
				employee who has been designated to appear for the agency;
006.01A3(c). The official file or other
				reference number, the name of the proceeding, and a general description of the
				subject matter;
006.01A3(d). A
				statement of the time, place, and nature of the prehearing
				conference;
006.01A3(e). A
				statement of the legal authority and jurisdiction under which the prehearing
				conference and the hearing are to be held;
006.01A3(f). The name, official title,
				mailing address, and telephone number of the hearing officer for the prehearing
				conference;
006.01A3(g). A
				statement that a party who fails to attend or participate in a prehearing
				conference, hearing, or other stage of a contested case or who fails to make a
				good faith effort to comply with a prehearing order may be held in default
				under the Administrative Procedure Act; and
006.01A3(h). Any other matters that the
				hearing officer considers desirable to expedite the proceedings.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-007 - Conducting a contested case hearing

Current through June 17, 2024
007.01.
Order.
At the discretion of the hearing officer, the hearing may
				be conducted in the following order:
007.01A.
				The hearing is called to order by the hearing officer. Any preliminary motions,
				stipulations or agreed orders are entertained.
007.01B. Each party may be permitted to make
				an opening statement. Opening statements take place in the same order as the
				presentation of evidence.
007.01C.
				Presentation of evidence.
007.01C1. Evidence
				will be received in the following order:
007.01C1(a). Evidence is presented by the
				petitioner;
007.01C1(b). Evidence
				is presented by the respondent;
007.01C1(c). Rebuttal evidence is presented
				by the petitioner; and
007.01C1(d).
				Surrebuttal evidence is presented by the respondent.
007.01C2. With regard to each witness who
				testifies, the following examination may be conducted:
007.01C2(a). Direct examination conducted by
				the party who calls the witness;
007.01C2(b). Cross-examination by the
				opposing party;
007.01C2(c).
				Redirect examination by the party who called the witness; and
007.01C2(d). Recross-examination by the
				opposing party.
007.01D. After the evidence is presented,
				each party may have opportunity to make a closing argument. Closing arguments
				shall be made in the same order as the presentation of evidence. The hearing
				officer may request that the parties submit briefs in lieu of closing
				arguments.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-008 - Decision and order in a contested case

Current through June 17, 2024
008.01. Every decision and order adverse to a
				party to the proceeding, rendered by an agency in a contested case, shall be in
				writing or stated in the record and shall be accompanied by findings of fact
				and conclusions of law.
008.02. The
				decision and order should include:
008.02A.
				The name of the agency and name of the proceeding;
008.02B. The time and place of the
				hearing;
008.02C. The names of all
				parties or their attorneys who entered an appearance at the hearing;
008.02D. The findings of fact consisting of a
				concise statement of the conclusions upon each contested issue of
				fact;
008.02E. The conclusions of
				law consisting of the applications of the controlling law to the facts found
				and the legal results arising therefrom; and
008.02F. The order consisting of the action
				taken by the agency as a result of the facts found and the legal conclusions
				arising therefrom.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD › Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency › Section 53-4-009 - Appeals

Current through June 17, 2024
009.01. Any person aggrieved by a final
				decision in a contested case is entitled to judicial review under the
				Administrative Procedure Act or to resort to such other means of review as may
				be provided by law.
009.02. Parties
				desiring to appeal an agency decision must file a petition for review in the
				district court of the county where the agency action is taken within thirty
				days after the service of the final decision by the agency. The thirty day
				period for appeal commences to run from the date of mailing of the notice of
				order and decision to the parties or their attorneys of record. Service of the
				petition and summons must be made in accordance with Nebraska law.
009.03. Unless otherwise provided by statute,
				the procedures of Neb. Rev. Stat. §
									84-917 govern the procedure for
				taking an appeal.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-001

Current through June 17, 2024
Definitions of terms used in this Title, unless the context
				  otherwise requires, are stated in the Real Property Appraiser Act, NEB. REV.
				  STAT. §
									76-2201 et. seq, (hereinafter
				  referred to as "the Act"), the Appraisal Management Company Registration Act,
				  NEB. REV. STAT. §
									76-3201 et. seq. (hereinafter
				  referred to as "the AMC Act"), and/or the Uniform Standards of Professional
				  Appraisal Practice, and the definitions as follows:
001.01 Activity means any real property
				appraiser related education offering.
001.02 Automated Valuation Model means any
				computer software program that analyzes data using an automated process. The
				program may use regression, adaptive estimation, neural networking, expert
				reasoning, and/or artificial intelligence.
001.02A An automated valuation model is a
				tool that delivers an estimation or calculation, and is not in itself an
				appraisal under NEB. REV. STAT. §
										76-2204, or by itself a report
				under NEB. REV. STAT. §
										76-2216.02. If the output from an
				automated valuation model is communicated as an analysis, conclusion, or
				opinion of value concerning identified real estate or identified real property
				that implies the exercise of judgment to the client, intended user, or the
				public by any person not exempt under NEB. REV. STAT. §
										76-2221, the analysis, conclusion,
				or opinion of value is an appraisal under NEB. REV. STAT. §
										76-2204 and communication of the
				analysis, conclusion, or opinion of value is a report under NEB. REV. STAT.
				§
										76-2216.02.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-002

Current through June 17, 2024
This Title applies to all persons engaged in real property
				  appraisal practice in the State of Nebraska, and all persons conducting
				  business as an appraisal management company in the State of
				  Nebraska.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-003

Current through June 17, 2024
The current edition of the Uniform Standards of Professional
				  Appraisal Practice is adopted as the minimum standards governing real property
				  appraisal practice in the State of Nebraska. A copy of such standards will be
				  supplied with the issuance of each new real property appraiser credential, and
				  with renewal of each real property appraiser credential. A copy of the Uniform
				  Standards of Professional Appraisal Practice is on file and available for
				  public inspection in the office of the Real Property Appraiser Board and may be
				  examined in the office of the Secretary of State.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-004

Current through June 17, 2024
Each credential holder is required to notify the Board in
				  writing within ten (10) days of any change of his or her place of business,
				  which includes business name, address, phone number, and electronic mail
				  address.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-005

Current through June 17, 2024
No advertisement by a credential holder in the State of
				  Nebraska may use a name of a credential holder, classification of
				  credentialing, or credential holder identification number, other than as stated
				  on the real property appraiser's credentialing card issued by the Board; and
				  any advertisement stating an address is required to state the principal place
				  of business as provided by the real property appraiser to the
				  Board.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-006

Current through June 17, 2024
A certified real property appraiser who is approved by the
				  Board as a supervisory real property appraiser, and is currently acting in a
				  supervisory capacity for one or more trainee real property appraiser(s, may
				  advertise him or herself as a supervisory real property appraiser, and may
				  include the name of any trainee real property appraiser(s that he or she is
				  overseeing in a supervisory capacity, as long as the advertisement clearly
				  identifies such person as a trainee real property appraiser. Trainee real
				  property appraisers may not otherwise advertise.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-007

Current through June 17, 2024
Specialized knowledge means an advanced level of expertise
				  obtained through education and experience with respect to a specific subject
				  matter that includes an advanced understanding of the principles, practices,
				  procedures and methods applicable to the subject matter, as well as the ability
				  to apply such expertise to a problem requiring an expertise that a real
				  property appraiser could only obtain through equivalent education and
				  experience.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-008

Current through June 17, 2024
Salaried employee means any individual who is employed to
				  perform services on behalf of an employer and whose compensation for the
				  services is in the form of salary, or its equivalent, paid by the employer.
				  Employee does not include an independent contractor.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-009

Current through June 17, 2024
Each appraisal management company shall maintain a detailed
				  record of appraisal management services provided under its registration. The
				  detailed record includes, at minimum, the following information as
				  applicable:
(1) Copy of contract or
				agreement, which includes date of agreement with AMC appraiser to provide
				valuation services,
(2) Name of
				client and intended user(s),
(3)
				Name and credential number of AMC appraiser,
(4) Documentation verifying AMC appraiser's
				standing at the time of agreement,
(5) Address of the property(ies) that is/are
				the subject of the appraisal management services,
(6) Fees paid to the AMC appraiser,
(7) Date of service completion,
(8) Date payment-in-full was made to the AMC
				appraiser,
(9) Copy of all
				communication between AMC appraiser and appraisal management company,
(10) Proof that appraisal management company
				requires AMC appraiser to comply with USPAP,
(11) AMC appraiser's signed consent to any
				subsequent, specified report modifications made by the appraisal management
				company,
(12) Record of quality
				control or USPAP compliance, and
(13) All original or revised copies of
				subject report as submitted.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-010

Current through June 17, 2024
Any person who alleges damage by a violation of the AMC Act
				  may file a claim against a surety bond held by an appraisal management company
				  registered in Nebraska. Such request will be in writing, and address the
				  following items:
(1) Name and contact
				information of requester,
(2) Name,
				contact information, and Nebraska registration number of appraisal management
				company,
(3) Address of property
				subject of request,
(4) Date real
				property appraisal practice assignment was offered,
(5) Date report was submitted,
(6) Amount owed for valuation services
				rendered, and
(7) Description of
				attempts to rectify the matter.
Any documentation in support of the request may be submitted
				  along with the written request.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-011

Current through June 17, 2024
Each appraisal management company shall furnish to the
				  board, at the time of making application, a surety bond in the amount of
				  twenty-five thousand dollars. The surety bond is required to be maintained
				  until one year after the date that the appraisal management company ceases
				  operation in this state, which is the date on which the registration expires or
				  the date on which the appraisal management company's request to surrender its
				  registration is formally accepted.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 1 - GENERAL PROVISIONS › Section 298-1-013 - APPLICATION FOR PRELIMINARY CRIMINAL HISTORY REVIEW

Current through June 17, 2024
013.01
				Pursuant to NEB. REV. STAT. §
									84-947, a preliminary criminal
				history review will be performed by the Board to determine whether an
				individual's criminal conviction(s) would disqualify the individual from
				obtaining a credential as a Nebraska Real Property Appraiser, or from being a
				more than 10% owner of an Appraisal Management Company (AMC).
013.02 Any applicant for the preliminary
				criminal history review must submit:
013.02A
				An application on a form approved by the Board;
013.02B A written statement that details
				information regarding individual's current circumstances, including the time
				since the offense, completion of the criminal sentence, rehabilitation efforts,
				employment history, and employment aspirations;
013.02C Any documentation in support of
				individual's written statement, including court records, communication and
				documentation related to the completion of the criminal sentence, evidence of
				rehabilitation, and testimonials; and
013.02D A non-refundable application fee of
				$50.00.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 2 - REAL PROPERTY APPRAISER CREDENTIAL › Section 298-2-001 - EDUCATION

Current through June 17, 2024
To qualify for a credential as a trainee real property
				  appraiser, licensed residential real property appraiser, certified residential
				  real property appraiser, or certified general real property appraiser, an
				  applicant must complete post-secondary education and qualifying education
				  requirements established for each classification.
001.01
Trainee real property
				appraiser/supervisory real property appraiser
001.01A Pursuant to NEB. REV. STAT. §
										76-2228.01(1)
				(c), an applicant for the trainee real
				property appraiser credential must:
001.01A.1
				Successfully complete a minimum of 75 hours in board approved courses of study,
				which includes at least:
(1) The 15-hour
				National Uniform Standards of Professional Appraisal Practice Course,
(2) 30 hours of basic appraisal principles,
				and
(3) 30 hours of basic appraisal
				procedures; or
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 2 - REAL PROPERTY APPRAISER CREDENTIAL › Section 298-2-002 - EXPERIENCE

Current through June 17, 2024
002.01 After January 1, 2014, real property
				appraisal practice experience obtained within the State of Nebraska, or as a
				resident of the State of Nebraska, for credentialing as a licensed residential,
				certified residential, or certified general real property appraiser must be
				acquired as a trainee real property appraiser, registered real property
				appraiser, licensed residential real property appraiser, certified residential
				real property appraiser, or certified general real property appraiser. This
				Section does not apply to participation in a PAREA program.
002.02 At the Board's discretion, up to 50%
				of the real property appraisal practice experience required for credentialing
				as a licensed residential, certified residential, or certified general real
				property appraiser may be obtained in another jurisdiction. This real property
				appraisal practice experience may be accepted by the Board if the real property
				appraisal practice experience is compliant with the laws of the jurisdiction in
				which it was obtained.
002.03 An
				applicant's hours of real property appraisal practice experience submitted to
				the Board for review and determination of acceptability shall:
002.03A Demonstrate the applicant's
				progressive responsibility in the development and reporting of assignment
				results, which includes analyzing factors that affect value, defining the
				problem, gathering and analyzing data, applying the appropriate analysis and
				methodology, arriving at an opinion, and correctly reporting the opinion;
				and
002.03B Be completed in
				compliance with the Uniform Standards of Professional Appraisal
				Practice.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 2 - REAL PROPERTY APPRAISER CREDENTIAL › Section 298-2-004 - APPLICATION

Current through June 17, 2024
004.01
Trainee Real Property Appraiser
				and Supervisory Real Property Appraiser Requirements
004.01A Any applicant for the trainee real
				property appraiser credential must:
004.01A.1
				Submit an application and required documentation on forms approved by the Board
				showing compliance by the applicant with all credentialing requirements
				established by the Act or by this Title;
004.01A.2 Pay a non-refundable application
				fee of $150.00; and
004.01A.3 Pay a
				non-refundable criminal history record check fee of $45.25.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 3 - RECIPROCITY AND TEMPORARY REAL PROPERTY APPRAISER CREDENTIAL › Section 298-3-001 - RECIPROCITY

Current through June 17, 2024
This Section applies to individuals currently credentialed in
				  another jurisdiction who wish to obtain a non-temporary Nebraska credential. To
				  qualify for a credential as a licensed residential real property appraiser, a
				  certified residential real property appraiser, or a certified general real
				  property appraiser through reciprocity, an applicant must be currently
				  credentialed to appraise real estate and real property under the laws of
				  another jurisdiction, and must comply with all of the provisions of the Real
				  Property Appraiser Act and this Title relating to the appropriate
				  classification of credentialing.
001.01 Any applicant for the licensed
				residential, certified residential, or certified general real property
				appraiser credential through reciprocity must:
001.01A Submit an application and required
				documentation for the appropriate classification on forms approved by the Board
				showing compliance by the applicant with all credentialing requirements
				established by the Act or by this Title;
001.01B Pay a non-refundable application fee
				of $150.00; and
001.01C Pay a
				non-refundable criminal history record check fee of $45.25.
Nebraska Administrative Code › Topic - REAL PROPERTY APPRAISER BOARD › Title 298 - NEBRASKA REAL PROPERTY APPRAISER BOARD › Chapter 3 - RECIPROCITY AND TEMPORARY REAL PROPERTY APPRAISER CREDENTIAL › Section 298-3-002 - TEMPORARY CREDENTIAL

Current through June 17, 2024
For a nonresident to qualify for a temporary credential as a
				  licensed residential real property appraiser, a certified residential real
				  property appraiser, or a certified general real property appraiser, an
				  applicant must be currently credentialed to engage in real property appraisal
				  practice under the laws of another jurisdiction, and must comply with all of
				  the provisions of the Act and this Title relating to temporary
				  credentialing.
002.01 Any applicant
				for a temporary licensed residential, certified residential, or certified
				general real property appraiser credential must:
002.01A Submit an application and required
				documentation for the appropriate classification on forms approved by the Board
				showing compliance by the applicant with all temporary credentialing
				requirements established by the Act or by this Title;
002.01B Submit a letter of engagement or
				contract indicating the location(s) and property types of the real property
				appraisal practice assignment;
002.01C Pay a non-refundable temporary
				credential application fee of $100.00; and
002.01D Pay a non-refundable temporary
				credentialing fee of $50.00.