Nebraska State Register

Amend 92 NAC 8 (Community Achievement Plan Approval)

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 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.

Amend 316 NAC 35 Charitable Gaming Regulations - Bingo

Amend - Title 294 NAC 1-25

Amend - Title 405 NAC 2 - Nursing Facility Quality Assurance Assessment Act

Amend - Title 175 NAC 9 - Hospitals

Amend 291 Ch. 8 Grain Warehouse and Grain Dealer Rules and Regulations. Definitions 001.01T Receipt, 001.01U Receipt (collateral), and 001.01V Receipt (electronic) were re-incorporated into the proposed rule, thereby striking the proposed change and reverting back to the original. Due to the above reversion to the original rules, the definitions which followed were re-numbered accordingly. A correction was made to the Section 002.12A3 to change it to 002.12A2

Amend Title 110 NAC Board of Engineers and Architects. See Explanatory Statement PDF

Amend - Title 177 NAC 7 - Analyses For The Determination of the Drug Content In Urine While Driving Under The Influence of Drugs

AMEND 298 NAC 1-4; 6-8 - Requirements and Processes for Real Property Appraiser Credentialing, Renewal, and Education Activities; AMC Registration and Renewal; and Investigations. The following changes are made to Title 298: CHAPTER 1 - GENERAL PROVISIONS • 001.07 - “Course does not include an activity offered in a conference setting” is added to clarify that a conference is not the same as a course for a continuing education activity. This change allows the Board more flexibility when a conference is submitted for approval as a continuing education activity. • 001.11 – The definition of secondary provider is moved from 001.10 to 001.11 to maintain alphabetical order for definitions. • 013 – The language under this section is amended to state, “As applicable, the Board shall apply the Occupational Board Reform Act, NEB. REV. STAT. § 84-934 et. seq., when administering and enforcing this Title.” All language pertaining to the procedures for administration of the preliminary criminal history review are removed as the preliminary criminal history review requirements do not apply to the Board. CHAPTER 2 - REAL PROPERTY APPRAISER CREDENTIAL • 001.01A; 001.02A; 001.03A; 001.04A – The qualifying education requirements for the trainee, licensed residential, certified residential, and certified general classifications are amended to include eight hours of valuation bias and fair housing laws and regulations after December 31, 2025. Eight hours of appraisal subject matter electives is removed for the certified residential and certified general classifications. These changes implement 2026 Criteria as authorized in LB992. • 001.03D.2; 001.03E.2; 001.04B.2; 001.04C.2 – The qualifying education requirements for upgrading to the certified residential, and certified general classifications are amended to account for the eight hours of valuation bias and fair housing laws and regulations required for each classification after December 31, 2025. Eight hours of appraisal subject matter electives is removed for upgrade to the certified residential and certified general classifications when applicable. These changes are to implement 2026 Criteria as authorized in LB992. • 001.02B; 001.04B; 001.04C; 001.04D – Non-substantial changes are made to the language in the upgrade requirements of the licensed residential real property appraiser and certified general real property appraiser to provide for better clarification and consistent language structure between all classifications. • 002.01; 002.02; 002.04 – Language is added to clarify that a person who obtains real property appraisal practice experience through participation in a PAREA program is not required to be a credential holder in Nebraska; the requirements for experience obtained in another jurisdiction do not apply to a person who obtains real property appraisal practice experience through participation in a PAREA program; and the signature and attribution requirements do not apply to a person who obtains real property appraisal practice experience through participation in a PAREA program. • 002.03; 002.09; 002.09A; 002.12A.2 – Language is added to clarify that real property appraisal practice experience obtained through the completion of a PAREA program is subject to the Board’s review and determination of acceptability. • 002.02 - The real property appraisal practice experience required for credentialing as a licensed residential, certified residential, or certified general real property appraiser that may be obtained in another jurisdiction is increased from 50% to 100%. In addition, “Section 002 of this Chapter and” is added to clarify that the real property appraisal practice experience must meet the requirements of Title 298 in addition to the laws of the jurisdiction in which it was obtained. • 002.06 - There need not be a client in a traditional sense (i.e., a client hiring a real property appraiser for a business purpose) in order for an assignment results report t

Chapter 5 Revisions. The changes clarify an ambiguity/issue related to the registration of experimental tap handles.

Chapter 6. The substantive changes have been proposed due to different reasons. The change to the Disturbance rule is required due to an interpretation by the Nebraska Supreme Court. The change to the common carrier rule is based on the changing marketplace and the expansion of the Direct Shippers of alcohol to final use consumers. The change to the Quantity Discounts is based on a request for clarification from the Nebraska Liquor Wholesalers and a clarification of the existing rules as it applies to “things of value”.

Amend Title 171 NAC Chapter 1. The Board is raising fees for several applications and renewals, removing Rule 1.4.2 related to the validity of the initial license period and renewal fee, and revising Rule 1.4.7 to remove the reference to exam seat reservation fees no longer collected by the Board. Revisions are being made to Rule 1.7 to allow for alternative methods of notifying the Board of a contact or name change.

Amend 92 NAC 24 (Certificate Endorsements). Chapter 24 is adopted pursuant to Neb. Rev. Stat. §§ 79-318, 79-805 through 79-815, and 79-1505 and changes made by the Legislature in section 69 of LB 1329 enacted in 2024. The purpose of the proposed revisions to Rule 24 is to address the educator shortage by removing barriers, ensure alternative pathways, align regulations with recent statutory changes, and general maintenance. The current version of Rule 24 was last updated June 2, 2024. Changes contained in the draft rule revision include: 1. Eliminate the identification of a singular company to be utilized for a content examination; 2. Eliminate the requirement of a content test to qualify for an endorsement; 3. Provide for additional pathways to earn additional endorsements as outlined in Neb. Rev. Stat. 79-810; 4. Eliminate requirement for additional student teaching requirements for applicants adding an endorsement; 5. Provide educator preparation programs the ability to reduce the total required credit hours for any teaching endorsement by up to fifty (50) percent based on demonstrated competency in the endorsement area; 6. Eliminate redundancy of the two years of teaching experience requirement as 92NAC21 requires two years of teaching experience to qualify for an administrative certificate; 7. Add Computer Science endorsement; 8. Clarify semester hour requirements for Special Education Generalist endorsement to reflect endorsement hours needed in special education content; 9. Adjust regulations allowing for undergraduate semester hours to be accepted toward a Special Education Early Childhood endorsement; 10. Adjust semester hour requirements for the Special Education Early Intervention Specialist endorsement; and 11. Add designated endorsements section to comply with Neb. Rev. Stat. 79-810.

Amend 92 NAC 21 (Educator Certification). Chapter 21 is adopted pursuant to Neb. Rev. Stat. §§ 79-318, 79-807 through 79-816.01, and 79-8,145 through 79-8,145.01 and changes made by the Legislature in section 4 through 6, of LB 298 enacted in 2023, section 87 and 88 of LB 705 enacted in 2023, and section 69 through 71 of LB 1329 enacted in 2024. The purpose of the proposed revisions to Rule 21 is to address the educator shortage by removing barriers, ensuring alternative pathways, retaining quality, simplifying the educator certification regulations, and aligning regulations with recent statutory changes. The current version of Rule 21 was last updated February 18, 2024. Changes contained in the draft rule revision include: 1. Section 002.08, 002.13, and 002.30, add definitions to operationalize Neb. Rev. Stat. 1505, Interstate Teacher Mobility Compact; 2. Section 003.01, elimination of transcripts from Nebraska standard institutions of higher education when a certification officer provides a recommendation to the Department for the purpose of certification; 3. Section 004.06 and 004.07, provides for equivalent professional development to be considered toward renewal requirements of administrative certificates while also simplifying the renewal requirements, making no distinction to the length of time the certificate has expired; 4. Section 005.04, 005.09, and the elimination of 005.10, provides for equivalent professional development to be considered toward renewal requirements of regular teaching certificates while also simplifying the renewal requirements, making no distinction to the length of time the certificate has expired; 5. 005.10 through 005.12, simplifies the alternative program teaching permit from seven pathways to one inclusive pathway; 6. Section 005.13 through 005.15, operationalizes the alternative teaching certificate as identified in Neb. Rev. Stat. 79-8,145.01; 7. Section 005.26, aligns the credit hour requirement for local substitute permit holders to an equivalent level required for a temporary certificate as outlined in Neb. Rev. Stat. 79-8,145; 8. Section 005.28 through 005.30, creates a Paraprofessional Substitute Teaching Permit allowing paraprofessionals who hold this permit the ability to substitute teach with a limited scope of practice; 9. 005.26 through 005.30, eliminates the Nebraska Entry Teaching Permit as the permit type does not provide any additional flexibility given the combination of revisions made to this chapter; 10. Section 006, revisions made to align temporary certificates to Neb. Rev. Stat.79-808 and

Title 179, Chapter 13, Attachment 2. The proposed rule amends the protocol for determining whether groundwater is under the direct influence of surface water.

Amend Title 288 Chapter 9 Education. Proposed rule changes are to compliment recent amendments to the Nebraska Public Accountancy Act (PAA) allowing candidates sitting for the United States Uniform CPA Examination (examination) to start the examination after obtaining 120 credit hours of approved education, including a bachelor’s degree, commencing on January 1, 2025. Utilizing recommendations from their Education Advisory Committee and an Education Task Force, the Board proposes education requirements to begin the examination at 120-credit hours of education if the candidate so chooses.

Amend - Title 172 NAC 97 - Approval of Basic Nursing Programs in Nebraska

Amend 291, Ch. 8 Grain Warehouse and Grain Dealers Rules and Regulations. The following changes are being proposed due to the passage of LB 262: 1. Change Warehouseman to Warehouse Operator 2. Update definition of Grain to add organic 3. Increase requirements surrounding a primary party background check for both Grain Warehouses and Grain Dealers 4. Increase required maximum security for both Grain Warehouses and Grain Dealers 5. Remove Commission requirement to set maximum storage rates The following changes were proposed at the discretion of the Commission: 1. In Section 001, various definitions were formatted or removed. Some definitions were unnecessary or redundant. 2. Forms and references to forms within the rules were removed. This gives the Commission flexibility to update its forms if needed. 3. 002.03F & 003.02F application deadline was added. Allows Commission to dispose of dockets that have been abandoned by the applicant. 4. 002.04C3 disallowed stock insurance deductible and the value of LLCs to appraisals. Aligns with standard industry practice. 5. 002. 05A 1 increased the formula for security calculation from $.20 per bushel to $.25. Needed updated to keep up with current industry trends regarding capacity and to account for inflation. 6. 002.05A3 increased the formula for security calculation from $.020 per bushel to $.025. Needed updated to keep up with current industry trends regarding capacity and to account for inflation. 7. 002.05D2, 002.05D3, & 003.0482 added the National Credit Union Administration as an accepted financial institution. Added in response to request from the industry. 8. 002.06C removed the requirement to submit an application to the Commission if a Warehouse holds a deductible on its insurance greater than $10,000. Removes unnecessary requirement to file an application, but still allows Commission review. 9. 002.07C was removed. Aligns with standard industry practices and current Commission practices. 10. Modernized sections to allow for electronic record keeping and filings throughout the rules. 11 . 003.03H increased net worth requirement for Grain Dealers from $10,000 to $250,000. Needed updated to keep up with current industry trends regarding grain business capacity and to account for inflation. 12. 003.04A increased formula to calculate minimum security required from 7% to 10% of grain purchases. Needed updated to keep up with current industry trends regarding grain business capacity and to account for inflation.

Adopt - Title 172 NAC 86 - Behavior Analyst

92 NAC 4 (Textbook Loans w/o nonsectarian). The purpose of the proposed revisions to Rule 4 is to set forth the procedures for the Commissioner of Education to loan textbooks to private school children in response to the changes made in Section 80 of LB705 enacted in 2023.