81-8,245.  Public Counsel; powers; enumerated.
The Public Counsel shall have the power to:
(1) Investigate, on complaint or on his or her own motion, any administrative act of any administrative agency;
(2) Prescribe the methods by which complaints are to be made, received, and acted upon; determine the scope and manner of investigations to be made; and, subject to the requirements of sections 81-8,240 to 81-8,254, determine the form, frequency, and distribution of his or her conclusions, recommendations, and proposals;
(3) Conduct inspections of the premises, or any parts thereof, of any administrative agency or any property owned, leased, or operated by any administrative agency as frequently as is necessary, in his or her opinion, to carry out duties prescribed under sections 81-8,240 to 81-8,254;
(4) Request and receive from each administrative agency, and such agency shall provide, the assistance and information the counsel deems necessary for the discharge of his or her responsibilities; inspect and examine the records and documents of all administrative agencies notwithstanding any other provision of law; and enter and inspect premises within any administrative agency's control;
(5) Issue a subpoena, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a matter under his or her inquiry. A person thus required to provide information shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned;
(6) Undertake, participate in, or cooperate with general studies or inquiries, whether or not related to any particular administrative agency or any particular administrative act, if he or she believes that they may enhance knowledge about or lead to improvements in the functioning of administrative agencies;
(7) Make investigations, reports, and recommendations necessary to carry out his or her duties under the State Government Effectiveness Act;
(8) Carry out his or her duties under the Office of Inspector General of Nebraska Child Welfare Act. If any of the provisions of sections 81-8,240 to 81-8,254 conflict with provisions of the Office of Inspector General of Nebraska Child Welfare Act, the provisions of such act shall control;
(9) Carry out his or her duties under the Office of Inspector General of the Nebraska Correctional System Act. If any of the provisions of sections 81-8,240 to 81-8,254 conflict with the provisions of the Office of Inspector General of the Nebraska Correctional System Act, the provisions of such act shall control;
(10) Investigate allegations of violation of subsection (2) of section 84-908 by an administrative agency pursuant to a complaint made to his or her office and make a determination as to whether such administrative agency has violated such subsection. The Public Counsel shall report his or her determination in writing to the Governor, the Secretary of State, the Attorney General, the Executive Board of the Legislative Council, and the director or chief executive officer of the agency. The report to the executive board shall be submitted electronically; and
(11) Investigate and address the complaint and case of:
(a) Any juvenile committed to the custody of a youth rehabilitation and treatment center; and
(b) Any juvenile released from a youth rehabilitation and treatment center for reentry into the community, while that juvenile is subject to the Community and Family Reentry Process and a service or treatment program in which the juvenile may be involved after his or her release from a youth rehabilitation and treatment center, whether that service or program is administrated by the Office of Juvenile Services or a private provider in the community. The Office of Juvenile Services and private providers in the community shall cooperate with any investigation conducted by the Public Counsel pursuant to this subdivision and provide all documentation and information requested by the Public Counsel in connection with such an investigation.
Source 
Cross References 
Structure Nebraska Revised Statutes
Chapter 81 - State Administrative Departments
81-101 - Executive department; civil administration vested in Governor; departments created.
81-102 - Department heads; enumeration; appointment and confirmation; removal.
81-103 - Department heads; salaries; powers of Governor.
81-104.01 - Agency; petty cash funds; how established; voucher; warrant.
81-107 - Departments; assistants and employees; appointment; termination; compensation.
81-108 - Department heads; restrictions on office holding or employment; exceptions.
81-109 - Department heads; serve without term.
81-110 - Departments; officers; oath.
81-111 - Departments; officers; bond or insurance required.
81-112 - Department heads; rules and regulations; power to make.
81-113 - Departments; business hours.
81-114 - Departments; official seal.
81-117.02 - Compensatory time off or payment; when not applicable.
81-118 - Departments; receipts; payment to treasury; expenditures; when authorized.
81-118.01 - Electronic payment; acceptance; conditions.
81-119 - Departments; investigations; power to compel testimony and produce documents.
81-120 - State agency; securities; held for safekeeping; book entry account.
81-125 - State budget; submission to Legislature by Governor; when; contents.
81-125.01 - State budget; include reserve.
81-126 - Governor; recommendations as to deficiency funding; bill form.
81-129 - Director of Administrative Services; investigation of all spending agencies; reports.
81-133 - State budget; estimates and recommendations; duty of Director of Administrative Services.
81-134 - State budget; departmental budget estimates; Governor may alter.
81-135 - State budget; departmental needs; duty to supply information requested by Governor.
81-136 - State budget; estimates; hearing; when authorized.
81-137 - State budget; appropriations bill; increase; when authorized.
81-138 - Appropriations; quarterly estimates required before expending.
81-138.01 - Valid encumbrance; what constitutes.
81-138.02 - Contracts; not valid encumbrances; exception.
81-138.03 - Encumbrance; when paid; lapse.
81-138.04 - State budget officer; review encumbrances; lapse.
81-145 - Materiel division; terms, defined.
81-146 - Sections; applicability.
81-147 - Materiel administrator; appointment.
81-148 - Materiel administrator; salary.
81-149 - Materiel administrator; qualifications.
81-150 - Materiel administrator; oath.
81-151 - Materiel administrator; bond or insurance.
81-153 - Materiel division; powers and duties; enumerated.
81-154.01 - Materiel division; University of Nebraska; purchase agreements.
81-156 - Laboratory tests; fee.
81-159 - Requisitions by using agency; procedures used by materiel division.
81-161.01 - Competitive bids; time requirements; waiver.
81-161.02 - Competitive bids; rejection by materiel division; grounds; new bids.
81-161.04 - Materiel division; surplus property; sale; procedure; proceeds of sale, how credited.
81-161.06 - State Surplus Property Revolving Fund; created; use; investment.
81-162 - Purchases or leases; form of contract.
81-164 - Central mailing room; equipment required.
81-165 - Official outgoing mail to be metered; members of Legislature, when exempt.
81-166 - Postage records; requirements.
81-168 - Central mailing room; employees; hours staggered.
81-169 - Rules and regulations; authority of materiel division.
81-171 - Delivery of mail to mailing room for unofficial business; violation; penalty.
81-175 - Task force; members; compensation; expenses.
81-176 - Task force; review; report.
81-177 - State agency; inspection of facilities; report; contents; referred to task force.
81-178 - Report; classification of work items; task force, duties.
81-179 - Building Renewal Allocation Fund; created; use; investment.
81-180 - Building renewal funds; expenditures; allocation of funds; procedure.
81-182 - Governor monitor activities of task force and agencies; authorize issuance of warrants.
81-183 - Property not eligible for renewal and maintenance funds.
81-184 - Administration costs.
81-185 - Committee on Building Maintenance; membership; purpose.
81-186 - Committee on Building Maintenance; meetings; duties.
81-187 - Legislative Fiscal Analyst; receive copy of estimates, reports, and allocation requests.
81-188.01 - State Building Renewal Assessment Fund; created; use; investment.
81-188.03 - University Building Renewal Assessment Fund; created; use; investment.
81-188.05 - State College Building Renewal Assessment Fund; created; use; investment.
81-201 - Department of Agriculture; general powers.
81-201.03 - Office services; authorized; powers.
81-201.05 - Weed Book Cash Fund; created; use; investment.
81-216.01 - Transferred to section 81-2,239.
81-216.02 - Transferred to section 81-2,240.
81-216.03 - Transferred to section 81-2,248.
81-216.04 - Transferred to section 81-2,253.
81-216.05 - Transferred to section 81-2,247.
81-216.06 - Transferred to section 81-2,250.
81-216.07 - Transferred to section 81-2,246.
81-216.08 - Transferred to section 81-2,243.
81-216.09 - Transferred to section 81-2,244.
81-216.10 - Transferred to section 81-2,251.
81-216.11 - Transferred to section 81-2,241.
81-216.12 - Transferred to section 81-2,252.
81-216.13 - Transferred to section 81-2,249.
81-216.15 - Transferred to section 81-2,259.
81-216.16 - Transferred to section 81-2,261.
81-216.17 - Transferred to section 81-2,258.
81-216.18 - Transferred to section 81-2,260.
81-216.19 - Transferred to section 81-2,257.
81-216.20 - Transferred to section 81-2,262.
81-216.21 - Transferred to section 81-2,270.
81-216.22 - Transferred to section 81-2,276.
81-216.23 - Transferred to section 81-2,277.
81-216.24 - Transferred to section 81-2,278.
81-216.25 - Transferred to section 81-2,279.
81-216.26 - Transferred to section 81-2,280.
81-216.27 - Transferred to section 81-2,281.
81-216.28 - Transferred to section 81-2,282.
81-216.29 - Transferred to section 81-2,283.
81-216.30 - Transferred to section 81-2,284.
81-216.31 - Transferred to section 81-2,285.
81-216.32 - Transferred to section 81-2,286.
81-216.33 - Transferred to section 81-2,287.
81-216.34 - Transferred to section 81-2,288.
81-216.35 - Transferred to section 81-2,289.
81-216.36 - Transferred to section 81-2,290.
81-216.37 - Transferred to section 81-2,291.
81-216.38 - Transferred to section 81-2,292.
81-216.39 - Transferred to section 81-2,242.
81-217.29 - Transferred to section 25-21,189.
81-217.31 - Transferred to section 28-1483.
81-263.88 - Transferred to section 2-3913.
81-263.89 - Transferred to section 2-3914.
81-263.90 - Transferred to section 2-3915.
81-263.91 - Transferred to section 2-3916.
81-263.94 - Transferred to section 2-3918.
81-263.95 - Transferred to section 2-3919.
81-263.96 - Transferred to section 2-3920.
81-263.97 - Transferred to section 2-3921.
81-263.98 - Transferred to section 2-3922.
81-263.99 - Transferred to section 2-3923.
81-263.100 - Transferred to section 2-3924.
81-263.101 - Transferred to section 2-3925.
81-263.106 - Transferred to section 2-3931.
81-263.107 - Transferred to section 2-3932.
81-263.108 - Transferred to section 2-3933.
81-263.109 - Transferred to section 2-3934.
81-263.110 - Transferred to section 2-3935.
81-263.111 - Transferred to section 2-3936.
81-263.114 - Transferred to section 2-3937.
81-263.116 - Transferred to section 2-3938.
81-263.117 - Transferred to section 2-3947.
81-263.118 - Transferred to section 2-3939.
81-263.119 - Transferred to section 2-3942.
81-263.120 - Transferred to section 2-3943.
81-263.121 - Transferred to section 2-3944.
81-263.122 - Transferred to section 2-3945.
81-2,147.02 - Container; labeling requirements.
81-2,147.03 - Sale; unlawful acts.
81-2,147.04 - Records; samples; subject to inspection.
81-2,147.05 - Exempt seed or grain.
81-2,147.06 - Director; powers and duties.
81-2,147.07 - Seeds not in compliance with law; remedies; procedure.
81-2,147.08 - Restraining order or injunction; application by director; issued without bond.
81-2,147.09 - Violations; penalty; hearing; enforcement.
81-2,147.11 - Nebraska Seed Administrative Cash Fund; created; use; investment.
81-2,147.12 - Preemption of local law.
81-2,149 - State-certified seeds; plant parts; approval of standards; certification, defined.
81-2,151 - State-certified seeds; certification agencies; nonprofit basis.
81-2,154 - State-certified seeds; violations; penalty.
81-2,155 - Hybrid seed corn; practices forbidden.
81-2,156 - Hybrid seed corn; cross, defined.
81-2,162.01 - Act; administration.
81-2,162.07 - Enforcement of act; inspections; testing; methods of analysis; results; distribution.
81-2,162.08 - Commercial fertilizer; superphosphate; requirements.
81-2,162.12 - Commercial fertilizers and soil conditioners; rules and regulations.
81-2,162.17 - Commercial fertilizer or soil conditioner; act; violations; penalty.
81-2,162.18 - Commercial fertilizer or soil conditioner; unlawful practices; director; waiver, when.
81-2,162.19 - Commercial fertilizer or soil conditioner; Attorney General; county attorney; duties.
81-2,162.28 - Preemption of local law.
81-2,164.03 - Agricultural Products Marketing Information Cash Fund; created; use; investment.
81-2,165 - Beekeeping; inspections; rules and regulations; duties of department and director.
81-2,165.02 - Beekeeping; legislative intent; responsibility for education.
81-2,167 - Beekeeping; department; inspection; purpose; violations.
81-2,168 - Beekeeping; inspection; notice to owner; University of Nebraska; duties.
81-2,169 - Beekeeping; infected bees or apiaries; nuisance; destruction.
81-2,171 - Beekeeping; abandoned apiary; seized by department; notice.
81-2,173 - Beekeeping; inspection certificate; procedure.
81-2,176 - Beekeeping; inspection certificate; unlawful use; penalty.
81-2,180 - Beekeeping; liability of beekeeper for acts of agent.
81-2,236 - Director; contract and cooperate with federal government; expenditure of funds.
81-2,237 - Animal Damage Control Cash Fund; created; investment.
81-2,238 - Director; cooperation with state agencies; receipt of funds.
81-2,239 - Nebraska Pure Food Act; provisions included; how cited.
81-2,240 - Definitions, where found.
81-2,241 - Advertising, defined.
81-2,242 - Bed and breakfast establishment, defined.
81-2,242.01 - Caterer, defined.
81-2,242.02 - Commissary, defined.
81-2,242.03 - Convenience store, defined.
81-2,242.04 - Commercial food establishment, defined.
81-2,243 - Department, defined.
81-2,244.01 - Food Code, defined.
81-2,245 - Food delivery service, defined.
81-2,245.01 - Food establishment, defined.
81-2,248 - Itinerant food vendor, defined.
81-2,251.01 - Limited food vending machine, defined.
81-2,251.02 - Licensed beverage establishment, defined.
81-2,251.03 - Limited food service establishment, defined.
81-2,251.04 - Mobile food unit, defined.
81-2,251.05 - Person in charge, defined.
81-2,251.06 - Pushcart, defined.
81-2,252 - Regulatory authority, defined.
81-2,253.01 - Salvage operation, defined.
81-2,254 - Single event food vendor, defined.
81-2,257 - Priority items; priority foundation items; designation.
81-2,257.01 - Food Code; adoption.
81-2,262 - Code and practice; where filed.
81-2,263 - Inconsistencies; sections control.
81-2,272.01 - Time/temperature control for safety food; temperature; equipment.
81-2,272.10 - Food employees; hand washing; food contact; restrictions.
81-2,272.31 - Water supply; requirements.
81-2,272.32 - Food employee; fingernail requirements.
81-2,273 - Permitholder; duties; disciplinary action; effect; hearing; reinstatement of permit.
81-2,274 - Notice or order; service; contents; hearings; procedure.
81-2,275 - Food establishment, food processing plant, or salvage operation; unlawful operation.
81-2,276 - Food establishment, food processing plant, or salvage operation regulation.
81-2,277 - Food processing plants and salvage operations; compliance required.
81-2,280 - Certain sales direct to consumer; producer; registration; contents.
81-2,282 - Adulteration of food; prohibited; adulteration, defined.
81-2,283 - Misbranded food; prohibited; misbranded, defined.
81-2,284 - Deceptive packaging of food; prohibited; deceptively packed or packaged, defined.
81-2,285 - False advertisement regarding food; prohibited; false advertisement, defined.
81-2,286 - Regulatory authority; determination of violations; use of federal regulations; when.
81-2,287 - Regulatory authority; enforcement; issue stop-sale, stop-use, removal orders; procedure.
81-2,288.01 - Regulatory authority; inspection reporting requirements.
81-2,288.02 - Regulatory authority; inspection intervals.
81-2,289 - Restraining orders and injunctions; department; county attorney; duties.
81-2,290 - Violations; penalty; county attorney; duties.
81-2,291 - Pure Food Cash Fund; created; use; investment.
81-2,292 - Bed and breakfast establishments; exempt from act.
81-301 - Department of Banking and Finance; general powers.
81-302 - Department of Banking and Finance Settlement Cash Fund; created; use; investment.
81-401 - Department of Labor; general powers.
81-403 - Department of Labor; educational opportunities for youth; identify resources.
81-404 - Transferred to section 48-2213.
81-405 - Transferred to section 81-530.
81-501 - Transferred to section 44-101.01.
81-502.01 - Nebraska Fire Safety Appeals Board; members; appointment; qualifications; term.
81-502.02 - Nebraska Fire Safety Appeals Board; duties; expenses; meetings.
81-502.04 - Rules and regulations; enforcement; procedure.
81-503 - State Fire Marshal; first assistant; appointment; other employees; duties; uniforms.
81-504 - State Fire Marshal; legal counsel; appointment by Attorney General; compensation.
81-505 - First assistant and deputies; duties.
81-505.01 - State Fire Marshal; establish and assess fees; procedures.
81-506 - Fires; investigation by city or county authorities; reports to State Fire Marshal required.
81-507 - State Fire Marshal; records and statistics on fires required.
81-508 - State Fire Marshal; arson; investigations; evidence.
81-509 - State Fire Marshal; investigations; witnesses; subpoena; oath; perjury; contempt.
81-511 - Buildings; entry and inspection by State Fire Marshal; when authorized.
81-512 - Buildings; entry and inspection; when authorized.
81-520 - Buildings; fire hazards; abatement; penalty.
81-520.01 - Statewide open burning ban; waiver; permit; fee.
81-520.02 - Open burning ban; range-management burning; violations; penalty.
81-520.04 - Land-management burning; permit; issuance; when.
81-520.05 - Land-management burning; application for permit; plan; contents; fire chief; duties.
81-522 - Fires; failure of city or county authorities to investigate and report; penalty.
81-524 - State Fire Marshal; office; salaries; expenses; payment.
81-525 - State Fire Marshal; records public; exceptions.
81-526 - State Fire Marshal; investigations; duty of county attorney to act.
81-527 - State Fire Marshal; schools; exits; fire drills.
81-528 - State Fire Marshal Cash Fund; created; use; investment.
81-529 - Sections, how construed.
81-530 - Mechanical Safety Inspection Fund; created; use; investment.
81-531 - Fire chiefs; local officers; fire reports; compensation; mileage.
81-532 - Firefighters; report regarding; contents.
81-545 - Transportation of gas; operation of pipeline facilities; safety standards; requirements.
81-550 - Nebraska Natural Gas Pipeline Safety Cash Fund; created; use; investment; assessments.
81-551 - State Fire Marshal; duties; powers.
81-571 - Transferred to section 81-2101.
81-572 - Transferred to section 81-2102.
81-573 - Transferred to section 81-2103.
81-574 - Transferred to section 81-2145.
81-575 - Transferred to section 81-2104.
81-576 - Transferred to section 81-2105.
81-577 - Transferred to section 81-2106.
81-578 - Transferred to section 81-2107.
81-579 - Transferred to section 81-2108.
81-580 - Transferred to section 81-2109.
81-581 - Transferred to section 81-2110.
81-582 - Transferred to section 81-2111.
81-583 - Transferred to section 81-2112.
81-584 - Transferred to section 81-2113.
81-585 - Transferred to section 81-2114.
81-586 - Transferred to section 81-2115.
81-587 - Transferred to section 81-2116.
81-588 - Transferred to section 81-2117.
81-589 - Transferred to section 81-2118.
81-590 - Transferred to section 81-2119.
81-591 - Transferred to section 81-2120.
81-592 - Transferred to section 81-2121.
81-593 - Transferred to section 81-2122.
81-593.01 - Transferred to section 81-2123.
81-594 - Transferred to section 81-2124.
81-595 - Transferred to section 81-2125.
81-596 - Transferred to section 81-2126.
81-597 - Transferred to section 81-2127.
81-598 - Transferred to section 81-2128.
81-599 - Transferred to section 81-2129.
81-5,100 - Transferred to section 81-2130.
81-5,101 - Transferred to section 81-2131.
81-5,102 - Transferred to section 81-2132.
81-5,103 - Transferred to section 81-2133.
81-5,104 - Transferred to section 81-2134.
81-5,105 - Transferred to section 81-2135.
81-5,106 - Transferred to section 81-2136.
81-5,107 - Transferred to section 81-2137.
81-5,108 - Transferred to section 81-2138.
81-5,109 - Transferred to section 81-2139.
81-5,110 - Transferred to section 81-2140.
81-5,111 - Transferred to section 81-2141.
81-5,112 - Transferred to section 81-2142.
81-5,113 - Transferred to section 81-2143.
81-5,114 - Transferred to section 81-2144.
81-5,116 - Definitions; sections found.
81-5,117 - Authorized agency, defined.
81-5,121 - Authorized agency; fire or explosion loss; access to information.
81-5,122 - Fire or explosion loss; request for information; subject matter.
81-5,123 - Fire or explosion loss; investigation; when.
81-5,124 - Authorized agency; information; release; to whom.
81-5,125 - Insurance company; request for information; effect.
81-5,126 - Insurance company; release of information; immune from liability.
81-5,127 - Authorized agency; insurance company; information; confidentiality; testimony.
81-5,128 - Information; refusal to release; prohibited.
81-5,129 - Relevant information; refusal to provide; prohibited.
81-5,130 - Confidential information; release; prohibited.
81-5,131 - Violations; penalties.
81-5,132 - Definitions, sections found.
81-5,133 - Apartment house, defined.