Chapter 85, STATE UNIVERSITY, STATE COLLEGES, AND POSTSECONDARY EDUCATION
592 sections in this chapter.
Neb. Rev. Stat. § 85-1617 Private postsecondary career school; accreditation; application.
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Any private postsecondary career school offering instruction in the State of Nebraska shall, within five years of its initial authorization to operate, apply to the department for the accreditation of such school. No private postsecondary career school shall be accredited unless …
Neb. Rev. Stat. § 85-1618 Department; accredit private postsecondary career school; when.
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The department may accredit a private postsecondary career school when the school has met the minimum standards specified in the rules and regulations of the department.
Neb. Rev. Stat. § 85-1619 Commissioner; certificate of accreditation; issuance; period valid; reaccreditation; application; list of schools.
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The commissioner, upon determining that a private postsecondary career school has complied with all the requirements of the Private Postsecondary Career School Act and the rules and regulations of the department, shall issue a certificate of accreditation to the school. Unless di…
Neb. Rev. Stat. § 85-162 Nebraska Forest Service; legislative intent.
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It is the intent of the Legislature to appropriate to the Board of Regents of the University of Nebraska from the General Fund the money necessary to fund the core programs and services of the Nebraska Forest Service. Such appropriations shall be for the sole purpose of carrying …
Neb. Rev. Stat. § 85-162.01 State Forester; appointment; duties.
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There is hereby created within the University of Nebraska the office of State Forester. The State Forester shall be appointed by the Board of Regents of the University of Nebraska, shall be responsible, subject to the direction of the Board of Regents, for all forestry education …
Neb. Rev. Stat. § 85-162.02 State Forester; powers.
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Subject to the general direction of the Board of Regents, the State Forester shall (1) administer tree distribution programs, (2) develop and implement plans for the prevention and suppression of forest, brush and grassland fires on both public and private lands, (3) develop and …
Neb. Rev. Stat. § 85-162.03 State Forester; cooperate with other agencies.
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In carrying out sections 85-162.01 to 85-162.05, the State Forester shall cooperate with (1) any agency or bureau of the United States, including, but not limited to, the Forest Service, the Natural Resources Conservation Service, the Farm Service Agency, the Bureau of Reclamatio…
Neb. Rev. Stat. § 85-162.04 State Forester; personnel; employment.
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In carrying out sections 85-162.01 to 85-162.05, the Board of Regents may employ such personnel to work under the State Forester as it shall deem necessary or advisable.
Neb. Rev. Stat. § 85-162.05 Board of Regents; State Forester; duties.
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The Board of Regents of the University of Nebraska, with the advice of the State Forester, shall (1) prescribe and implement procedures relating to the implementation and administration of sections 85-162.01 to 85-162.05 and (2) enter into any arrangements and activities it may d…
Neb. Rev. Stat. § 85-1620 School; authority to award associate degrees; commissioner; authorize.
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A school which has been accredited pursuant to section 85-1619 may apply to the department for authority to award associate degrees. Upon determining that the quality of the courses of instruction at the applicant school meets the standards established in the department's rules a…
Neb. Rev. Stat. § 85-1621 School; withdrawal of accreditation or authorization; when; hearing; notice.
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Any private postsecondary career school which has been accredited or authorized to award associate degrees and which ceases to meet any of the requirements for accreditation or the awarding of associate degrees shall be notified in writing of the specifics by certified mail and s…
Neb. Rev. Stat. § 85-1622 Agent's permit; application; procedure.
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An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only private postsecondary career schools which meet the minimum standards established pursuant to sections 85-1606 and 85-1608. Each person desiring to perform the serv…
Neb. Rev. Stat. § 85-1623 Agent's permit; commissioner; grant or deny.
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Following review of an application for an agent's permit and any further information submitted by the applicant or required by the department and following such investigation of the applicant as the department may deem necessary or appropriate, the commissioner shall either grant…
Neb. Rev. Stat. § 85-1624 Agent's permit; form; contents.
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The agent's permit shall be in a form approved by the department and shall state in a clear and conspicuous manner at least the following information: (1) The date of issuance, effective date, and term; (2) The correct name and address of the agent; and (3) The school which such …
Neb. Rev. Stat. § 85-1625 Agent's permit; renewal; application.
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At least thirty days prior to the expiration of an agent's permit, the agent shall complete and file with the department an application form for renewal thereof. The application shall be reviewed and acted upon as provided for an initial application.
Neb. Rev. Stat. § 85-1626 Authorization to operate; agent's permit; application; denial; reasons.
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Upon review and consideration of an application for authorization to operate or for an agent's permit, if the department determines that the applicant fails to meet the standards established in the Private Postsecondary Career School Act, the department shall so notify the applic…
Neb. Rev. Stat. § 85-1627 Authorization to operate; agent's permit; application; denial; extension of time; when.
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The commissioner may grant to an applicant for an authorization to operate or an agent's permit an extension of time of reasonable duration in which the applicant may eliminate the reasons for denial contained in the statement of denial if the applicant has demonstrated to the sa…
Neb. Rev. Stat. § 85-1628 Agent's permit; denial; notice; reasons.
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If the commissioner denies an application for an agent's permit, he or she shall notify the school which the agent represented or proposed to represent, according to the records of the department, including the reasons for denial.
Neb. Rev. Stat. § 85-1629 Commissioner decision; person aggrieved; right to hearing and review.
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Any person aggrieved by a decision of the commissioner respecting denial of an authorization to operate or of an agent's permit or the placing of conditions on either shall have the right to a hearing and review of such decision by the board as provided in sections 85-1630 to 85-…
Neb. Rev. Stat. § 85-163 Conservation and Survey Division; creation; duties.
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There is hereby created the Conservation and Survey Division of the University of Nebraska, which shall include the following state surveys: Soil, geological, water and water power, forest, road materials, and industrial. The Conservation and Survey Division shall perform the dut…
Neb. Rev. Stat. § 85-1630 Commissioner decision; aggrieved party; hearing and review; notify board.
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If, upon written notification of any such action taken by the commissioner, the aggrieved party desires a hearing and review, such party shall so notify the board in writing within ten business days after the giving of notice of such action. If such notice is not given, the actio…
Neb. Rev. Stat. § 85-1631 Aggrieved party; hearing; procedure.
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At such hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition to the commissioner's action or in extenuation or mitigation. The hearing shall be conducted in accordance with the Admi…
Neb. Rev. Stat. § 85-1632 Hearing; decision; when final; judicial review.
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A decision of the board following a hearing shall be deemed final subject to the right of judicial review provided in the Administrative Procedure Act. All matters presented at any such hearing shall be acted upon promptly by the board, and the board shall notify all parties in w…
Neb. Rev. Stat. § 85-1633 Authorization to operate; agent's permit; made conditional or revoked; cause; notice; hearing.
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An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the board has reasonable cause to believe that the holder thereof has violated or is violating the Private Postsecondary Career School Act or any rules and regulations adopte…
Neb. Rev. Stat. § 85-1634 Revocation hearing; how conducted; decision; when final; judicial review; notice; to whom given.
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If a hearing is requested pursuant to section 85-1633, it shall be conducted as provided in sections 85-1630 and 85-1631. The decision of the board shall be made as provided in section 85-1632 and shall be deemed final subject to the right of judicial review provided in the Admin…
Neb. Rev. Stat. § 85-1635 Complaints of violations; filed; procedure.
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Any person claiming damage or loss as a result of any act or practice by a private postsecondary career school or its agent, or both, which is a violation of the Private Postsecondary Career School Act or of the rules and regulations adopted and promulgated under the act may file…
Neb. Rev. Stat. § 85-1636 Complaint; when considered; notice; hearing.
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The board may consider a complaint after ten days' written notice by certified mail, return receipt requested, to such school or to such agent, or both, as appropriate, giving notice of a time and place for hearing thereon. Such hearing shall be conducted in accordance with the A…
Neb. Rev. Stat. § 85-1637 Complaint; hearing; violation; actions of board.
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If, upon all the evidence at the hearing, the board finds that a private postsecondary career school or its agent, or both, has engaged in or is engaging in any act or practice which violates the Private Postsecondary Career School Act or the rules and regulations adopted and pro…
Neb. Rev. Stat. § 85-1638 Appeal; procedure.
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Any person aggrieved or adversely affected by any final board action or by any penalty imposed by the board may appeal such action or penalty, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 85-1639 Bond or security agreement; filed; when; requirements.
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Until the Tuition Recovery Cash Fund initially reaches the minimum fund level prescribed in section 85-1656, when an application is made for authorization to operate, the department may require the private postsecondary career school making such application to file with the depar…
Neb. Rev. Stat. § 85-164 Conservation and Survey Division; powers; director; expenses.
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The Conservation and Survey Division is given police power and authority for the purpose of carrying into effect and performing the duties defined in section 85-163. The Board of Regents shall appoint a chief or director of the division, who shall direct the work of the division,…
Neb. Rev. Stat. § 85-1640 Agent's permit; application; surety bond; requirements.
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The application for an agent's permit shall be accompanied by a good and sufficient surety bond in a penal sum of five thousand dollars. The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bon…
Neb. Rev. Stat. § 85-1641 Surety bond or agreement; release of surety; effect.
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(1) Until the Tuition Recovery Cash Fund initially reaches the minimum fund level prescribed in section 85-1656, the surety bond or other security agreement of a school provided for in section 85-1639 shall cover the period of the authorization to operate except when a surety is …
Neb. Rev. Stat. § 85-1642 Authorization to operate or agent's permit; bond or agreement; when required.
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Except as otherwise provided in this section, authorization to operate and an agent's permit shall be suspended by operation of law when the school or agent is no longer covered by a surety bond or agreement as required by sections 85-1639 and 85-1640. The commissioner shall caus…
Neb. Rev. Stat. § 85-1643 Private Postsecondary Career Schools Cash Fund; created; use; fees; schedule; no refund.
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(1) The Private Postsecondary Career Schools Cash Fund is created. All fees collected pursuant to the Private Postsecondary Career School Act shall be remitted to the State Treasurer for credit to the fund. The fund shall be used only for the purpose of administering the act, exc…
Neb. Rev. Stat. § 85-1644 Private postsecondary career school; discontinue operation; transcripts and records; preserved; permanent file maintained by department; fee.
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If any private postsecondary career school now or hereafter operating in this state proposes to discontinue its operation, the chief administrative officer of such school shall cause to be filed with the department the original or legible true copies of all academic and financial…
Neb. Rev. Stat. § 85-1645 Contract or evidence of indebtedness; rights of parties; invalid agreements.
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If the person to whom educational services are to be rendered or furnished by a private postsecondary career school is a resident of this state at the time any contract relating to payment for such services, any note, instrument, or other evidence of indebtedness relating to paym…
Neb. Rev. Stat. § 85-1646 Enforceability of contracts and evidence of indebtedness.
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No note, instrument, or other evidence of indebtedness or contract relating to payment for education or educational services shall be enforceable in the courts of this state by (1) any private postsecondary career school operating in this state unless the school has received auth…
Neb. Rev. Stat. § 85-1647 Lending agency; evidence of indebtedness; marked, Student Loan; liability.
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Any lending agency extending credit or lending money to any person for tuition, fees, or charges whatever of a private postsecondary career school for educational or other services or facilities to be rendered or furnished by the school shall cause any note, instrument, or other …
Neb. Rev. Stat. § 85-1648 Lending agency; subject to defenses and claims.
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Notwithstanding the presence or absence of the notation required by section 85-1647 and notwithstanding any agreement to the contrary, the lending agency making such loan or extending such credit and any transferee, assignee, or holder of such evidence of indebtedness shall be su…
Neb. Rev. Stat. § 85-1649 Lending agency, defined.
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For purposes of sections 85-1647 and 85-1648, lending agency shall mean (1) any private postsecondary career school or (2) any entity (a) controlling, controlled by, or held in common ownership with such a school or (b) regularly lending money to such a school or to students of s…
Neb. Rev. Stat. § 85-165 Conservation and Survey Division; agreements with federal departments.
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The Conservation and Survey Division may enter into such agreements with federal departments as may be necessary to carry on cooperative surveys and investigations in the state, the agreements to be subject to the approval of the Board of Regents of the University of Nebraska.
Neb. Rev. Stat. § 85-1650 Violation; penalty.
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Any entity or any owner, officer, agent, or employee thereof who willfully violates section 85-1610 or willfully fails or refuses to deposit with the department the records required by section 85-1644 shall be guilty of a Class II misdemeanor. Each day's failure to comply with su…
Neb. Rev. Stat. § 85-1651 Private postsecondary career school; subject to jurisdiction of courts of this state.
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Any private postsecondary career school not exempt under section 85-1604, whether or not a resident of or having a place of business in this state, which instructs or educates or offers to contract to provide instructional or educational services in this state to a resident of th…
Neb. Rev. Stat. § 85-1652 Attorney General or county attorney; enforce act.
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The Attorney General or the county attorney of any county in which a private postsecondary career school or an agent thereof is found, at the request of the board or on his or her own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction fo…
Neb. Rev. Stat. § 85-1653 Commissioner; file for injunctive relief; when.
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Whenever it appears to the commissioner that any entity is or has been violating any of the provisions of the Private Postsecondary Career School Act or any of the lawful rules, regulations, or orders of the board or department, the commissioner may file a petition for injunction…
Neb. Rev. Stat. § 85-1654 Tuition Recovery Cash Fund; established; use; investment.
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The Tuition Recovery Cash Fund is hereby established. The fund shall be a cash fund used to receive assessments imposed under section 85-1656 and to pay claims authorized under section 85-1657. Transfers may be made from the fund to the General Fund or the Education Future Fund a…
Neb. Rev. Stat. § 85-1655 Tuition Recovery Cash Fund; administration.
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The Tuition Recovery Cash Fund shall be administered by the board. The board shall adopt and promulgate rules and regulations for the administration of the fund and for the evaluation and approval of claims pursuant to section 85-1657.
Neb. Rev. Stat. § 85-1656 Tuition Recovery Cash Fund; assessment; board; powers and duties.
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(1) The board shall annually assess each private postsecondary career school one-tenth of one percent of the prior school year's gross tuition revenue until the Tuition Recovery Cash Fund reaches the minimum fund level. The fund shall be maintained at a minimum of two hundred fif…
Neb. Rev. Stat. § 85-1657 Tuition Recovery Cash Fund; claim; statute of limitations.
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(1) Any student injured by the termination of operations by a private postsecondary career school on or after September 9, 1993, may submit a claim against the Tuition Recovery Cash Fund. The board shall adopt rules and regulations for the evaluation and approval of claims made a…