Nebraska Administrative Code

TITLE 434 - ELECTRONIC FILING OF BUSINESS ENTITY DOCUMENTS Chapter 3 - Filing Requirements 01 All statutory filing requirements shall apply to electronically filed documents except that the electronic filing of a document from which printed copies can be made shall be deemed comp…

TITLE 434 - ELECTRONIC FILING OF BUSINESS ENTITY DOCUMENTS Chapter 4 - Time of Filing 01 All documents electronically received by the Secretary of State shall be processed in the normal and customary fashion. The filing date and time of the document will be so indicated on the fi…

TITLE 434 - ELECTRONIC FILING OF BUSINESS ENTITY DOCUMENTS Chapter 5 - Transmission Problems 01 Any errors in the transmission of a document through the Electronic Filing System authorized service provider shall be reported to the filer in a timely manner. 02 The Secretary of Sta…

TITLE 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE Chapter 1 - General Provisions 100 Definitions. Terms used in these filing-office rules that are defined in the UCC and not otherwise defined in this Chapter, will have the respective meanings accorded such te…

TITLE 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE Chapter 2 - Acceptance and Refusal of Records 200 Role of Filing office. Unless otherwise expressly provided for by statute, the duties and responsibilities of the Filing office with respect to the administrat…

TITLE 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE Chapter 3 - UCC Information Management System 300 General. The Filing office uses the UCC information management system to store, index, and retrieve information relating to financing statements. The UCC infor…

TITLE 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE Chapter 4 - Filing and Data Entry Procedures 400 Errors of the Filing office. The Filing office may correct the data entry and indexing errors of Filing office personnel in the UCC information management syste…

TITLE 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE Chapter 5 - Search Requests and Reports 500 General requirements. The Filing office maintains records for public inspection in a searchable index within the UCC information management system. Records will be r…

TITLE 436 - ADMINISTRATIVE RULES FOR ARTICLE 9 UNIFORM COMMERCIAL CODE Chapter 6 - Other Notices of Liens 600 The purpose of rules in this section is to describe records of liens maintained by the Filing office created pursuant to statutes other than the UCC that are treated by t…

Title 437 - DIGITAL SIGNATURES ACT Chapter 1 - DEFINITIONS 001 For purposes of this title, and unless the context expressly indicates otherwise: 001.01 "Digitally-signed communication" is a message that has been processed by a computer in such a manner that ties the message to th…

Title 437 - DIGITAL SIGNATURES ACT Chapter 2 - DIGITAL SIGNATURES MUST BE CREATED BY ACCEPTABLE TECHNOLOGY AND PRACTICES 001 For a digital signature to be valid for use under the Nebraska Digital Signatures Act and NAC Title 437, it must be created by technologies and practices t…

Title 437 - DIGITAL SIGNATURES ACT Chapter 3 - CRITERIA TO DETERMINE IF DIGITAL SIGNATURE TECHNOLOGY AND PRACTICES ARE ACCEPTABLE FOR USE UNDER THE DIGITAL SIGNATURES ACT 001 Acceptable technology and practices must be capable of creating signatures that conform to requirements s…

Title 437 - DIGITAL SIGNATURES ACT Chapter 4 - ACCEPTABLE TECHNOLOGIES AND PRACTICES 001 The technology known as Public Key Cryptography is an acceptable technology for use in Nebraska, provided that the digital signature is created consistent with the provisions in NAC, Title 43…

Title 437 - DIGITAL SIGNATURES ACT Chapter 5 - PROVISIONS FOR ADDING NEW TECHNOLOGIES AND PRACTICES 001 Provisions for Adding New Technologies and Practices to the List of Acceptable Technologies and Practices 001.01 Any person may, by providing a written request that includes a …

Title 437 - DIGITAL SIGNATURES ACT Chapter 6 - ELECTRONIC FILING 001 In any communication in which a signature or writing is required or used a state agency or political subdivision may accept a digital signature which meets the requirements of chapters 2-5 of these regulations o…

Title 437 - DIGITAL SIGNATURES ACT Chapter 7 - ELECTRONIC SIGNATURES 001 In order to be used for electronic filing under Chapters 6-8 of these regulations, an electronic signature must meet and follow the requirements contained in these regulations and the Digital Signatures Act.…

Title 437 - DIGITAL SIGNATURES ACT Chapter 8 - SECURITY PROVISIONS 001 Electronic filing using electronic signatures pursuant to the Digital Signatures Act and these regulations must, at a minimum, follow the following procedures. 001.01 The state agency or political subdivision …

Title 437 - DIGITAL SIGNATURES ACT Chapter 9 - SEVERABILITY 001 The federal preemption or any other legal impediment to the validity of Chapters 2-5 of these regulations shall not effect the validity of Chapters 6-8 of these regulations, and the two groups of chapters as defined …

Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS CHAPTER 1 - DEFINITIONS 01 Central Filing System means the system defined in Neb. Rev. Stat. §52-1304 (R.R.S. 2010) for filing Effective Financing Statements 02 Effective Financing Statement(s) means a stateme…

Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS CHAPTER 2 – TIME OF EFFECTIVENESS OF EFFECTIVE FINANCING STATEMENT AND RELATED DOCUMENTS 01 An Effective Financing Statement, and amendment, continuation, or termination thereof, is not a part of the Master Li…

Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS CHAPTER 3 - DATE AFTER WHICH AN EFFECTIVE FINANCING STATEMENT FILING WILL NOT APPEAR ON MONTHLY LISTINGS 01 In order for the information contained in an Effective Financing Statement or an amendment or continu…

Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS CHAPTER 4 - DATE FOR MONTHLY PUBLICATION OF LISTS RELATING TO EFFECTIVE FINANCING STATEMENTS 01 The Master Lien List will be published on a monthly basis on the Filing Office’s website by the Fifth working day…

Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS CHAPTER 5 - DATES OF WHICH BUYERS MUST REGISTER 01 Registration will be on an annual basis. The fee for annual registration will be thirty dollars. In addition to the annual registration fee, the fee for recei…

Title 438 - CENTRAL FILING INFORMATION REGARDING AGRICULTURAL PRODUCTS CHAPTER 6 - EFFECTIVE DATE OF REGISTRATIONS 01 A registration will be effective the date that the first Master Lien List for which the registration is effective is received. Date of receipt is the first date u…

Title 439 - NEBRASKA TRADEMARK REGULATIONS Chapter 1 - Classification of Marks 001 The Secretary shall classify trademarks and service marks, to the extent practicable, to conform to the classification system adopted by the United States Patent and Trademark Office, and shall upd…

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 1 - Definitions 001 "Act" shall mean Neb. Rev. Stat. §§42-1201 through 42-1210. 002 "Address Confidentiality Program" shall mean the statutorily created program responsible for implementing the provisions of Neb. Rev. St…

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 10 - Maintaining Protected Records Voter Information 001 The County Clerk or Election Commissioner shall notify the Secretary when an Address Confidentiality participant requests protected record status. 002 All records …

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 2 - Application and Certification Process 001 Any person who meets the criteria to be a program participant under Neb. Rev. Stat. §42-1204, and wishes to apply to the Address Confidentiality Program shall obtain an appli…

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 3 - Responsibility of State and Local Agencies and Governmental Entities 001 When a participant shows her or his authorization card to a state or local agency or governmental official when creating a new record and reque…

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 4 - Certification Expiration and Renewal 001 The Secretary of State's Office shall notify participants 90 days before the expiration of the participant's certification. 002 A program participant may, within 60 days of th…

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 5 - Certification Withdrawal, Invalidation, and Termination 001 A program participant may withdraw from program participation by submitting to the Address Confidentiality Program written notification of withdrawal and he…

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 6 - Information Release to Law Enforcement Agency 001 A request from a law enforcement agency for release of records in a program participant's file shall be made to the Address Confidentiality Program in writing, and sh…

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 7 - Information Release to Non-Law Enforcement 001 The Secretary of State may only disclose information from a participant's file pursuant to a court order which specifically orders the disclosure of a particular program…

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 8 - Agency Use of Designated Address and Agency Exemption Request 001 An agency requesting an exemption under Neb. Rev. Stat. § 42-1206, must provide in writing to the Secretary, identification of the statute, tax situs …

Title 440 - ADDRESS CONFIDENTIALITY ACT REGULATIONS Chapter 9 - Service of Process 001 Service of Process for program participants shall be made on the Office of the Secretary of State, Address Confidentiality Program by mailing two copies of the service of process documents to t…

Title 442 - Tax Equalization and Review Commission CHAPTER 1 - ENABLING AUTHORITY 001 General Provisions. 001.01 Constitutional Authority. The Tax Equalization and Review Commission has the power to review and equalize assessments of property for taxation within the state and has…

TITLE 442 - Tax Equalization and Review Commission CHAPTER 10 - INVALIDATION OR SUSPENSION OF ASSESSORS CERTIFICATE 001 Authority. The Commission has the power to invalidate or suspend the certificate issued pursuant to section 77-422 of any county assessor or deputy assessor who…

TITLE 442 - Tax Equalization and Review Commission CHAPTER 12 - DISCOVERY RULES EXPLANATORY STATEMENT The discovery rules which follow are based on the Discovery Rules for All Civil Cases promulgated by the Nebraska Supreme Court. Following the title of each section below the num…

Title 442 - Tax Equalization and Review Commission CHAPTER 2 - DEFINITIONS 001 Definitions. The following definitions apply whenever the defined terms are used in the Rules and Regulations of the Commission unless the context of a term’s use requires a different definition. 001.0…

Title 442 - Tax Equalization and Review Commission CHAPTER 3 - AUTHORITY AND DUTIES 001 Limitation of Authority. The Commission’s authority to act is limited by statute as follows: 001.01 The Commission has no authority to affect lawful levies. County boards, city councils, schoo…

Title 442 - Tax Equalization and Review Commission CHAPTER 4 - GENERAL RULES OF PRACTICE 001 Pleadings. 001.01 Oath or Affirmation on all Appeals or Petitions. Each appeal or petition filed with the Commission shall be deemed to include an oath, affirmation, or statement to the e…

Title 442 - Tax Equalization and Review Commission CHAPTER 5 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS 001 Commencement of the Appeal or Petition Process. 001.01 Appeal Form Required. For all appeals, a signed appeal form with a copy of the decision, order, determination, or…

Title 442 - Tax Equalization and Review Commission CHAPTER 6 - APPEALS FROM THE COMMISSION 001 Appeals. Appeals from Final Decisions of the Commission are governed by statute and the rules of the reviewing courts. The statutory provisions governing appeals from final decisions of…

TITLE 442 - TAX EQUALIZATION AND REVIEW COMMISSION CHAPTER 8 - PETITION FOR RULEMAKING EXPLANATORY STATEMENT Pursuant to Neb. Rev. Stat. §84-909.01 the Attorney General shall promulgate model rules of procedure appropriate for use by as many agencies as possible. For rules of pro…

TITLE 442 - Tax Equalization and Review Commission CHAPTER 9 - EQUALIZATION DUTIES 001 Authority. 001.01 The Commission has the power to review and equalize assessments of property for taxation within the state, and shall have such other powers and perform such other duties as th…