Nebraska State Register

Wildlife Chapter 18 October 2025

Wildlife Chapter 7 October 2025

Wildlife Chapter 5 October 2025

Wildlife Chapter 3 October 2025

Wildlife Chapter 1 October 25

Amend 230 NAC 3 PEO. The changes being proposed return PEO registration fees to amounts previously established prior to January 1, 2017. The initial registration fee reverts from $250 to $2,500. The annual renewal of registration fee reverts from $150 to $1,500. The initial limited registration fee reverts from $100 to $1,000. An increase in revenue provides funding to support work activities as a result of LB293 and removes general fund impact from that legislation. The revision to the PEO Registration Act requires PEOs offering a health benefit plan to file annual financial statements with the NDOL. Those annual statements must include information regarding the financial solvency of the health benefit plans to ensure the plans are sufficient to pay claims and associated expenses. The Department of Labor must review those annual statements to ensure the PEO health benefit plan remains solvent.

Title 164 Fisheries Regulations Chapter 6

Amend Plant Protection and Plant Pest Act Regulations. There is no change to regulatory policy. The Department is planning to use the additional funds generated by the change to cover the actual costs of the program. The amendment updates the American Standard for Nursery Stock version adopted by reference, removes unnecessary language and increases the inspection fees. Anyone paying for reinspection or export fees under the Act would pay an additional three dollars per hour and eight cents per mile and an additional ten dollars per phytosanitary certificate issued.

Amend Commercial Feed Regulations. The Department is planning to use the additional funds generated by the change to replace general funds currently being used. The fee increase is primarily needed to maintain operation of the feed program at the current level over the next few years. There has been a large increase in the costs of staffing the program particularly from the rising cost of employee benefits. For example, the Department has had a 31% increase in employee health insurance costs. The fee increase would also go toward upgrades to laboratory equipment for feed testing. Additional ongoing program needs include transportation and lodging costs which have been subject to inflation. Without the fee increase, the program would need to be downsized, and services reduced.

Title 436, Chapter 1-6. Nebraska Uniform Commercial Code 9-526 provides that the Secretary of State shall adopt and promulgate rules to implement Article 9 of the Uniform Commercial Code (UCC). UCC 9-526 requires the Secretary of State to consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization. Please note this organization is now named the International Association of Commercial Administrators (IACA).

Title 166 Chapter 20

Title 163 Chapter 5

Amend 92 NAC 86 (Public School Breakfast Program Reimbursement)

Amend 92 NAC 8 (Community Achievement Plan Approval)

Amend - Title 173 NAC 2 - Care of Clients with Tuberculosis

Amend - Title 477 NAC 19 - Modified Adjusted Gross Income (MAGI)-Based Programs

Amend - Title 471 NAC 14 - Occupational and Physical Therapy Services - Amend - Title 471 NAC 23 - Speech Pathology and Audiology Services

REVIEW AND APPROVAL OF PLANS AND FEES ASSESSED. The new regulatory language will reflect the Statutory changes and allow for the increase in fee collection for the reviews. The new maximum amount is set at $5,000 with the cost being $1.50 per $1,000 of project cost. The changes also include notice that the late fee and review for compliance with the Nebraska Accessibility Guidelines will be charged at the amounts set forth in Statute. The Agency sent out notice to several affected parties to let them know of the increase in the fee structure. As was reflected in the Public Hearing, there has been little to no opposition to this regulation update.

Amend - Title 477 NAC 12 - Third-Party Resources and Child Support Enforcement (CSE)

Amend - Title 477 NAC 29 - Heritage Health Adult Program

Amend Title 465 NAC 4 - Petitioning for Rule Making - Repeal Title 184 NAC 3 - Rules of Practice and Procedure of the Department of Health for Petitions for Promulgation, Amendment, or Repeal of Regulations

Amend 79 NAC 3 & 4 Law Enforcment Reciprocity & Certification Status

Amend - Title 471 NAC 20 - Psychiatric Services for Individuals Age 21 and Older - Amend - Title 471 NAC 32 - Children's Mental Health and Substance Use Treatment Services - Amend - Title 471 NAC 35 - Rehabilitative Psychiatric Services

Amend - Title 475 NAC 1 - General Provisions

Repeal - Title 474 NAC 1 - General Program Requirements

New Chapter 20 June 2025

Amend - Title 172 NAC 94

Amend 92 NAC 15 (English Learner Programs)

Amend 291 Ch. 15 Enhanced 911 Services Rules and Regulations. LB 362 combines the Emergency Telephone Communications Systems Act and the Enhanced Wireless 911 Services Act, into the 911 Service System Act. Unnecessary provisions were eliminated and harmonized the different definitions provisions within each Act. The bill also eliminated Enhanced Wireless 911 Advisory Board as mandated by LB 362. Additionally, these proposed regulations include the addition of a section outlining the training standards for all PSAPs and Secondary Communications centers. The changes to Chapter 15, ensures consistency with LB 362.

Amend 92 NAC 15 (English Learner Programs)

Amendments to Title 301, Chapter 1. In 2023, in response to LB892, which required a real estate agent be used when marketing an equitable interest in real property (selling the contractual interest in a pending contract, rather than conveying title, commonly referred to as wholesaling) the agency regulations were amended to accommodate the nontraditional relationship between the owner (title holder), wholesaler (contract holder) and the buyer. Language in sections 005 and 006 of the regulations was adopted to make sure disclosures were made to the title owner and the buyer about the transaction. The obvious intent was that the agent must make an agency disclosure to the property owner of what they are doing even though they are working directly with the contract holder or wholesaler. Section 006 was obviously intended to apply to the wholesaling situation, which is referenced in section 005, not section 001. So this change it to correct an improper citation as provided in the Administrative Procedures Act

Amendments To Title 299 Chapters 1 & 5 (2025). The primary substantive change in these amendments relate to requiring salesperson applicants to take specific pre-license courses that cover the basics or real estate practice. These courses, Real Estate Principles and Practices, and Nebraska Real Estate License Law, will better prepare licensees for both the real estate exam, and real estate practice. The changes are made in conjunction with LB187 (2024), which adds on additional 30 hour pre-license course to salesperson's licensing requirements. The bill also change a provision related to disclosure when being compensated by more than on party in a transaction. With the new provision the disclosure can be made in the purchase agreement rather than a separate document executed prior to the purchase agreement.

Amend 93 NAC 1-16 (Personnel Rules)

Amend 92 NAC 3 (High Ability Learners)

Repeal 92 NAC 26 (Mentor Teacher Program)

Repeal 92 NAC 25 (Excellence in Teaching Act)

Repeal 92 NAC 22 (Master Teacher Program)

Repeal 92 NAC 8 (School Finance and Budgeting)

Title 168 Shooting Ranges and Hunter Education Regulations

Title 167 Parks Regulations

Title 166 Wildlife Regulations

Title 165 Boating Regulations

Title 164 Fisheries Regulations

Title 163 Administration Regulations

Amend 92 NAC 3 (High Ability Learners)

Adopt- 209 NAC 1 - RECORDS RELATING TO THE NATURE, LOCATION, OR FUNCTION OF CYBERSECURITY. The proposed new chapter contains implementing rules and regulations for Neb. Rev. Stat. § 84-712.05(26). Section 84-712.05 lists certain records that “unless publicly disclosed in an open court, open administrative proceeding, or open meeting or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records.” Subsection (26) pertains to: “[r]ecords relating to the nature, location, or function of cybersecurity by the State of Nebraska or any of its political subdivisions or any other public entity subject to sections 84-712 to 84-712.09, including, but not limited to, devices, programs, or systems designed to protect computer, information technology, or communications systems against terrorist or other attacks.” These draft rules and regulations would create categories of records that may be considered cybersecurity related under that subsection.

Repeal 272 NAC 2 Administration of the Security, Privacy, and Dissemination of the Criminal History Information Act. The proposed change is a repeal of Title 272 chapter 2 in its entirety.