Nebraska Revised Statutes
Chapter 75 - Public Service Commission
75-101 - Public Service Commission; members; qualifications; terms, defined.

75-101. Public Service Commission; members; qualifications; terms, defined.
(1) The members of the Public Service Commission shall be resident citizens of this state, registered voters, and, if members of or practitioners in any profession, in good standing according to the established standards of such profession. The members of the Public Service Commission shall be elected as provided in section 32-509. A candidate for the office of public service commissioner shall be a resident of the district from which he or she seeks election. Each public service commissioner shall be a resident of the district from which he or she is elected. Removal from the district shall cause a vacancy in the office of public service commissioner for the unexpired term.
(2) No person shall be eligible to the office of public service commissioner who is directly or indirectly interested in any common carrier or jurisdictional utility in the state or out of it or who is in any way or manner pecuniarily interested in any common carrier subject to Chapter 75 or 86. If any commissioner becomes so interested after election or appointment, his or her office shall become vacant, except that if any commissioner becomes so interested otherwise than voluntarily, he or she shall, within a reasonable time, divest himself or herself of such interest, and failing to do so, his or her office shall become vacant.
(3) A commissioner shall not hold any other office under the government of the United States, of this state, or of any other state and shall not, while such commissioner, engage in any other occupation.
For purposes of Chapter 75:
(a) Commission, when referring to a state agency, means the Public Service Commission; and
(b) Commissioner means a member of the commission.
Source

Annotations

Subsections (1) and (2) of this section set out the eligibility requirements to hold the office of commissioner. Subsection (3) sets out restrictions upon those who hold that office: They may not hold another office or engage in another occupation while holding the office of commissioner. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).


Under subsection (1), a person is eligible to be a commissioner if he or she is in good standing in any profession of which he or she is a member or practitioner—outside of the duties imposed upon a commissioner while holding office. Rosberg v. Vap, 284 Neb. 104, 815 N.W.2d 867 (2012).

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 75 - Public Service Commission

75-101 - Public Service Commission; members; qualifications; terms, defined.

75-101.01 - Public Service Commission; districts; numbers; boundaries; established by maps; Clerk of Legislature; Secretary of State; duties.

75-101.02 - Public Service Commission; districts; population figures and maps; basis.

75-102 - Commissioners; official oath.

75-103 - Vacancies; appointment.

75-104 - Commissioners; salary; commissioners and employees; expenses; when allowed.

75-104.01 - Commissioner; salary increase; when effective.

75-105 - Seal; office; employees.

75-106 - Executive director; qualifications; salary; duties; fees for transcripts.

75-108 - Attorney General; act as legal advisor.

75-109 - Commission; regulatory powers; scope.

75-109.01 - Jurisdiction.

75-110 - Rules and regulations.

75-110.01 - Application or petition for authority or relief; procedures.

75-111 - Commission; investigatory powers.

75-112 - Commissioners and examiners; powers; certification of official acts.

75-113 - Records; prescribe; inspection.

75-114 - Records; refusal to permit examination; penalty.

75-115 - Examinations and inspections; authorized; duty and power to repair; notice; injunctions; carrier enforcement division; powers.

75-116 - Annual report; filing requirements; fee.

75-117 - Order of commission; failure to comply; penalty.

75-118 - Commission; duties.

75-118.01 - Certificate, permit, tariff, rule, or regulation; interpretation; jurisdiction.

75-119 - Rate, rule, or regulation; petition to prescribe or fix; procedure.

75-121 - Emergency rate orders; when authorized.

75-122.01 - Transferred to section 75-134.01.

75-123 - Rates; hearing; criteria.

75-124 - Rates; publication.

75-125 - Rate schedule; failure to publish; mandamus.

75-126 - Unjust discrimination and practices prohibited; exceptions.

75-127 - Unjust discrimination and practices; violations; penalties.

75-128 - Hearings; when held; filing fee.

75-129 - Sessions and hearings; when and where held.

75-130 - Witnesses; failure to testify or comply with subpoena; penalty; depositions; witness and other fees.

75-130.01 - Contested case; ex parte communication prohibited; applicability of section.

75-131 - Common or contract carriers; jurisdictional utility; complaint of violation; service; other proceedings.

75-132 - Complaint; hearing; notice; order.

75-132.01 - Exclusive original jurisdiction; appeal.

75-133 - Regulated parties; proceeding by commission upon own motion; hearing; order.

75-134 - Commission order; requirements; when effective; rate order under State Natural Gas Regulation Act; appeal; stay enforcement.

75-134.01 - Order; enjoin, when.

75-134.02 - Motion for reconsideration.

75-135 - Commission order; authentication.

75-136 - Orders; right to appeal; manner and time; advancement of appeal of rate order under State Natural Gas Regulation Act.

75-139 - Rate order; appeal; when effective; supersedeas bond; effect; applicability of section.

75-139.01 - Person, defined.

75-140 - Orders; enforcement; petition; notice.

75-141 - Order; proceeding to enforce; duty of Attorney General.

75-142 - Order; enforcement; procedure.

75-143 - Order; appeal; effect; attorney's fees.

75-144 - Order; violation; injunction; penalty.

75-146 - Common carrier other than a railroad; consolidation or increase in stock; jurisdiction of commission.

75-148 - Common carrier; issuance of securities; conditions.

75-149 - Consolidation; securities; issuance; limitation.

75-150 - Securities; issuance; fees; expenses.

75-151 - Securities; violation; penalty.

75-152 - Common carriers; consignor; designation of means and routing of shipment.

75-153 - Common carriers; consignee; designation of means and routing of shipment; exception.

75-154 - Common carriers; consignor; violation of shipping instructions; damages.

75-155 - Violations; general penalty.

75-156 - Civil penalty; procedure; order; appeal.

75-157 - Hearing; order; requirements.

75-158 - Unpaid civil penalty; how treated.

75-159 - Public Service Commission Housing and Recreational Vehicle Cash Fund; created; use; investment.

75-160 - Wireless telecommunications service; registry for complaints regarding lack of appropriate coverage; use.

75-161 - Special party buses; buses providing charter services; distinguishing signs or other indicia.

75-201 - Air carrier; exempt from commission regulation.

75-301 - Motor carriers; regulation; legislative policy.

75-302 - Terms, defined.

75-303 - Motor carriers; scope of law.

75-303.01 - Nonemergency medical transportation for medicaid clients; contracts authorized.

75-303.02 - Contracts for transportation; requirements.

75-303.03 - Reimbursement for transportation costs; conditions; exemption from commission regulation or commission rate regulation.

75-304 - Classification of carriers; rules and regulations; contract carriers; insurance; applicability of rules and regulations.

75-304.01 - Rates, fares, and charges; commission prescribe; when.

75-304.03 - Mover of household goods; license; application; fee; issuance; conditions; renewal; fee; failure to comply; effect; commission; authority.

75-304.04 - Transportation of railroad carrier employees; license; application; fee; issuance; conditions; renewal; fee; failure to comply; effect; commission; authority.

75-305 - Fees; amount; when due; disposition.

75-306 - Receipt for fees; license plates and renewal tabs.

75-307 - Insurance and bond requirements; subrogation; applicability of section.

75-308 - Tariff; publication; unlawful practices.

75-308.01 - Operational conditions; meetings of motor carriers authorized; purposes; joint-line arrangements authorized; joint rates; how treated.

75-309 - Certificate of public convenience and necessity or permit; required; exception.

75-309.01 - Transportation of passengers for hire; operation without certificate; nuisance; penalty.

75-310 - Application for certificate or permit; petition for relief; requirements.

75-311 - Certificates; permits; designation of authority; issuance; review by commission; effect.

75-313 - Certificate; permit; terms.

75-314 - Deviation from route; special or charter parties.

75-315 - Certificates; permits; effective date; revocation or suspension; grounds.

75-316 - Suspension of service; approval of commission; voluntary revocation of certificate or permit.

75-318 - Sale, transfer, lease, or consolidation; application; hearing; approval of commission required.

75-319 - Sale, transfer, lease, or consolidation; temporary approval.

75-320 - Sale or transfer of stock ownership; change in partnership or limited liability company; approval of commission; hearing.

75-321 - Certificate; permit; death or incompetency of holder; transfer; approval of commission.

75-322 - Certificate; permit; trustee, receiver, or assignee; continue operations; petition; order of commission.

75-323 - Terms, defined.

75-324 - Operation of transportation network company; permit required; application; contents; commission; duties.

75-325 - Transportation network company; duties; driver; duties; complaints; commission; powers.

75-326 - Participating driver; requirements; criminal history record information check.

75-327 - Prearranged ride required; limit on hours; dynamic pricing; filing of rates; receipt; contents.

75-328 - Use of personal vehicle; requirements; initial safety inspection; annual inspection; reports available.

75-329 - Inspection of records; complaint; commission powers; treatment of records.

75-330 - Noncompete provision.

75-331 - Transportation Network Company Regulation Cash Fund; created; use; investment.

75-332 - Driver; disclosure by transportation network company; contents; acknowledgment; notice to lienholder; record.

75-333 - Transportation network company insurance; requirements.

75-334 - Transportation network company insurance during application open stage; requirements.

75-335 - Coverage of insurance; certificate of insurance; filing required.

75-336 - Liability; certain payments; how treated.

75-337 - Owner of personal vehicle; duty.

75-338 - Sections; how construed.

75-339 - Personal automobile insurer; policy, amendment, or endorsement; contents.

75-340 - Cooperation with insurers; maintenance of records.

75-341 - Participating driver; proof of insurance coverage.

75-342 - Certain services; specific authorization from commission required.

75-343 - Report; contents.

75-344 - Transferred to section 2-2709.

75-345 - Transferred to section 2-2710.

75-346 - Transferred to section 2-2711.

75-347 - Transferred to section 2-2712.

75-362 - Federal regulations; terms, defined.

75-363 - Federal motor carrier safety regulations; provisions adopted; exceptions.

75-364 - Additional federal motor carrier regulations; provisions adopted.

75-365 - Definitions; applicability; report; requirements.

75-366 - Enforcement powers.

75-367 - Violations; penalty.

75-368 - Nebraska State Patrol; carrier enforcement division; adopt rules and regulations; prior rules and regulations; effect.

75-369 - Nebraska State Patrol; provide declaration of safety regulations; distribution; acknowledgment of applicant.

75-369.01 - Nebraska State Patrol carrier enforcement division; safety audit or compliance review.

75-369.02 - Safety rating; factors; notice.

75-369.03 - Violations; civil penalty; referral to federal agency or Public Service Commission; when.

75-369.04 - Civil penalty; order; contents; collection.

75-369.05 - Notice or order; service.

75-369.06 - Unpaid civil penalties; collection.

75-369.07 - Summary order; hearing; procedure; final order; appeal.

75-370 - Insurance, bond, certificate, and permit requirements; enforcement; duties.

75-371 - Insurance, bond, certificate, and permit requirements; violations; penalty.

75-385 - Division of Motor Carrier Services; established; Administrator of Motor Carrier Services.

75-386 - Division of Motor Carrier Services; duties.

75-389 - Rules and regulations.

75-391 - Motor carrier transportation contracts; exculpatory provisions prohibited.

75-392 - Terms, defined.

75-393 - Unified carrier registration plan and agreement; director; powers.

75-394 - Registration under unified carrier registration plan and agreement; fees; authorization to accept registration.

75-396 - Rules and regulations.

75-397 - Forms and electronic systems to allow filings.

75-398 - Violations; penalty.

75-399 - Sections not applicable to intrastate commerce.

75-3,100 - Registration; suspend, revoke, cancel, or refuse to issue or renew; conditions; notice; hearing; petition.

75-401 - Public Service Commission; jurisdiction; railroad safety; enforcement.

75-401.01 - Railroads; discontinue agency service or close station; hearing.

75-402 - Terms, defined.

75-403 - Railroads; violation of orders of commission; civil liability; defenses precluded.

75-405 - Reciprocal demurrage; annual agreement.

75-410 - Transferred to section 74-1332.

75-411 - Transferred to section 74-1333.

75-412 - Transferred to section 74-1334.

75-413 - Transferred to section 74-1335.

75-414 - Transferred to section 74-1336.

75-415 - Transferred to section 74-1337.

75-416 - Transferred to section 74-1338.

75-417 - Transferred to section 74-1339.

75-418 - Transferred to section 74-1340.

75-419 - Employees; hours of labor.

75-420 - Employees; hours of labor; violation; penalty.

75-426 - Accidents; reports; filing; investigation; violation; penalty.

75-427 - Transferred to section 74-1331.

75-428 - Intersections; transfer facilities; duty to provide; violation; penalty.

75-429 - Switch stand lights and signals; operation; violation; penalty.

75-430 - Railroad signals; interference with view; authority of commission.

75-501 - Common carrier, declaration; commission jurisdiction; rules and regulations; validity.

75-502 - Pipeline carriers; powers.

75-503 - Pipeline carriers; tapping pipeline; commission may authorize.

75-604 - Transferred to section 86-128.

75-605 - Transferred to section 86-130.

75-606 - Transferred to section 86-161.

75-607 - Transferred to section 86-131.

75-608 - Transferred to section 86-132.

75-609 - Transferred to section 86-140.

75-609.01 - Transferred to section 86-141.

75-610 - Transferred to section 86-162.

75-611 - Transferred to section 86-133.

75-612 - Transferred to section 86-135.

75-613 - Transferred to section 86-136.

75-614 - Transferred to section 86-137.

75-615 - Transferred to section 86-138.

75-616 - Transferred to section 86-156.

75-617 - Transferred to section 86-160.

75-701 - Public Service Commission; jurisdiction denied.

75-702 - Transmission lines; intersections between railroads and highways; jurisdiction of commission.

75-703 - Intersections between railroads and highways; rules and regulations.

75-704 - Intersections between railroads and highways; prohibited acts.

75-705 - Intersections between railroads and highways; crossing; commission may prescribe changes; cost.

75-706 - Intersections between railroads and highways; crossing of wires; clearance.

75-707 - Intersections between railroads and highways; crossing of wires; regulation.

75-708 - Wires; violation; penalty; enforcement.

75-709 - Electric lines; clearance from other lines.

75-710 - Electric line; construction or voltage increase; application required, when.

75-711 - Application to construct line or increase voltage; notice; hearing.

75-712 - Electric line paralleling or intersecting certain telephone lines; inductive interference; effect.

75-713 - Construction near airports; application; when.

75-714 - Construction near airports; application; notice; hearing; waiver; rules and regulations by Director of Aeronautics.

75-715 - Construction near airports; notice of hearing; to whom; objections.

75-716 - Division of Aeronautics; file list of airports with commission.

75-717 - Construction near airports; hearing; order.

75-718 - Transmission, telephone, or telegraph lines; commission may vacate side of highway, when.

75-719 - Specified electrical transmission lines; construction requirements; applications; exceptions; line extension; delayed application; procedure.

75-720 - Proposed construction; electrical lines; application, notice, or hearing; unnecessary; when.

75-721 - Construction; operation; commission may regulate.

75-722 - Procedure; appeal; provisions applicable.

75-723 - Transmission, telephone, and telegraph lines; violations; penalty.

75-724 - Lines in cities or villages; exempt.

75-801 - Prior license, certificate, permit, authorization; remain in force until their expiration; rights of parties not affected.

75-802 - Transferred to section 25-226.

75-901 - Act, how cited.

75-902 - Terms, defined.

75-903 - Grain dealer; licensure; requirements; fee.

75-903.01 - License; suspension or revocation; procedure.

75-903.02 - Criminal history record information check; fingerprinting; when.

75-904 - Grain dealer; receipt, contract, bill of lading, other written communication requirements.

75-905 - Recourse to grain dealer's security; when.

75-906 - Violation of security; commission; powers.

75-907 - Commission; adopt rules and regulations.

75-907.01 - Commission; inspection; powers.

75-908 - Enforcement of act.

75-909 - Violation; penalty.

75-910 - Civil penalty.

75-1001 - Act, how cited.

75-1002 - Terms, defined.

75-1003 - Private water company; rates and charges; regulation by commission.

75-1004 - Commission; access to books and records.

75-1005 - Review of rates and charges; petition; hearing; notice.

75-1006 - Change to rates or charges; notice.

75-1007 - Change to rates or charges; petition; hearing; notice; procedure.

75-1008 - Commission; issue order; appeal; denial; effect.

75-1009 - Rate or charge; yield authorized.

75-1010 - Rules and regulations.

75-1011 - Violation; civil penalty.

75-1012 - Enforcement of act.

75-1101 - 211 Information and Referral Network; Public Service Commission; award grant; application; eligibility; use; 211 Cash Fund; created; use; investment.