Chapter 75, PUBLIC SERVICE COMMISSION
208 sections in this chapter.
Neb. Rev. Stat. § 75-133 Regulated parties; proceeding by commission upon own motion; hearing; order.
0.8K chars
Whenever the commission has reason to believe that any motor carrier, regulated motor carrier, other common or contract carrier as described in section 75-109, competitive natural gas provider as defined in section 66-1848, or jurisdictional utility as defined in section 66-1802 …
Neb. Rev. Stat. § 75-134 Commission order; requirements; when effective; rate order under State Natural Gas Regulation Act; appeal; stay enforcement.
1.2K chars
(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission. (2) Every order of the comm…
Neb. Rev. Stat. § 75-134.01 Order; enjoin, when.
0.5K chars
Except as otherwise provided in sections 75-132.01, 75-134, 75-144, and 75-1012 and the State Natural Gas Regulation Act, the district courts shall have jurisdiction to enjoin a commission order only when the order was not entered (1) in accordance with Chapter 75 or 86 and the c…
Neb. Rev. Stat. § 75-134.02 Motion for reconsideration.
1.3K chars
(1) Except with respect to rate orders under the State Natural Gas Regulation Act entered pursuant to section 66-1838, any party may file a motion for reconsideration with the commission within ten days after the effective date of the order as determined under section 75-134. The…
Neb. Rev. Stat. § 75-135 Commission order; authentication.
0.3K chars
When certified to be a true and correct copy of the original by the executive director of the commission or a commissioner, a commission order shall be admitted in evidence in all courts and tribunals of this state, without further proof, as prima facie evidence of every fact fou…
Neb. Rev. Stat. § 75-136 Orders; right to appeal; manner and time; advancement of appeal of rate order under State Natural Gas Regulation Act.
1.1K chars
(1) Except as otherwise provided by law, if a party to any proceeding is not satisfied with the order entered by the commission, such party may appeal. (2) Any appeal filed on or after October 1, 2013, shall be taken in the same manner and time as appeals from the district court,…
Neb. Rev. Stat. § 75-139 Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.
1.7K chars
(1) Except as otherwise provided in this section, the effective date of a rate order that is appealed shall be the first Monday following the date of the appellate court's mandate if the order is affirmed, except that (a) a shipper may make effective a rate order reducing a fixed…
Neb. Rev. Stat. § 75-139.01 Person, defined.
0.4K chars
For purposes of sections 75-101 to 75-158, person shall mean any individual, corporation, governmental agency or subdivision, partnership, limited liability company, company, or association and any other legal or commercial entity, including any common or contract carrier or juri…
Neb. Rev. Stat. § 75-140 Orders; enforcement; petition; notice.
0.4K chars
Whenever any person violates or disobeys an order issued by the commission which has been finally established, the commission or any person interested in such order may petition to the district court of Lancaster County alleging violation or disobedience thereof. The court may de…
Neb. Rev. Stat. § 75-141 Order; proceeding to enforce; duty of Attorney General.
0.4K chars
Whenever any petition authorized by section 75-140 is filed or is prosecuted by the commission or by its direction, the Attorney General shall prosecute the petition at the request of the commission, and the costs and expenses on the part of the commission of any such prosecution…
Neb. Rev. Stat. § 75-142 Order; enforcement; procedure.
0.4K chars
The court shall proceed to determine the matter speedily as a court of equity and without the formal pleadings and proceedings applicable to ordinary suits in equity but in such manner as to do justice in the premises. To this end, the court may direct and prosecute, in such mann…
Neb. Rev. Stat. § 75-143 Order; appeal; effect; attorney's fees.
0.5K chars
The commission and any person interested in the court's decision may appeal to the Court of Appeals under the rules provided by law as to security for an appeal to the Court of Appeals, except that in no case shall security for an appeal be required when the appeal is taken by th…
Neb. Rev. Stat. § 75-144 Order; violation; injunction; penalty.
1.2K chars
(1) If it appears to the court after a hearing that an order of the commission has been violated or disobeyed, the court may issue an injunction or other proper process, mandatory or otherwise, to restrain the person from further continuing such violation or disobedience of the o…
Neb. Rev. Stat. § 75-146 Common carrier other than a railroad; consolidation or increase in stock; jurisdiction of commission.
0.5K chars
The capital stock of any common carrier other than a railroad shall not be increased for any purpose except after public notice for sixty days. No common carrier other than a railroad shall consolidate its stock, property, franchise, or earnings, in whole or in part, with any oth…
Neb. Rev. Stat. § 75-149 Consolidation; securities; issuance; limitation.
0.5K chars
The capital stock of a corporation formed by the merger or consolidation of two or more other corporations, shall not exceed the sum of the capital stock of the corporations so merged or consolidated at par value thereof, or such sum and any additional sum actually paid in cash; …
Neb. Rev. Stat. § 75-150 Securities; issuance; fees; expenses.
1.2K chars
No order authorizing the issuance of securities shall become operative until the applicant pays to the commission fees as follows: Upon applications totaling not more than twenty-five thousand dollars, the fee shall be twenty-five dollars; and upon applications totaling more than…
Neb. Rev. Stat. § 75-151 Securities; violation; penalty.
1.1K chars
Any common carrier which violates any of the provisions of sections 75-146 to 75-150 or which fails, omits, or neglects to obey, observe, or comply with any order, direction, or requirement of the commission under the provisions of such sections shall forfeit to the State of Nebr…
Neb. Rev. Stat. § 75-152 Common carriers; consignor; designation of means and routing of shipment.
0.3K chars
When transportation is involved in connection with the sale of personal property and the price at which such personal property is sold is a delivered price at destination, the consignor may determine the means of transportation to be used and the routing of the shipment.
Neb. Rev. Stat. § 75-153 Common carriers; consignee; designation of means and routing of shipment; exception.
0.5K chars
Where transportation is involved in the sale of personal property and the price at which such property is sold is determined f.o.b. shipping point, the consignee may determine the means of transportation to be used and the routing of the shipment, except that if the consignor has…
Neb. Rev. Stat. § 75-154 Common carriers; consignor; violation of shipping instructions; damages.
0.4K chars
If, under section 75-153, a consignor of personal property violates written shipping instructions given by the consignee to the consignor a reasonable time prior to the making of the shipment, the consignor shall be liable for actual damages to the consignee or any public carrier…
Neb. Rev. Stat. § 75-155 Violations; general penalty.
0.3K chars
Unless a more specific criminal penalty is provided, any person who knowingly and willfully violates Chapter 75 or 86, any rule, regulation, or order of the commission, or any term or condition of any permit or certificate issued by the commission is guilty of a Class IV misdemea…
Neb. Rev. Stat. § 75-156 Civil penalty; procedure; order; appeal.
6.8K chars
(1) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty of up to ten thousand dollars per day against any person, motor carrier, regulate…
Neb. Rev. Stat. § 75-157 Hearing; order; requirements.
0.4K chars
Any hearing held pursuant to section 75-156 shall be held pursuant to rules and regulations adopted and promulgated by the Public Service Commission. Every decision and order rendered by the commission after the hearing is held shall be in writing and accompanied by findings of f…
Neb. Rev. Stat. § 75-158 Unpaid civil penalty; how treated.
0.4K chars
A civil penalty assessed pursuant to section 75-156 and unpaid shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of Lancas…
Neb. Rev. Stat. § 75-159 Public Service Commission Housing and Recreational Vehicle Cash Fund; created; use; investment.
1.2K chars
(1) The Public Service Commission Housing and Recreational Vehicle Cash Fund is created. The fund shall consist of fees collected under the Nebraska Uniform Standards for Modular Housing Units Act and fees collected pursuant to the Uniform Standard Code for Manufactured Homes and…
Neb. Rev. Stat. § 75-160 Wireless telecommunications service; registry for complaints regarding lack of appropriate coverage; use.
0.9K chars
(1) The Public Service Commission shall establish and maintain a registry of locations within the State of Nebraska for complaints made to the commission regarding the lack of appropriate coverage for wireless telecommunications service. (2) The commission may utilize the informa…
Neb. Rev. Stat. § 75-161 Special party buses; buses providing charter services; distinguishing signs or other indicia.
0.3K chars
The Public Service Commission shall, in consultation with the Nebraska Liquor Control Commission, adopt and promulgate rules and regulations for signs or other indicia distinguishing between buses providing special party services and buses providing charter services.
Neb. Rev. Stat. § 75-201 Air carrier; exempt from commission regulation.
0.2K chars
Any person who transports passengers or property for the public in intrastate commerce by any airborne vehicle shall not be a common carrier subject to commission regulation.
Neb. Rev. Stat. § 75-3,100 Registration; suspend, revoke, cancel, or refuse to issue or renew; conditions; notice; hearing; petition.
2.4K chars
(1) The director may suspend, revoke, cancel, or refuse to issue or renew a registration pursuant to the unified carrier registration plan and agreement: (a) If the applicant or registrant has had his or her license issued under the International Fuel Tax Agreement Act revoked or…
Neb. Rev. Stat. § 75-301 Motor carriers; regulation; legislative policy.
2.2K chars
(1) It is the policy of the Legislature to comply with the laws of the United States, to promote uniformity of regulation, to prevent motor vehicle accidents, deaths, and injuries, to protect the public safety, to reduce redundant regulation, to promote financial responsibility o…
Neb. Rev. Stat. § 75-302 Terms, defined.
8.8K chars
For purposes of sections 75-301 to 75-343 and in all rules and regulations adopted and promulgated by the commission pursuant to such sections, unless the context otherwise requires: (1) Attended services means an attendant or caregiver accompanying a minor or a person who has a …
Neb. Rev. Stat. § 75-303 Motor carriers; scope of law.
4.5K chars
Sections 75-301 to 75-322 shall apply to transportation by a motor carrier or the transportation of passengers and, until July 1, 2021, household goods, by a regulated motor carrier for hire in intrastate commerce except for the following: (1) A motor carrier for hire in the tran…
Neb. Rev. Stat. § 75-303.01 Nonemergency medical transportation for medicaid clients; contracts authorized.
1.1K chars
(1) The Department of Health and Human Services, a medicaid-managed care organization under contract with the department, or another agent working on the department's behalf may contract for nonemergency medical transportation for medicaid clients with a motor carrier or regulate…
Neb. Rev. Stat. § 75-303.02 Contracts for transportation; requirements.
1.4K chars
(1) The Department of Health and Human Services or any agency organized under the Nebraska Community Aging Services Act may contract for the transportation of clients with a contractor which does not hold a certificate or which is not otherwise exempt under section 75-303 only if…
Neb. Rev. Stat. § 75-303.03 Reimbursement for transportation costs; conditions; exemption from commission regulation or commission rate regulation.
2.7K chars
(1) The commission, in consultation with the Department of Health and Human Services, shall adopt and promulgate rules and regulations governing minimum liability insurance requirements, equipment standards, driver qualification requirements, and the issuance and filing of notice…
Neb. Rev. Stat. § 75-304 Classification of carriers; rules and regulations; contract carriers; insurance; applicability of rules and regulations.
1.5K chars
(1) The commission may establish such just and reasonable classifications of groups of carriers, included in the terms common carrier and contract carrier, as the special nature of the services performed by such carriers require and adopt and promulgate such just and reasonable r…
Neb. Rev. Stat. § 75-304.01 Rates, fares, and charges; commission prescribe; when.
0.9K chars
The commission shall prescribe minimum rates, fares, and charges for contract carriers. No reduction shall be made in any such charge, either directly or by means of any change in any rule, regulation, or practice affecting such charge or the value of service thereunder, except a…
Neb. Rev. Stat. § 75-304.03 Mover of household goods; license; application; fee; issuance; conditions; renewal; fee; failure to comply; effect; commission; authority.
1.5K chars
(1) Beginning July 1, 2021, any mover of household goods operating in this state and engaged in the intrastate transportation for hire of household goods shall apply to the commission for a license prior to transporting household goods in intrastate commerce. A license shall be i…
Neb. Rev. Stat. § 75-304.04 Transportation of railroad carrier employees; license; application; fee; issuance; conditions; renewal; fee; failure to comply; effect; commission; authority.
1.6K chars
(1) Any motor carrier operating in this state engaged in the intrastate transportation for hire of employees of a railroad carrier engaged in interstate commerce to or from their work locations shall apply to the commission for a license prior to transporting such employees in in…
Neb. Rev. Stat. § 75-305 Fees; amount; when due; disposition.
2.2K chars
(1) Every regulated motor carrier subject to sections 75-301 to 75-322 other than transportation network companies shall pay an annual fee not exceeding the sum of eighty dollars for each motor vehicle operated, which fee shall be fixed by the commission and shall not exceed the …
Neb. Rev. Stat. § 75-306 Receipt for fees; license plates and renewal tabs.
0.8K chars
Receipt for the payment of annual fees shall be issued by the commission. The commission shall issue sufficient license plates and renewal tabs to any regulated motor carrier who is in compliance with sections 75-301 to 75-322 and the rules and regulations of the commission, exce…
Neb. Rev. Stat. § 75-307 Insurance and bond requirements; subrogation; applicability of section; effect on certificate, permit, or license.
4.2K chars
(1)(a) The following motor carriers and regulated motor carriers shall comply with the rules and regulations described in subdivision (b) of this subsection: (i) Common and contract carriers; (ii) Any motor carrier transporting household goods under a license issued pursuant to s…
Neb. Rev. Stat. § 75-308 Tariff; publication; unlawful practices.
0.7K chars
It is unlawful for a regulated motor carrier to engage in the transportation of passengers or, until July 1, 2021, household goods, in intrastate commerce unless the motor carrier has filed, published, and kept open for inspection its tariff schedule as provided in section 75-124…
Neb. Rev. Stat. § 75-308.01 Operational conditions; meetings of motor carriers authorized; purposes; joint-line arrangements authorized; joint rates; how treated.
1.6K chars
(1) Any two or more motor carriers authorized to operate under a common tariff approved by the commission under section 75-118 or 75-304.01 shall be permitted to meet and review operational conditions of affected motor carriers for the following purposes: (a) To study the ratio o…
Neb. Rev. Stat. § 75-309 Certificate of public convenience and necessity or permit; required; exception.
0.6K chars
Except for operations pursuant to a contract authorized by sections 75-303.02 and 75-303.03, it shall be unlawful for any common or contract carrier by motor vehicle subject to the provisions of sections 75-101 to 75-155 and 75-301 to 75-322 to engage in any intrastate operations…
Neb. Rev. Stat. § 75-309.01 Transportation of passengers for hire; operation without certificate; nuisance; penalty.
1.0K chars
Each motor vehicle owned, used, or attempted to be used by any person as a common or contract carrier to transport passengers for hire in violation of section 75-309 is declared to be a public nuisance and subject to seizure and confiscation by any person charged with the enforce…
Neb. Rev. Stat. § 75-310 Application for certificate or permit; petition for relief; requirements.
0.7K chars
Except for applications to operate a transportation network company, applications for certificates or permits and petitions for relief shall be made to the commission in writing and shall be in such form and contain such information as the commission shall by rule require. A summ…
Neb. Rev. Stat. § 75-311 Certificates; permits; designation of authority or license; issuance; procedure.
8.0K chars
(1)(a) A certificate shall be issued to any qualified applicant authorizing the whole or any part of the operations covered by the application if it is found after notice and hearing that (i) the applicant is fit, willing, and able properly to perform the service proposed and to …
Neb. Rev. Stat. § 75-313 Certificate; permit; terms.
1.4K chars
(1) Except as provided in subsection (2) of this section, each certificate shall specify the service to be rendered, the routes, the fixed termini, if any, and the intermediate and off-route points, if any, and in case of operations not over specified routes or between fixed term…
Neb. Rev. Stat. § 75-314 Deviation from route; special or charter parties.
0.5K chars
A common carrier by motor vehicle operating under any certificate issued under section 75-311 may occasionally deviate from the route over which or the fixed termini between which it is authorized to operate under the certificate under such general or special rules and regulation…