reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 415 - NEBRASKA DEPARTMENT OF TRANSPORTATION - LOCAL ASSISTANCE DIVISION › Chapter 7 - Comprehensive Public Safety Program for Highway-Rail Grade Crossings › Section 415-7-002 - GRADE CROSSING SAFETY ASSESSMENT PROCESS

Current through June 17, 2024
002.01 The grade crossing safety assessment
  process may include, but is not limited to consideration of the following
  factors:
002.01A Volume of trains.
002.01B Volume of motor vehicles, including
  character, function, and type of vehicular traffic through the
  crossing.
002.01C Number of tracks
  at the crossing.
002.01D Geometry
  of the crossing, including acute angles.
002.01E Sight-distance restrictions, if
  any.
002.01F Train and motor
  vehicle speed.
002.01G Accident
  history.
002.01H Character of
  proximate road network, including distance and travel time to adjacent
  crossings.
002.01I Frequency and
  duration of roadway blockage by trains, including citation history.
002.01J Emergency response routes, including
  alternatives.
002.01K Economic
  impact of crossing.
002.01L Current
  and foreseeable development in the vicinity of the crossing.
002.01M Location of schools, school bus
  routes, hospitals, police and fire stations.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 415 - NEBRASKA DEPARTMENT OF TRANSPORTATION - LOCAL ASSISTANCE DIVISION › Chapter 7 - Comprehensive Public Safety Program for Highway-Rail Grade Crossings › Section 415-7-003 - DIAGNOSTIC TEAM REVIEW AND IMPROVEMENT RECOMMENDATIONS

Current through June 17, 2024
003.01 DIAGNOSTIC TEAM REVIEW
After completing the process of identifying priority corridors, the
	 Department shall annually select one or more of the priority corridors for a
	 Diagnostic Team Review. A previously completed Diagnostic Field Inspection
	 report may be used or updated by the Department.
003.02 CORRIDOR IMPROVEMENT PROPOSAL
Upon completing or updating a Diagnostic Team Review on a selected
	 corridor, the Department may prepare and submit a specific corridor improvement
	 proposal to the railroad company and the county or municipality in which the
	 corridor is located and to any property owners who have the right to use a
	 private crossing in the corridor. The proposal may include a timetable for
	 completion of the improvements and funding options and obligations of the
	 various entities. The following is a non-exclusive list of the crossing
	 improvements that may be included in the specific corridor improvement proposal
	 by the Department.
003.02A
  Construction of grade separation structure(s) for vehicles and/or
  pedestrians.
003.02B Closure of
  public or private grade crossings.
003.02C Installation or upgrade of passive or
  active warning devices.
003.02D
  Construction of crossings at new locations, or maintenance or reconstruction of
  crossings or the approach to crossings.
003.02E Improvement of sight distance at
  crossings.
003.02F Construction or
  modification of access roads.
003.02G Other improvements may include
  upgrading existing signal controllers, traffic light preemptive systems, active
  advance warning systems, special signing, public education, focused enforcement
  efforts, use of LED systems, converting the crossing from private to public,
  making crossing surface improvements or railroad operational changes.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 415 - NEBRASKA DEPARTMENT OF TRANSPORTATION - LOCAL ASSISTANCE DIVISION › Chapter 7 - Comprehensive Public Safety Program for Highway-Rail Grade Crossings › Section 415-7-004 - REPORTING REQUIREMENTS

Current through June 17, 2024
004.01 By November 1st of each year, the
  railroad company shall report to the Department in a format agreed to between
  the railroad and the Department, the average daily number of trains on each of
  its Nebraska lines.
004.02 On or
  about January 1st of each odd-numbered year, the Department will provide each
  local entity (municipalities and counties with public highway-rail grade
  crossings within their jurisdiction) with the Department's most recent estimate
  of the average daily number of vehicles for each public railroad crossing
  within that entity's jurisdiction. The local entity shall review the
  Department's estimates and report in writing to the Department by November 1 of
  that year, whether it agrees or disagrees with each of the Department's
  estimates. In the event the local entity disagrees with the Department's
  estimate for any crossing, the local entity shall report to the Department in
  writing its own estimate of the average daily number of vehicles for that
  crossing. If the local entity chooses to conduct its own traffic count or
  counts, the Department will provide, upon request, a traffic counting device to
  the local entity at no expense. Additionally, the local entity may at any time
  request a copy of data in the Department's inventory of the most recent
  estimate of the average daily number of vehicles for any public crossing within
  that entity's jurisdiction.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 415 - NEBRASKA DEPARTMENT OF TRANSPORTATION - LOCAL ASSISTANCE DIVISION › Chapter 7 - Comprehensive Public Safety Program for Highway-Rail Grade Crossings › Section 415-7-005 - CROSSINGS BLOCKED BY A STOPPED TRAIN

Current through June 17, 2024
005.01 A railroad company or a railroad track
  owner operating trains over tracks within the State of Nebraska shall not block
  a public highway-rail grade crossing, for a period of time in excess of ten
  (10) minutes, except if the train is moving in a continuous forward or backward
  direction, or if the train is stopped for an emergency condition, including an
  accident, derailment, critical mechanical failure, track or bridge washout,
  storm, flood, or other emergency situation.
005.02 A one-time exception of up to, but not
  exceeding, ten (10) additional minutes shall be authorized under the following
  conditions:
005.02A When a train and its
  crew, operating under the rules of the Federal Railroad Administration (FRA) is
  unable to complete a switching maneuver while setting out or picking up rail
  cars within the ten (10) minutes set forth in Section 005.01 of this
  chapter.
005.02B When a train is
  stopped to allow the passage of a second train and the stopped train has
  exhausted the ten (10) minutes set forth in Section 005.01 of this chapter, if
  the arrival of the second train is imminent and separation and coupling of the
  stopped train would result in further unnecessary blocking of the highway-rail
  public grade crossing.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 415 - NEBRASKA DEPARTMENT OF TRANSPORTATION - LOCAL ASSISTANCE DIVISION › Chapter 7 - Comprehensive Public Safety Program for Highway-Rail Grade Crossings › Section 415-7-006 - MAINTENANCE AND REPAIR OF CROSSINGS WHEN RAILROAD LINE IS ABANDONED OR REMOVED

Current through June 17, 2024
006.01 The following rules shall apply
  whenever the owner of a railroad line is granted, by proper authority, an
  abandonment of its rail line. The owner of the rail line shall have the
  following duties:
006.01A To continue to
  protect, maintain and repair all active warning devices at all crossings until
  they are properly removed or a track out-of-service sign is placed in
  accordance with the MUTCD.
006.01B
  To promptly remove all active warning devices from crossings on the abandoned
  or removed lines. The railroad company shall cooperate with the Department to
  ensure that the devices are installed at another location on a line owned by
  the railroad or make the devices available to the Department for installation
  at a crossing on another railroad line.
006.01C To remove all tracks, ties, switches
  and other structures within the area of the lateral clear zone applicable to
  the roadway and to resurface the crossing and restore the area within the
  lateral clear zone to a condition safe for the traveling public. The roadway
  shall be resurfaced with the same surfacing used on the road leading to the
  crossing.
006.01D To mow and treat
  weeds at the crossing within the area of the roadway lateral clear zone on the
  railroad company's right-of-way until the work prescribed in Section
  006.01C of this
  chapter is completed.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-001 - PURPOSE

Current through June 17, 2024
This rule implements statutory authority for the Board of Examiners for
	 County Highway and City Street Superintendents, hereafter referred to as the
	 Board, to approve, disapprove, suspend and revoke the licenses of county
	 highway and city street superintendents.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-002 - STATUTORY AUTHORITY

Current through June 17, 2024
This rule is adopted pursuant to authority vested in the Board as
	 provided in Chapter 39, Section
	 39-2311,
	 Nebraska Revised Statutes.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-003 - DEFINITIONS

Current through June 17, 2024
For purposes of this rule, the following definitions shall
	 apply:
003.01 BOARD:
The Board of Examiners for County Highway and City Street
	 Superintendents, and, unless specified otherwise, Board shall also refer to
	 administrative staff designated to carry out administrative functions on behalf
	 of the Board.
003.02 CITY
  STREET SUPERINTENDENT:
A person who engages in the practice of street superintending for an
	 incorporated municipality.
003.03 COUNTY HIGHWAY SUPERINTENDENT:
A person who engages in the practice of highway superintending for a
	 county.
003.04 STREET OR
  HIGHWAY SUPERINTENDING
STREET OR HIGHWAY SUPERINTENDING shall mean all of the following
	 functions and duties:
003.04A
  Developing and annually updating long-range plans for highways, roads and
  streets based on needs of the county or municipality and coordinated with
  adjacent governmental units.
003.04B Developing annual programs for
  design, construction, and maintenance of highways, roads and streets of the
  county or municipality.
003.04C
  Developing annual budgets based on programmed projects and
  activities.
003.04D Implementing
  the capital improvements and maintenance activities provided in the approved
  plans, programs and budgets.
003.04E Managing personnel, contractors, and
  equipment in support of such planning, programming, budgeting and
  implementation operations.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-004 - PRE-2004 LICENSES

Current through June 17, 2024
Effective January 1, 2004, all licenses issued previously by the Board
	 and in effect are designated Class B licenses.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-005 - APPLICATION PROCEDURES

Current through June 17, 2024
005.01 APPLICATION FORM
All applicants shall submit a written application for a Class B or
	 Class A county highway superintendent or city street superintendent license or
	 for renewal or reissuance of such license, on forms, including supporting logs,
	 prescribed by the Board. Application forms and supporting logs may be obtained
	 from the Board.
005.02 FEE
The appropriate fee as prescribed in Subsection 006.01 A, Subsection
	 006.02B, Subsection 008.01 B, or Subsection 008.02B1 shall be submitted with
	 the application.
005.03
  APPLICATION SUBMISSION
005.03A Application
  Period
005.03A1 Application for a Class B
  license (county or city) may be made at any time.
005.03A2 Application for an initial Class A
  license (county or city) shall be made at the time for, and in lieu of, annual
  renewal of a Class B license. Application for a second Class A license may be
  made at any time.
005.03A3
  Application for a second license also may be made concurrently with the
  application for the initial license.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-006 - REQUIREMENTS - INITIAL LICENSE

Current through June 17, 2024
006.01 INITIAL CLASS B LICENSE REQUIREMENTS
An individual may be issued an initial Class B License as a county
	 highway superintendent or a city street superintendent upon application and
	 meeting the following requirements:
006.01A Fee. The applicant shall pay the
  Class B license application fee of twenty-five dollars ($ 25.00) for each
  license as provided in Section
  39-2306,
  Nebraska Revised Statutes.
006.01B
  Qualifications. The candidate shall qualify under either Section
  006.01B1 or
  Section
  006.01B2.
006.01B1 The candidate shall successfully
  complete a written examination approved by the Board and administered
  semiannually by the Board. The examination shall test the candidate's
  qualifications for the positions of county highway superintendent and city
  street superintendent as prescribed in Section
  39-2307,
  Nebraska Revised Statutes. Prior to the first of the year, the Board shall
  schedule the dates of the examination for that year and shall determine the
  minimum score necessary for successful completion of the examination.
006.01B1(a) A candidate for a Class B license
  shall take and successfully complete one (1) of the next four (4) semi-annual
  examinations following his or her approval by the Board as a candidate for
  examination.
006.01B1(b) A
  candidate for a Class B license who does not successfully complete the
  examination may retake the examination once within the period prescribed in
  Subsection
  006.01B1 (a)
  without reapplying. The person shall remain a candidate until he or she again
  fails to complete the examination successfully or until the period
  expires.
006.01B2 The
  candidate shall demonstrate to the Board that he or she is a licensed
  registered professional engineer in Nebraska, in good standing, and therefore
  is exempt from examination.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-007 - REQUIREMENTS - ADDITIONAL LICENSE

Current through June 17, 2024
007.01 CLASS B LICENSE HOLDERS
007.01A The holder of a valid Class B county
  highway superintendent license may request a Class B city street superintendent
  license and shall be entitled to such upon application and payment of the Class
  B license application fee.
007.01B
  The holder of a valid Class B city street superintendent license may request a
  Class B county highway superintendent license and shall be entitled to such
  upon application and payment of the Class B license application fee.
007.01C An initial Class B applicant using
  the option provided in Subsection
  005.03A3 may
  request a Class B county highway superintendent license and a Class B city
  street superintendent license and shall be entitled to such upon application,
  payment of the Class B license application fee for each license, and meeting
  requirements of Subsection
  006.01B.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-008 - RENEWAL PROCEDURES AND REQUIREMENTS

Current through June 17, 2024
008.01 CLASS B LICENSE RENEWAL
008.01A Duration. An initial or additional
  Class B license issued before October 1, shall be valid through December 31 of
  the current calendar year. An initial or additional Class B license issued on
  or after October 1, shall be valid through December 31 of the next calendar
  year.
008.01B Fee. A Class B
  license is renewable for additional one-year periods upon timely application
  and payment of the renewal fee of ten dollars ($ 10.00) as provided in Section
  39-2308,
  Nebraska Revised Statutes.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-009 - REISSUANCE PROCEDURES AND REQUIREMENTS

Current through June 17, 2024
009.01 CLASS A LICENSE
The holder of a valid Class B license who previously held a Class A
	 license may be reissued a Class A license upon application by either:
009.01A Having completed thirty (30) hours of
  professional development within the preceding forty-eight (48) months, subject
  to audit, and paying the Class A license application fee; or
009.01B Reapplying under Subsection 006.02 of
  this rule, including paying the Class A license application fee.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-010 - LICENSE CERTIFICATES AND CARDS

Current through June 17, 2024
010.01 Each person who is issued an initial,
  additional or reissued Class B or Class A license shall receive a certificate
  and card from the Board as documentation of a valid license.
010.02 When a license is renewed the licensee
  shall receive a card from the Board as documentation of a valid
  license.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-011 - ANNUAL ROSTER AND REPORT

Current through June 17, 2024
011.01 First-time holders of any county
  highway or city street superintendent license, persons who have renewed their
  license or licenses, and persons who have been reissued a license shall be
  placed on the annual roster of licensed county highway and city street
  superintendents for the calendar year.
011.02 At the first meeting every calendar
  year, the Board shall direct preparation and authorize dissemination of a
  calendar year report. The report shall detail the activities of the Board for
  the prior calendar year and shall include the annual roster of licensed county
  highway superintendents and city street superintendents.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-012 - LICENSE SUSPENSION AND REVOCATION

Current through June 17, 2024
012.01 GENERAL
The Board may suspend or revoke a license for offenses listed in
	 Section 012 upon completing the sequence of actions prescribed in Sections 013
	 through 016.
012.02 FRAUD
  AND DECEIT
The Board may suspend or revoke the license of any licensee for fraud
	 or deceit in obtaining his or her license.
012.02A A licensee will be considered to have
  obtained a license by fraud or deceit in the following instances:
012.02A1 If the licensee provides to the
  Board during the application, examination, renewal or reissuance process, any
  false, incomplete or misleading information, including but not limited to
  information regarding:
012.02A1(a) The
  licensee's qualifications for the license;
012.02A1(b) The licensee's completion of
  professional development hours; or
012.02A1(c) The licensee's work
  experience.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-013 - COMPLAINTS - INITIATION OF ACTION

Current through June 17, 2024
013.01 GENERAL
The Board may, upon its own motion, and shall upon the sworn statement
	 in writing of any person, investigate any allegations of fraud or deceit in
	 obtaining a license, neglect of duty or incompetence made against any licensed
	 county highway superintendent or licensed city street superintendent. The Board
	 may prescribe and provide a form for such sworn statement.
013.02 INVESTIGATIVE SUSPENSION
The Board shall have the power to suspend the license of any county
	 highway superintendent or city street superintendent pending the outcome of the
	 investigation of any complaint under Section 014 when it is determined by the
	 Board that suspension is necessary to protect the public or is reasonably
	 necessary for a full and complete investigation.
013.03 TIMING
Within ten (10) working days of receiving a complaint or initiating an
	 investigation pursuant to Subsection 013.01, the Board shall initiate the
	 investigation process set out in Section 014.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-014 - COMPLAINTS - INVESTIGATION AND DISPOSITION

Current through June 17, 2024
014.01 AUTHORITY
The Board has authority to consider complaints against a licensee only
	 to the extent that the allegations involve:
014.01A Fraud or deceit of a licensee in
  obtaining his or her license,
014.01B Neglect of duty by a licensee,
  or
014.01C Incompetence by a
  licensee in the performance of duty.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-015 - HEARINGS FOR CONTESTED CASES

Current through June 17, 2024
The procedure for all hearings under this chapter shall be as provided
	 in Title 425, Chapter 1, Section 002 of the Nebraska Administrative
	 Code.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS › Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents › Section 425-2-016 - DECISIONS IN CONTESTED CASES

Current through June 17, 2024
016.01 REVIEW
The record of the hearing pursuant to Section 015 shall be provided to
	 each member of the Board in a timely fashion, including all findings of fact,
	 conclusions of law and recommendations submitted by the hearing officer.
016.02 ACTION
The Board shall render a decision within sixty (60) days of receiving
	 the record of the hearing, or within sixty (60) days of receiving the
	 licensee's written request that the hearing be waived. The decision may include
	 an order.
016.02A Decisions and orders
  shall be rendered in accordance with Title 425, Chapter 1, Section 002 of the
  Nebraska Administrative Code.
016.02B A decision to suspend a license shall
  specify the period of suspension and may specify conditions for
  reinstatement.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 428 - BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS › Chapter 1 - Procedures for Classifications › Section 428-1-001 - SPECIFIC CRITERIA FOR THE FUNCTIONAL CLASSIFICATION OF RURAL HIGHWAYS

Current through June 17, 2024
001.01 INTERSTATE
INTERSTATE - shall consist of the federally designated National System
	 of Interstate and Defense Highways.
001.02 EXPRESSWAY
EXPRESSWAY - shall consist of a group of highways following major
	 traffic desires in Nebraska which rank next in importance to the National
	 System of Interstate and Defense Highways. The expressway system is one which
	 ultimately should be developed to multilane divided highway standards.
SPECIFIC CRITERIA
1. Serve
  corridor movements having trip length and travel density characteristics
  indicative of substantial state-wide or interstate travel (Expressway plans of
  adjoining states to receive careful consideration) which are not handled by the
  Interstate.
2. Serve all, or
  virtually all, cities of ten thousand and over population which are not served
  by the Interstate. [The term "serve" for the expressway system is defined as
  coming within twenty-five miles of the center of the city via a major
  arterial.]
3. The Expressways in
  conjunction with the Continuous Major Arterials be spaced so that all developed
  areas of the State are within a reasonable distance of an Expressway or
  Arterial highway.
4. Selection
  between two or more routes to satisfy a particular desire line assignment will
  be made on the basis of:
A. The route with
  the higher traffic volume
B. The
  most direct route
C. The route with
  the highest standards and best condition
D. Only one assignment per desire
  line
E. Make maximum use of routes
  previously selected
F. There must
  be little or no adverse travel
G.
  Routes should be interconnected in a continuous system
5. The total number of miles in the
  Interstate and Expressway Systems shall be limited as shown in Table
  1.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 428 - BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS › Chapter 1 - Procedures for Classifications › Section 428-1-004 - FUNCTIONAL CLASSIFICATION ASSIGNMENT APPEAL TO THE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS

Current through June 17, 2024
004.01 Any County or Municipality may, based
  on changing traffic patterns or volume, request the Department of Roads to
  reclassify any segment of highway, road or street. The Department shall review
  such request and either grant or deny the reclassification in whole or in part.
  Any County or Municipality dissatisfied with the action taken by the Department
  under this section, may appeal to the Board of Public Roads Classifications and
  Standards.
004.02 An appeal of
  assigned functional classification by any County or Municipality shall be
  submitted to the Board of Public Roads Classifications and Standards in
  writing. Appeal documentation shall include:
1. One copy of the Resolution, by the County
  Board or City Council, appealing the assigned functional classification and
  specifying the functional classification requested.
2. One copy of a map showing the location of
  the road or street. Beginning and ending points shall be identified.
3. Evidence that the Department of Roads
  denied a request for reclassification.
4. Traffic count data to include location of
  traffic count station(s) and date(s).
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 428 - BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS › Chapter 2 - Procedures for Standards › Section 428-2-002 - MINIMUM CONSTRUCTION STANDARDS - STATE HIGHWAY, COUNTY ROAD, AND MUNICIPAL STREET SYSTEMS

Current through June 17, 2024
002.01 RURAL HIGHWAYS - NEB. REV. STAT.
  Section
  39-2103
002.01A STATE FUNCTIONAL CLASSIFICATIONS -
  INTERSTATE, EXPRESSWAY, MAJOR ARTERIAL, OTHER ARTERIAL, COLLECTOR,
  SCENIC-RECREATION-MAJOR ARTERIAL, SCENIC-RECREATION-OTHER ARTERIAL AND
  SCENIC-RECREATION-COLLECTOR - shall require all construction to be in
  accordance with the NDOR, Nebraska Department of Roads, 2007 Standard
  Specifications for Highway Construction.
002.01B STATE FUNCTIONAL CLASSIFICATIONS -
  LOCAL, REMOTE RESIDENTIAL, MINIMUM MAINTENANCE AND SCENIC-RECREATION-LOCAL -
  shall require that all construction follow the NDOR, Nebraska Department of
  Roads, 2007 Standard Specifications for Highway Construction, as a guide to
  good construction methods.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 428 - BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS › Chapter 2 - Procedures for Standards › Section 428-2-003 - MINIMUM MAINTENANCE STANDARDS - STATE HIGHWAY, COUNTY ROAD, AND MUNICIPAL STREET SYSTEMS

Current through June 17, 2024
Applicable to each functional classification set forth in Chapter 39,
	 Article 21 Neb. Rev. Stat.
003.01
  STATE FUNCTIONAL CLASSIFICATIONS - INTERSTATE, EXPRESSWAY, MAJOR ARTERIAL,
  COLLECTOR, LOCAL, SCENIC-RECREATION-MAJOR ARTERIAL, SCENIC-RECREATION-OTHER
  ARTERIAL, SCENIC-RECREATION-COLLECTOR AND SCENIC-RECREATION-LOCAL
003.01A DEFINITION
Maintenance is defined as the preservation and upkeep of a highway,
	 road or street including all its elements, in a condition as near as is
	 practical to the original or as constructed condition in order to provide the
	 road user with a safe and convenient highway facility.
003.01B LIMITS OF MAINTENANCE
Routine Maintenance funds should be used only for the restoration and
	 repair of the roadway and roadside to the safe and usable condition to which it
	 was constructed and for limited roadside maintenance such as mowing the
	 shoulders of the road, filling shoulder washes, cleaning ditches and
	 backfilling small slides or washouts.
003.01C PHYSICAL MAINTENANCE
The following routine maintenance operations, replacements, and minor
	 additions, although not all inclusive, are considered to be physical
	 maintenance.
003.01C1 ROADWAY SURFACES
* Scarifying, reshaping, and restoring material losses.
* Applying dust palliatives.
* Patching, repairing, surface treating, joint filling, and mudjacking
	 on bituminous or concrete surfaces.
* Resurfacing of concrete, brick, or bituminous pavements .
* Replacement of traveled way and shoulder in-kind.
* Replacement of unsuitable base materials in patching
	 operations.
003.01C2
  SHOULDERS AND SIDE ROAD APPROACHES
* Scarifying, reshaping and restoring material losses.
* Applying dust palliatives.
* Patching and repairing all surface types, including base.
* Resealing bituminous types.
* Reseeding and resodding.
003.01C3 ROADSIDE AND DRAINAGE
* Reshaping of drainage channels and sideslopes.
* Restoration of erosion controls.
* Cleaning and repairing culverts.
* Removing slides.
* Mowing and tree trimming.
* Replacing topsoil, sod, shrubs, etc.
* Replacement, with essentially the same design, of curb, gutter,
	 riprap, and underdrain.
003.01C4 STRUCTURES
* Cleaning, painting, and repairing.
* Replacements, with essentially the same design, of rails, floors,
	 stringers, piling and beams. Steel piling may be used to replace timber
	 piling.
* Replacement of walls in-kind.
003.01C5 The replacements and additions of a
  minor nature as listed above are considered to be physical maintenance. Where
  they become extensive or costly, such operations should not be charged to
  maintenance but to construction.
Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 428 - BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS › Chapter 2 - Procedures for Standards › Section 428-2-005 - STANDARD COMPLIANCE INSPECTION PROCEDURES - STATE HIGHWAY, COUNTY ROAD, AND MUNICIPAL STREET SYSTEMS

Current through June 17, 2024
005.01 The Board of Public Roads
  Classifications and Standards may make random checks of construction projects
  in accordance with Neb. Rev. Stat. §
									39-2122
  to determine that the minimum standards of design and construction are being
  met for any public highway, road or street. Inspection priorities are:
005.01A In response to a complaint received
  by the Board.
005.01B In response
  to a written request for inspection by a County Highway or a City Street
  Superintendent. Such request will include a certification of approval of the
  request by the County Board of the requesting county or the City Council or
  Village Board of the requesting municipality.
005.01C Projects selected for inspection by
  random methods.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-001 - Purpose

Current through June 17, 2024
The purposes of these Rules and Regulations are to establish
				  procedures for the operation and administration of the Nebraska Educational
				  Savings Plan Trust as established by LB1003 of the Ninety-Sixth Legislature and
				  signed into law by the Governor of Nebraska on April 12, 2000 to be codified at
				  Neb.Rev.Stat. Sections
				  85-1801 to
				  85-1814;
				  to describe the rights and responsibilities of contributors to the Trust; and
				  to ensure that the Trust conforms with the federal and state statutes and
				  regulations governing qualified tuition programs.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-003 - Participant Eligibility and Designation

Current through June 17, 2024
003.1
Participant Eligibility and Designation
A
				Participant may be anyone who has a valid Social Security number or U.S. tax
				identification number. The Participant shall designate the name and date of
				birth of the Beneficiary and provide all other documentation and certifications
				requested in the Participation Agreement.
003.2
Participation
				Agreement
Each Participant must agree to be bound by a
				Participation Agreement that specifies the terms and conditions under which the
				Participant shall participate in the Program. To the extent allowed by the Code
				and the Act, a Participation Agreement may be amended by the Trustee upon prior
				notice to the Participant and may also be amended by the Participant to
				increase or decrease the level of Contributions and change the designation of a
				Beneficiary.
003.3
Participant Changes
To the extent
				permitted by the Code, a Participant may transfer ownership of an Account to
				another person or entity eligible to be a Participant under the Code and the
				Act. Any such change shall not be effective until the Trust has received notice
				of the transfer and the new Participant has agreed to be bound by a
				Participation Agreement.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-004 - Beneficiary Eligibility

Current through June 17, 2024
004.1
Beneficiary Eligibility
A Beneficiary may
				be anyone who has a valid Social Security number or U.S. tax identification
				number. The Program has no minimum or maximum age limitations. There is no
				limit on the number of Accounts that may be opened for a single Beneficiary by
				different Participants; however, the Maximum Contribution Limit will apply in
				the aggregate to all Accounts for the same Beneficiary.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-005 - Contributions

Current through June 17, 2024
005.1
Contributions & Maximum Contribution
				Limit
All Contributions to Accounts shall be in Cash.
				Contributions to an Account may be made through an established periodic payment
				plan, through payroll deductions and other similar automatic deduction plans,
				through one or more lump-sum deposits and in any other means allowed by the
				Code, the Act and the Participation Agreement. Contributions may be made at any
				time, provided that (i) the total amount of Contributions to all Accounts
				maintained within the Trust for the same Beneficiary may not exceed the Maximum
				Contribution Limit, and (ii) no additional Contributions may be made for the
				benefit of a particular Beneficiary when the fair market value of all accounts
				maintained within the Trust for that Beneficiary plus the tendered Contribution
				exceeds the Maximum Contribution Limit.
005.2
Not required every
				year
A Participant shall not be required to make an annual
				Contribution on behalf of a Beneficiary. However, if a Participant makes a
				Contribution, such Contribution shall comply with the Minimum Contribution
				Limit and the Maximum Contribution Limit.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-006 - Change of Beneficiary

Current through June 17, 2024
006.1
Change of Beneficiary
A Participant may
				change a Beneficiary as allowed by the Code and the Act, provided that the
				Participant complies with section 006.2 of these Rules and
				Regulations.
006.2
Request
A Participant may request that a
				Beneficiary be substituted by submitting to the Trustee a notice to change
				Beneficiary. The notice to change Beneficiary shall include such information as
				required by the Trustee to insure compliance with the Code and Act.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-007 - Cancellation and Distribution of Refunds

Current through June 17, 2024
007.1
Cancellation
A Participant may at any
				time cancel a Participation Agreement, without cause, by submitting to the
				Trustee a notice to terminate agreement.
007.2
Distribution of
				Refund
If the Participation Agreement is canceled, the
				Participant is entitled to a refund. The refund shall be mailed or otherwise
				sent to the Participant within ninety days after receipt by the Trust of the
				notice to terminate agreement. The amount of the refund shall be the principal
				amount of all Contributions (less any applicable fees or expenses) made by the
				Participant plus the actual Program fund investment income earned on the
				Contributions, less any losses incurred on the investment, but not Endowment
				Fund monies.
007.3
Death or Disability of the Beneficiary, Receipt of a
				Scholarship
In the event of cancellation of a Participation
				Agreement for any of the reasons set forth in this subsection, the Participant
				is entitled to receive the principal amount of all Contributions (less all
				applicable fees and expenses) made by the Participant under the Participation
				Agreement plus the actual Program Fund income earned on the Contributions, less
				any losses incurred on the investment, but no Endowment Fund monies. Said
				refund shall be available upon the occurrence of, 1) death of the Beneficiary,
				2) disability of the Beneficiary within the meaning of section 72(m)(7) of the
				Code, or 3) receipt of a scholarship, allowance, or payment described in
				section 25A(g)(2) of the Code by the designated Beneficiary to the extent the
				amount of the cancellation refund does not exceed the amount of the
				scholarship, allowance, or payment.
007.4
Documentation for
				Certain Distributions
007.4.1 Before a Distribution is made due to
				the death of a Beneficiary, the Participant must provide the Trustee a copy of
				the Beneficiary's death certificate or other proof of death acceptable under
				Nebraska law.
007.4.2 Before a
				Distribution is made due to the disability of a Beneficiary, the Participant
				must provide the Trustee with such proof of disability as may be required by
				the Code.
007.4.3 Before a
				Distribution is made due to the receipt of a scholarship, allowance or payment,
				as described in Section 007.3, above, the Participant must provide the Trustee
				written proof of the receipt by the Beneficiary of such scholarship, allowance
				or payment, including the amount thereof.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-008 - Distributions

Current through June 17, 2024
008.1
Method of Distributions
The following
				four methods of Distribution shall be intended as being used to pay qualified
				Higher Education Costs :
(1) the Distribution
				is made directly to an Institution of Higher Education;
(2) the Distribution is made in the form of a
				check payable to both the designated Beneficiary and the Institution of Higher
				Education;
(3) the Distribution is
				made after the designated Beneficiary submits such evidence as the Trustee may
				require, if any, to show that the Distribution is a reimbursement for payment
				of Higher Education Costs that the designated Beneficiary has already paid;
				or
(4) the designated Beneficiary
				certifies prior to the Distribution that the Distribution will be expended for
				his or her Higher Education Costs within a reasonable time after the
				Distribution and said Beneficiary provides such evidence as the Trustee may
				require, if any, of the payment of the Higher Education Costs within 30 days of
				the Distribution. If the Beneficiary elects option (4), to the extent required
				by the Code and Act, the Participant must provide prompt substantiation of the
				payment of Higher Education Costs and the Trustee will retain an Account
				balance that is large enough to collect any Refund Penalty and other fees and
				charges that might be imposed if valid substantiation is not timely received by
				the Trustee. The Trustee may allow such other Distribution methods as may be
				allowed by the Code from time to time.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-009 - Investment Policy

Current through June 17, 2024
009.1
Investment Policy
Contributions to an
				Account will be invested by the State Investment Officer pursuant to policies
				established by the Nebraska Investment Council.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-010 - Administrative Fees and Reporting

Current through June 17, 2024
010.1
Transfers to Administrative Fund
To the
				extent allowed by law, earnings of the Trust may be utilized by the Trustee to
				pay the actual and reasonable costs of administering, operating, and
				maintaining the Trust. The assets of the Trust shall not be transferred or used
				by the State of Nebraska for purposes other than the purposes of the
				Trust.
010.2
Quarterly Statement
At the close of each
				calendar quarter, the Trustee shall provide each Participant a statement
				listing the beginning balance, Contributions, withdrawals, and closing balance
				of the Participant's Account.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-011 - Endowment Fund

Current through June 17, 2024
011.1
Earmarking of Endowment Fund
Each
				Beneficiary under a Participation Agreement shall receive a pro rata interest
				in the Endowment Fund as computed in accordance with the terms of the Act each
				year after any transfers to the Administrative Fund have been made.
011.2
Non-vesting of
				Endowment Funds
No rights to any money derived from the
				Endowment Fund shall exist if money payable under the Participation Agreement
				is paid to an Institution of Higher Education which is not a Nebraska
				Institution of Higher Education.
011.3
Distributions to be
				used at a Nebraska Institution of Higher Education
When
				Distributions for the Beneficiary begin, the Beneficiary's pro rata share of
				the Endowment Fund shall be available for Distribution provided the
				Beneficiary's Higher Education Costs are incurred at a Nebraska Institution of
				Higher Education.
011.4
Disclosure of Non-Vesting
Each
				Participation Agreement shall disclose to the Participant that all funds in the
				Endowment Fund are nonvested and shall remain property of the Trust until
				disbursed pursuant to Section 008.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-012 - No Pledging of Trust Funds as Security

Current through June 17, 2024
012.1
No Pledging
Under no circumstances may
				any interest in an Account or the Trust be used as security for a
				loan.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Section 429-1-013 - Code Compliance & Interpretations

Current through June 17, 2024
013.1
Code Requirements
Notwithstanding
				anything in these Rules and Regulations to the contrary, the Program and the
				Trust shall at all times be administered in full compliance with the Code and
				Act. To the extent necessary to maintain compliance with the Code and Act, the
				Trustee shall interpret these Rules and Regulations in a manner that insures
				compliance with the Code and Act. Any part of these Rules and Regulations that
				is deemed to conflict with the Code or the Act shall be of no effect. The
				Trustee shall exercise all powers necessary to carry out and effectuate the
				purposes, objectives, and provisions of the Act pertaining to the
				administration, operation, and maintenance of the Trust and Program.
013.2
Incorporation by
				Reference
The applicable provisions of the Code, including
				all regulations promulgated thereunder are incorporated herein by reference as
				if fully set forth herein.
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN › Section 429-2-001 - Purpose

Current through June 17, 2024
The purposes of these Rules and Regulations are to establish
				  procedures for the operation and administration of the Long-Term Care Savings
				  Plan and define terms codified in the ACT as established by LB 965 of the
				  Ninety-Ninth Legislature and signed into law by the Governor of Nebraska on
				  April 13, 2006 to be codified at Neb.Rev.Stat. Sections
				  77-6101
				  to
				  77-6105
				  and Section
				  77-2716
				  11 (a)(b); to define terms established in the act;
Nebraska Administrative Code › Topic - TREASURER, STATE › Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST › Chapter 2 - RULES AND REGULATIONS FOR THE NEBRASKA LONG TERM CARE SAVINGS PLAN › Section 429-2-003 - Participant Eligibility and Designation

Current through June 17, 2024
Participant Eligibility and Designation
A
				  Participant may be anyone who has a valid Social Security number or U.S. tax
				  identification number. The Participant shall designate the names of the
				  Beneficiaries and provide all other documentation and certifications requested
				  by the Participating Financial Institution.
Account Agreement
Each Participant must agree to
				  be bound by an Account Agreement that specifies the terms and conditions under
				  which the Participant shall participate in the Program. To the extent allowed
				  by the Code and the Act, an Account Agreement maybe amended by the
				  Participating Financial Institution upon prior notice to the
				  Participant.