Nebraska Statutes > Nebraska Banking Act
Terms Used In Nebraska Statutes > Nebraska Banking Act
- ABET: means an entity incorporated as the Accreditation Board for Engineering and Technology, Inc. See Nebraska Statutes 81-3403.01
- Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Administrator: means the Administrator of the United States Environmental Protection Agency. See Nebraska Statutes 81-15,194
- Advisory board: means the Enhanced Wireless 911 Advisory Board. See Nebraska Statutes 86-444
- Advisory committee: means the Private Onsite Wastewater Treatment System Advisory Committee created in section Nebraska Statutes 81-15,239
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: shall mean each board, commission, bureau, council, department, officer, division, the University of Nebraska, the Nebraska state colleges, or other administrative office or unit of state government. See Nebraska Statutes 81-1705
- Agreement: means the bargain of the parties in fact as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Nebraska Statutes 86-614
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amortization: Paying off a loan by regular installments.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services. See Nebraska Statutes 86-1204
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicable codes: means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Small Wireless Facilities Deployment Act and to the extent such codes have been adopted by the authority and are generally applicable in the jurisdiction. See Nebraska Statutes 86-1205
- Applicant: means any person who submits an application and is a wireless provider. See Nebraska Statutes 86-1206
- Applicant means any person who submits an application and: is a wireless provider. See Nebraska Statutes 86-1206
- Application: means a computer program that provides a specific service to the user. See Nebraska Statutes 86-554
- Application: means a written request submitted by an applicant to an authority (1) for a permit to collocate small wireless facilities on an existing utility pole or wireless support structure or (2) for a permit for approval for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility. See Nebraska Statutes 86-1207
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Approval to teach postsecondary courses by a Nebraska postsecondary educational institution: means official documentation issued by a Nebraska postsecondary educational institution declaring that an individual has met the graduate degree or course requirements necessary to teach courses in a specific subject or subjects offered by the Nebraska postsecondary educational institution for postsecondary degree credit. See Nebraska Statutes 85-3107
- Architect: means a person who is licensed by the board to practice architecture. See Nebraska Statutes 81-3404
- Area agency on aging: shall mean the agency formed or eligible pursuant to the Nebraska Community Aging Services Act which is designated by the department as responsible for the administration of the area program plan in each planning-and-service area. See Nebraska Statutes 81-2208
- Area program plan: shall mean the document submitted to the department by an area agency on aging in order to receive funds under the Nebraska Community Aging Services Act and under the Older Americans Act, as now or hereafter amended, which details the area agency on aging's plan for a comprehensive, coordinated program of community aging services for such area. See Nebraska Statutes 81-2209
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Authority: means the State of Nebraska or any agency, county, city, village, or other political subdivision thereof, except as otherwise excluded herein. See Nebraska Statutes 86-1208
- Authority pole: means a utility pole owned, managed, or operated by or on behalf of an authority. See Nebraska Statutes 86-1209
- Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Nebraska Statutes 86-615
- Automatic dialing-announcing device: means a device which selects and dials telephone numbers and automatically plays a recorded message. See Nebraska Statutes 86-238
- Automatic location identification: means a feature by which the name and address associated with the calling party's telephone number is forwarded to the public safety answering point for display. See Nebraska Statutes 86-423
- Automatic number identification: means a feature by which the calling party's automatic number identification telephone number is forwarded to the E-911 control office and to the public safety answering point's display and transfer units. See Nebraska Statutes 86-424
- Automatic number identification: means a feature by which a person calling a public safety answering point has his or her ten-digit telephone number simultaneously forwarded to the public safety answering point and to the public safety answering point's display and transfer units. See Nebraska Statutes 86-445
- Award: means a grant of money by the commission to an eligible student for educational expenses. See Nebraska Statutes 85-1903
- Award year: means the period beginning on July 1 through the following June 30. See Nebraska Statutes 85-1904
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Basic local exchange rate: means the flat monthly charge for an access line, whether the telecommunications service is provided on a flat or measured basis, imposed by a telecommunications company for basic local exchange service but does not include any charge or tax imposed by or resulting from action by a governmental body which is billed by a telecommunications company to its customers. See Nebraska Statutes 86-104
- Basic local exchange service: means the access and transmission of two-way switched voice communications within a local exchange area. See Nebraska Statutes 86-105
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- Board: means the Board of Engineers and Architects. See Nebraska Statutes 81-3405
- Board: means the Board of Geologists. See Nebraska Statutes 81-3504
- Building: means any structure used, or intended to be used, to support, shelter, or enclose any use or occupancy. See Nebraska Statutes 81-3405.02
- Building official: means a person appointed by the state or a political subdivision having responsibility for the public safety and welfare and the enforcement of building codes with regard to buildings and other structures within such person's jurisdiction. See Nebraska Statutes 81-3405.01
- Business service: means telecommunications service which is used for occupational, professional, or institutional purposes. See Nebraska Statutes 86-106
- Byproduct material: shall mean (1) any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material and (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. See Nebraska Statutes 81-1582
- Certified professional: means a private onsite wastewater treatment system professional certified under the Private Onsite Wastewater Treatment System Contractors Certification and System Registration Act to perform the tasks for which the certification has been issued. See Nebraska Statutes 81-15,240
- Chambers: A judge's office.
- Class of subscribers: means a group of customers for which a telecommunications company has established a distinct pricing plan for telecommunications service. See Nebraska Statutes 86-107
- Closure or site closure and stabilization: shall mean those actions that are taken upon completion of operations which prepare the disposal site for custodial care and which assure that the disposal site will remain stable and will not need ongoing active maintenance. See Nebraska Statutes 81-1583
- Collocate or collocation: means to install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. See Nebraska Statutes 86-1210
- Commission: means the State Emergency Response Commission. See Nebraska Statutes 81-15,195
- Commission: means the Nebraska Tourism Commission. See Nebraska Statutes 81-3704
- Commission: means the Coordinating Commission for Postsecondary Education. See Nebraska Statutes 85-1905
- Commission: means the Coordinating Commission for Postsecondary Education. See Nebraska Statutes 85-3103
- Commission: means the Public Service Commission. See Nebraska Statutes 86-108
- Commission: means the Public Service Commission. See Nebraska Statutes 86-239
- Commission: means the Public Service Commission. See Nebraska Statutes 86-260
- Commission: means the Public Service Commission. See Nebraska Statutes 86-304
- Commission: means the Public Service Commission. See Nebraska Statutes 86-319
- Commission: means the Public Service Commission. See Nebraska Statutes 86-446
- Commission: means the Nebraska Information Technology Commission. See Nebraska Statutes 86-503
- Commission: means the Public Service Commission. See Nebraska Statutes 86-1006
- Committee: shall mean the Division of Medicaid and Long-Term Care Advisory Committee on Aging. See Nebraska Statutes 81-2205
- Committee: means the 911 Service System Advisory Committee. See Nebraska Statutes 86-1006.01
- Committee print: A publication used by committees for various purposes. For example, the rules of each standing committee may be published as a committee print, and drafts of bills or committee reports may be produced as committee prints.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Communications facility: means the set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in Nebraska Statutes 86-1211
- Communications network: means a network used to provide communications service. See Nebraska Statutes 86-1212
- Communications service: means a cable service as defined in Nebraska Statutes 86-1213
- Communications service provider: means a cable operator as defined in Nebraska Statutes 86-1214
- Community aging services: means those activities and services which fulfill the goals of the Nebraska Community Aging Services Act, which are necessary to promote, restore, or support self-sufficiency and independence for older persons, and which include: (1) Congregate activities, including, but not limited to, senior centers, group meals, volunteerism, adult day services, and recreation. See Nebraska Statutes 81-2210
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Compensation: shall mean the total amount paid by the agency for professional services. See Nebraska Statutes 81-1707
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Nebraska Statutes 86-616
- Consulting geologist: means a professional geologist whose principal occupation is the independent practice of geology. See Nebraska Statutes 81-3505
- Consumer: means an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes. See Nebraska Statutes 86-214
- Consumer goods or services: means any tangible personal property, merchandise, or services normally used for personal, family, or household purposes and not for resale or for use or consumption in trade or business. See Nebraska Statutes 86-215
- Consumer telephone call: means a telephone call made by a seller for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes. See Nebraska Statutes 86-216
- Continuance: Putting off of a hearing ot trial until a later time.
- Continuing education: means lifelong learning and training relevant to a licensee's professional practice. See Nebraska Statutes 81-3407
- Continuing education: means the process of training and developing knowledge related to a profession after licensure is attained. See Nebraska Statutes 81-3506
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means the total legal obligation resulting from the parties' agreement as affected by the Uniform Electronic Transactions Act and other applicable law. See Nebraska Statutes 86-617
- Conviction: A judgement of guilt against a criminal defendant.
- Coordinating professional: means a licensee who coordinates, as appropriate, the work of all licensees involved in a project. See Nebraska Statutes 81-3408
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Council: shall mean the Environmental Quality Council. See Nebraska Statutes 81-1538
- Council: shall mean the Environmental Quality Council. See Nebraska Statutes 81-1584
- Council: means the Environmental Quality Council. See Nebraska Statutes 81-15,241
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Custodial care: shall mean the continued observation, monitoring, and care of a facility for a minimum of one hundred years following the operational life of the facility and closure pursuant to the rules and regulations of the department. See Nebraska Statutes 81-1584.01
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dangerous sex offender: means (a) a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of one or more sex offenses, and who is substantially unable to control his or her criminal behavior or (b) a person with a personality disorder which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of two or more sex offenses, and who is substantially unable to control his or her criminal behavior. See Nebraska Statutes 83-174.01
- Decedent: A deceased person.
- Decommissioning: shall mean final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for postoperational care. See Nebraska Statutes 81-1585
- Decorative pole: means an authority pole that is specially designed and placed for aesthetic purposes. See Nebraska Statutes 86-1215
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: shall mean the Department of Environment and Energy. See Nebraska Statutes 81-1537
- Department: shall mean the Department of Environmental Quality. See Nebraska Statutes 81-1586
- Department: means the Department of Environment and Energy. See Nebraska Statutes 81-15,242
- Department: means the Department of Environment and Energy. See Nebraska Statutes 81-15,263
- Department: shall mean the Division of Medicaid and Long-Term Care of the Department of Health and Human Services. See Nebraska Statutes 81-2206
- Department: means the Department of Health and Human Services. See Nebraska Statutes 81-2239
- Department: shall mean the Division of Developmental Disabilities of the Department of Health and Human Services. See Nebraska Statutes 83-1204
- Department: means the Department of Administrative Services. See Nebraska Statutes 86-504
- Dependent: A person dependent for support upon another.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Design: means the preparation of schematics, layouts, plans, drawings, specifications, calculations, and other diagnostic documents which show the features of an architectural or engineering project. See Nebraska Statutes 81-3409
- Developer: shall mean any person or commercial entity seeking to site, license, or operate a facility within this state. See Nebraska Statutes 81-1586.01
- Developmental disability: shall mean a severe, chronic disability, including an intellectual disability, other than mental illness, which:
(1) Is attributable to a mental or physical impairment unless the impairment is solely attributable to a severe emotional disturbance or persistent mental illness. See Nebraska Statutes 83-1205
- Direct supervision: means having full professional knowledge and control over work that constitutes the practice of architecture or engineering. See Nebraska Statutes 81-3411
- Direct supervision: means the degree of supervision by a person overseeing the work of another person by which the supervisor has control over and detailed professional knowledge of the work being done. See Nebraska Statutes 81-3507
- Director: shall mean the Director of Environment and Energy. See Nebraska Statutes 81-1540
- Director: shall mean the Director of Environmental Quality. See Nebraska Statutes 81-1587
- Director: means the Director of Environment and Energy. See Nebraska Statutes 81-15,196
- Director: means the Director of Environment and Energy. See Nebraska Statutes 81-15,243
- Director: means the Director of Environment and Energy. See Nebraska Statutes 81-15,263
- Director: shall mean the Director of Developmental Disabilities of the Division of Developmental Disabilities. See Nebraska Statutes 83-1206
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Disposal: shall mean the isolation and final disposition of radioactive waste from the biosphere by emplacement in a facility that employs technology dictated by a zero-release objective. See Nebraska Statutes 81-1588
- Division: means the division of communications of the office of Chief Information Officer. See Nebraska Statutes 86-407
- Division: means the information management services division of the office. See Nebraska Statutes 86-557
- Docket: A log containing brief entries of court proceedings.
- Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
- Donor: The person who makes a gift.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Nebraska Statutes 86-618
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Nebraska Statutes 86-620
- Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Nebraska Statutes 86-621
- Eligible graduate program: means (a) a program of study offered by an eligible institution which results in obtaining a graduate degree, (b) a graduate course of study leading to an endorsement in a shortage area specified by the State Department of Education, or (c) a graduate course of study leading to approval to teach postsecondary courses by a Nebraska postsecondary educational institution. See Nebraska Statutes 85-3107
- Eligible institution: means a not-for-profit college or university which (a) is located in Nebraska, (b) is accredited by an accrediting agency recognized by the United States Department of Education as determined to be acceptable by the State Board of Education, (c) has a teacher education program, and (d) if a privately funded college or university, has not opted out of the program pursuant to rules and regulations. See Nebraska Statutes 85-3103
- Eligible postsecondary educational institution: means a public or private postsecondary educational institution:
(a) Located in Nebraska. See Nebraska Statutes 85-1906
- Eligible student: means an undergraduate student who:
(1) Is enrolled in an eligible postsecondary educational institution. See Nebraska Statutes 85-1907
- Eligible student: means an individual who (a) is a full-time student, (b) is enrolled in an eligible institution in an undergraduate or a graduate teacher education program working toward his or her initial certificate to teach in Nebraska, (c) if enrolled at a state-funded eligible institution, is a resident student as described in section Nebraska Statutes 85-3103
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Emergency: means any condition or occurrence, actual or threatened, which interferes physically with the conduct of normal business operations at one or more or all of the offices of a financial institution, or which poses an imminent or existing threat to the safety or security of persons or property, or both, including, but not limited to, fire, flood, earthquake, hurricane, wind, rain, snow storm, labor dispute and strike, power failure, transportation failure, interruption of a communication facility, shortage of fuel, housing, food, transportation, or labor, robbery or attempted robbery, actual or threatened enemy attack, epidemic or other catastrophe, riot, civil commotion, and any other act of lawlessness or violence, actual or threatened. See Nebraska Statutes 8-1,124
- Emergency purposes: means any situation affecting the health and safety of a consumer. See Nebraska Statutes 86-240
- Emergency services: means the provision through a public safety agency of firefighting, law enforcement, ambulance, emergency, medical, or other public emergency services, as determined by a local governing body, to respond to and manage emergency incidents. See Nebraska Statutes 86-1007
- Emeritus: means an architect or professional engineer who has relinquished his or her license and who is approved by the board to use the honorary title emeritus. See Nebraska Statutes 81-3412
- Engineer-intern: means a person who has been duly enrolled as an engineer-intern by the board. See Nebraska Statutes 81-3414
- Enterprise: means one or more departments, offices, boards, bureaus, commissions, or institutions of the state for which money is to be appropriated for communications or data processing services, equipment, or facilities, including all executive, legislative, and judicial departments, the Nebraska state colleges, the University of Nebraska, and all other state institutions and entities. See Nebraska Statutes 86-505
- Environment: includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things. See Nebraska Statutes 81-15,197
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Established business relationship: means a prior or existing relationship formed by a voluntary two-way communication between a person and a residential or business telephone subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchase, or transaction by the subscriber regarding products or services offered by the person, which relationship has not been previously terminated by either party. See Nebraska Statutes 86-241
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- Examinee: shall mean the individual who is being examined, tested, or questioned by an examiner or intern for the purpose of verifying truthfulness or detecting deception. See Nebraska Statutes 81-1905
- Examiner: shall mean any polygraph examiner, voice analysis examiner, or any other person, other than an intern, who does any of the following:
(1) Purports to verify truthfulness or to detect deception or to provide a diagnostic opinion regarding such truthfulness or deception through instrumentation or the use of a mechanical device. See Nebraska Statutes 81-1911
- Extended area service: means a telecommunications service which groups two or more exchanges to allow subscribers of one exchange in the group to place and receive two-way switched communications to and from subscribers in one or more other exchanges in the group without an interexchange toll charge. See Nebraska Statutes 86-109
- Extremely hazardous substance: means a substance which meets the threshold requirements identified on the List of Extremely Hazardous Substances under Nebraska Statutes 81-15,198
- Facility: shall mean the land, building, and equipment selected pursuant to the Central Interstate Low-Level Radioactive Waste Compact and used or to be used for the disposal of low-level radioactive waste. See Nebraska Statutes 81-1590
- Facility: means the buildings, equipment, structures, and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person or by any person which controls, is controlled by, or is under common control with such person. See Nebraska Statutes 81-15,199
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Federal act: means the federal Communications Act of 1934, as amended, including the federal Telecommunications Act of 1996, as such acts existed on January 1, 2002. See Nebraska Statutes 86-110
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fee: means a one-time, nonrecurring charge. See Nebraska Statutes 86-1216
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Financial institution: means a bank, savings bank, building and loan association, savings and loan association, credit union, or trust company, or any office thereof, chartered by the department. See Nebraska Statutes 8-1,124
- Firm: shall mean any individual, partnership, limited liability company, corporation, association, or other legal entity permitted by law to practice architecture, engineering, landscape architecture, or land surveying in the state. See Nebraska Statutes 81-1706
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Fund: shall mean the Nebraska Litter Reduction and Recycling Fund. See Nebraska Statutes 81-1539
- Fund: means the Nebraska Telecommunications Relay System Fund. See Nebraska Statutes 86-306
- Fund: means the Nebraska Telecommunications Universal Service Fund. See Nebraska Statutes 86-320
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Geologist: means a person who is qualified to practice geology by reason of special knowledge and use of the earth sciences and the principles of geology and geologic data collection and analysis acquired by geologic education and geologic experience as provided in section Nebraska Statutes 81-3509
- Geologist-intern: means a person who has passed an examination in the fundamentals of geology as provided in section Nebraska Statutes 81-3509.01
- Geology: means the science which includes treatment of the earth and its origin and history, in general. See Nebraska Statutes 81-3510
- Geology means the science which: includes treatment of the earth and its origin and history, in general. See Nebraska Statutes 81-3510
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Good character: means such character as will enable a person to discharge the fiduciary duties of a geologist to his or her client and to the public for the protection of the public health, safety, and welfare. See Nebraska Statutes 81-3512
- Good ethical character: means such character as will enable a person to discharge the fiduciary duties of an architect or professional engineer to his or her client and to the public for the protection of the public health, safety, and welfare. See Nebraska Statutes 81-3416
- Governing body: means the governing body of a village, city, or county. See Nebraska Statutes 81-15,200
- Governing body: means the county board, the city council of a city, the board of trustees of a village, or the board of directors of any rural or suburban fire protection district. See Nebraska Statutes 86-426
- Government certification: means a nontransferable recognition granted to an individual by an occupational board through a voluntary program in which the individual meets personal qualifications established by the Legislature. See Nebraska Statutes 84-935
- Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or a county, municipality, or other political subdivision of a state. See Nebraska Statutes 86-622
- Grantee: shall include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
- Grantee shall: include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
- Greatest economic need: shall mean the need resulting from an income level at or below the poverty level as established by the Office of Management and Budget. See Nebraska Statutes 81-2211.01
- Greatest social need: shall mean the need caused by noneconomic factors, including physical and mental disabilities, language barriers, and cultural, social, or geographic isolation including that caused by racial or ethnic status, which restricts an individual's ability to perform normal daily tasks, which threatens such individual's capacity to live independently, or which interferes with the exercise of rights and privileges. See Nebraska Statutes 81-2211.02
- Gross proceeds: shall mean the total receipts from all sales less expenditures for the purchase of any item in this state for the purpose of recycling such item. See Nebraska Statutes 81-1548.04
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- High-level radioactive waste: shall mean (1) irradiated reactor fuel, (2) liquid wastes resulting from the operation of the first cycle solvent extraction system or equivalent and the concentrated wastes from subsequent extraction cycles or equivalent in a facility for reprocessing irradiated reactor fuel, (3) solids into which such liquid wastes have been converted, and (4) other highly radioactive waste material as defined by the United States Nuclear Regulatory Commission. See Nebraska Statutes 81-1589
- Highway tourism marker: means a marker of a particular style authorized by the commission to designate tourism attractions. See Nebraska Statutes 81-3706.01
- Historic district: means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI. See Nebraska Statutes 86-1217
- Home service provider: means a telecommunications company as defined in section Nebraska Statutes 86-449.01
- Household: means a family unit whose members are related by birth, marriage, or adoption and who share a common living arrangement. See Nebraska Statutes 86-308
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See Nebraska Statutes 86-623
- Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Nebraska Statutes 86-624
- Information technology: means computing and telecommunications systems and their supporting infrastructure and interconnectivity used to acquire, transport, process, analyze, store, and disseminate information electronically. See Nebraska Statutes 86-507
- Information technology clearinghouse: means a service to provide convenient access for the commission and general public to information about best technology practices, referrals for technical assistance, and other information related to the Information Technology Infrastructure Act. See Nebraska Statutes 86-508
- Information technology infrastructure: means the basic facilities, services, and installations needed for the functioning of information technology. See Nebraska Statutes 86-509
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Intellectual disability: means significant subaverage general intellectual functioning which is associated with significant impairments in adaptive functioning manifested before the age of twenty-two years. See Nebraska Statutes 83-1206.01
- Interconnected voice over Internet protocol service: means an interconnected voice over Internet protocol service as defined in Nebraska Statutes 86-1010
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Interexchange service: means the access and transmission of communications between two or more local exchange areas, except for two-way switched communications between local exchanges that are grouped for extended area service. See Nebraska Statutes 86-111
- Intergovernmental data services system: means the installation and use of applications on a computer network that allows for the intergovernmental transfer of data, automation of multijurisdictional functions, and integration of governmental entities that involve multiple locations separated by long distances. See Nebraska Statutes 86-558
- Internet protocol: means the method by which data is sent from one computer to another on the Internet or other networks. See Nebraska Statutes 86-1011
- Internet protocol-enabled service: means any service, capability, functionality, or application provided using Internet protocol, or any successor protocol, that enables a service user to send or receive a communication in Internet protocol format including, but not limited to, voice, data, or video. See Nebraska Statutes 86-1012
- Internet-protocol-enabled service or IP-enabled service: means any service, capability, functionality, or application provided using Internet protocol, or any successor protocol, that enables a service user to send or receive a communication in Internet protocol format, including, but not limited to, voice, data, or video. See Nebraska Statutes 86-111.01
- Intestate: Dying without leaving a will.
- Inventory form: means an emergency and hazardous chemical inventory form required to be prepared by an owner or operator of any facility required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970, Nebraska Statutes 81-15,203
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- LATA: means local access and transport area as defined by Nebraska Statutes 86-114
- Law: means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance. See Nebraska Statutes 86-1218
- Lawful occupation: means a course of conduct, a pursuit, or a profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling them is subject to an occupational regulation. See Nebraska Statutes 84-936
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Least restrictive regulation: means one of the following types of regulation, listed from least restrictive to most restrictive, consistent with the health, safety, and welfare of the public:
(1) Market competition. See Nebraska Statutes 84-937
- Legacy: A gift of property made by will.
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensed facility operator: shall mean any person or entity who has obtained a license under the Low-Level Radioactive Waste Disposal Act to operate a facility, including any person or entity to whom an assignment of a license is approved by the department. See Nebraska Statutes 81-1590.01
- Licensee: means a licensed architect or professional engineer. See Nebraska Statutes 81-3416.02
- Lien: A claim against real or personal property in satisfaction of a debt.
- Likely to engage in repeat acts of sexual violence: means the person's propensity to commit sex offenses resulting in serious harm to others is of such a degree as to pose a menace to the health and safety of the public. See Nebraska Statutes 83-174.01
- List of chemicals: includes each of the following:
(1) A list of the hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970, Nebraska Statutes 81-15,204
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Litter: shall mean all waste material susceptible to being dropped, deposited, discarded, or otherwise disposed of by any person upon any property in the state, but not including the wastes of primary processes of farming or manufacturing. See Nebraska Statutes 81-1541
- Local application: means a computer program intended for use at the local government or state agency level, not of intergovernmental use, serving only limited local needs and proposed to be resident on only a limited part of the system. See Nebraska Statutes 86-559
- Local exchange area: means a territorial unit established by a telecommunications company for the administration of telecommunications service within a specific area generally encompassing a city or village and its environs as described in maps filed with and approved by the commission. See Nebraska Statutes 86-115
- Local governing body: means a county board, city council of a city, board of trustees of a village, board of directors of any rural or suburban fire protection district, or any governing body of an entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. See Nebraska Statutes 86-1013
- Local long-term care ombudsman program: means an entity, either public or private and nonprofit, designated as a local long-term care ombudsman program by the office. See Nebraska Statutes 81-2242
- Low-level radioactive waste: shall mean radioactive waste not classified as high-level radioactive waste, spent nuclear fuel, or byproduct material as defined in subdivision (2) of section Nebraska Statutes 81-1591
- Majoring in a shortage area: means pursuing a degree which will allow an individual to be properly endorsed to teach in a shortage area. See Nebraska Statutes 85-3103
- Manufacturer: shall mean any person engaged in a business activity who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from the sale of tangible personal property which the person has made, produced, manufactured, processed, or fabricated which is within any of the categories listed in section Nebraska Statutes 81-1542
- Material safety data sheet: means the sheet required to be developed under Nebraska Statutes 81-15,205
- Microwireless facility: means a small wireless facility that is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height and with any exterior antenna no longer than eleven inches. See Nebraska Statutes 86-1219
- Mobile home: means a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. See Nebraska Statutes 81-15,279
- Mobile home lot: means a designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants. See Nebraska Statutes 81-15,279
- Mobile home park: means a parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy. See Nebraska Statutes 81-15,279
- Month: shall mean calendar month. See Nebraska Statutes 49-801
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- National Bank Examiner: An employee of the Comptroller of the Currency whose function is to examine national banks periodically to determine the financial position of a bank and the security of its deposits. The examiner also verifies that the bank maintains procedures consistent with federal banking laws and regulations. Source: OCC
- Nebraska postsecondary educational institution: means any Nebraska public postsecondary institution as defined in section Nebraska Statutes 85-3107
- Network: means (1) a legacy telecommunications network that supports basic 911 service and enhanced-911 service or (2) a managed Internet protocol network that is used for 911 calls, that can be shared by all public safety answering points, and that provides the Internet protocol transport infrastructure upon which independent application platforms and core functional processes can be deployed, including, but not limited to, those necessary for providing next-generation 911 service capability. See Nebraska Statutes 86-1014
- Oath: A promise to tell the truth.
- Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Occupational board: means a board, commission, department, or other entity created by state law which regulates providers through occupational regulations. See Nebraska Statutes 84-938
- Occupational license: means a nontransferable authorization in law (1) for an individual to perform exclusively a lawful occupation for compensation based on meeting personal qualifications established by the Legislature and (2) which is required in order to legally perform the lawful occupation for compensation. See Nebraska Statutes 84-939
- Occupational regulation: includes any government certification, registration, and occupational license except as otherwise specifically provided in the Occupational Board Reform Act. See Nebraska Statutes 84-940
- Occupational regulation does not: include (a) business licensure, facility licensure, building permit requirements, or zoning and land-use regulation except to the extent that the same state laws that require a business license, a facility license, a building permit, or zoning and land-use regulation also regulate an individual's personal qualifications to perform a lawful occupation, (b) an occupational license administered by the Supreme Court, or (c) an occupational credential regulated by the Nebraska Commission on Law Enforcement and Criminal Justice. See Nebraska Statutes 84-940
- Office: means any place at which a financial institution transacts its business or conducts operations related to its business. See Nebraska Statutes 8-1,124
- Office: means the office of the state long-term care ombudsman. See Nebraska Statutes 81-2244
- Office: means the office of Chief Information Officer. See Nebraska Statutes 86-555
- Officer: means the Chief Information Officer. See Nebraska Statutes 86-556
- Officers: means the person or persons designated by the board of directors, supervisory committee, or other governing body of a financial institution, to act for such financial institution in an emergency or, in the absence of any such designation or of such officer or officers, the president or any other officer in charge of such financial institution or of such office or offices. See Nebraska Statutes 8-1,124
- Older Americans Act: means the federal Older Americans Act, as amended. See Nebraska Statutes 81-2245
- Older individual: shall mean any individual who is sixty years of age or older, the spouse of an individual who is sixty years of age or older, or, for purposes of employment services, any individual who is fifty-five years of age or older. See Nebraska Statutes 81-2211.03
- Ombudsman advocate: means an employee or a volunteer of the office other than the state long-term care ombudsman or of a local program trained and certified to carry out duties of the office. See Nebraska Statutes 81-2247
- Operational life of the facility: shall mean the period of time commencing when low-level radioactive waste is initially received at the facility and ending when the facility permanently ceases to receive such waste for disposal. See Nebraska Statutes 81-1591.01
- Organization: means a business entity created by law, including, but not limited to, a partnership, limited liability company, corporation, or joint venture. See Nebraska Statutes 81-3418
- Organization: includes a partnership, limited liability company, corporation, or other form of business entity. See Nebraska Statutes 81-3514
- Originating service provider: means an entity that provides the capability for customers to originate 911 calls to public safety answering points. See Nebraska Statutes 86-1020
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Pay-per-call services: means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time-interval charge that is greater than or in addition to the charge for transmission of the call. See Nebraska Statutes 86-261
- Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Peripheral device: means equipment that connects to the system to allow local use and access to applications on the system. See Nebraska Statutes 86-560
- Permit: means a written authorization required by an authority to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or attached to an existing wireless support structure, or to install, modify, or replace a utility pole to support installation of a small wireless facility. See Nebraska Statutes 86-1220
- Person: shall mean any natural person, political subdivision, government agency, public or private corporation, partnership, limited liability company, joint venture, association, firm, or individual proprietorship. See Nebraska Statutes 81-1543
- Person: shall mean any individual, corporation, partnership, limited liability company, firm, association, joint venture, trust, estate, public or private institution, group, public agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, but shall not include federal governmental agencies. See Nebraska Statutes 81-1592
- Person: means any individual or group of individuals, association, partnership, limited liability company, or corporation. See Nebraska Statutes 81-15,271
- Person: shall mean any individual, firm, partnership, limited liability company, association, or corporation. See Nebraska Statutes 81-1906
- person: shall be construed to practice architecture, within the meaning and intent of the Engineers and Architects Regulation Act, if he or she:
(a) Practices the profession of architecture or holds himself or herself out as able and entitled to practice architecture. See Nebraska Statutes 81-3420
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Nebraska Statutes 86-625
- Person: means an individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization, including an authority. See Nebraska Statutes 86-1221
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person who suffers from a mental illness: means an individual who has a mental illness as defined in section Nebraska Statutes 83-174.01
- Person with a personality disorder: means an individual diagnosed with a personality disorder. See Nebraska Statutes 83-174.01
- Personal property: All property that is not real property.
- Personal qualifications: means criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education. See Nebraska Statutes 84-941
- Personal telephone service: means telephone service located in an individual's room and the telephone service account is in the individual's name. See Nebraska Statutes 86-309
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Polygraph: shall mean any mechanical or electronic instrument which uses attached sensors to record psychophysiological responses for the purpose of attempting to determine truth or deception and which records permanently and simultaneously at least three physiological responses. See Nebraska Statutes 81-1907
- Potentially disqualifying conviction: includes a conviction for:
(1) Criminal attempt as provided in section Nebraska Statutes 84-941.01
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Practice of architecture: means providing or offering to provide design services in connection with the construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding the buildings. See Nebraska Statutes 81-3420
- Practice of engineering: means any service or creative work that requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences. See Nebraska Statutes 81-3421
- Practice of geology: means any service or creative work if the adequate performance of the service or work requires geologic education, training, and experience to include such services or creative work as geological consultation, investigation, planning, surveying, mapping, and inspection of geological work, and the responsible supervision thereof, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, and teaching, including research and service, of advanced geological subjects. See Nebraska Statutes 81-3515
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Prepaid wireless telecommunications service provider: means a wireless telecommunications company whose service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount or expiration of time. See Nebraska Statutes 86-320.02
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Primary place of use: means the residential or business street address that is representative of the primary location of the customer's use of a service that includes the provision of 911 service. See Nebraska Statutes 86-429.01
- Primary place of use: means the street address representative of where the use of wireless service primarily occurs. See Nebraska Statutes 86-450.03
- Private certification: means a nontransferable recognition granted to an individual by a private organization through a voluntary program in which the individual meets personal qualifications established by the private organization. See Nebraska Statutes 84-942
- Private examiner: shall mean any examiner who performs or purports to perform the service of attempting to verify truthfulness or detect deception or providing a diagnostic opinion regarding such truthfulness or deception under any circumstances other than as a public examiner. See Nebraska Statutes 81-1912
- Private onsite wastewater treatment system: means any system of piping, treatment devices, or other appurtenances that convey, store, treat, or dispose of domestic or nondomestic wastewater, but not including wastewater from a livestock waste control facility, on the property where it originates or on nearby property under the control of the user, which system is not connected to a public sewer system. See Nebraska Statutes 81-15,244
- Prize: means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. See Nebraska Statutes 86-217
- Prize promotion: means (1) a sweepstakes or other game of chance or (2) an oral or written express or implied representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize. See Nebraska Statutes 86-218
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Professional engineer: means a person who is licensed by the board to practice engineering. See Nebraska Statutes 81-3422
- Professional geologist: means a geologist who has a current certificate of licensure issued by the board. See Nebraska Statutes 81-3516
- Professional services: shall mean those services within the scope of the practice of architecture, professional engineering, landscape architecture, or professional land surveying as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or professional land surveyor in connection with his or her professional employment practice. See Nebraska Statutes 81-1704
- Project: shall mean that fixed capital outlay, study, or planning activity, except renewal work as defined in section Nebraska Statutes 81-1709
- Project: means one or more related activities that require the practice of architecture or engineering for completion. See Nebraska Statutes 81-3422.01
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Provider: means an individual provider of goods or services engaged in a lawful occupation. See Nebraska Statutes 84-943
- Pseudo-automatic number identification: means a feature by which automatic number identification is provided to a public safety answering point of the ten-digit telephone number of the specific cell site or cell site sector from which a wireless call originated. See Nebraska Statutes 86-451
- Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public examiner: shall mean an examiner who performs or purports to perform the service of attempting to verify truthfulness or detect deception or providing a diagnostic opinion regarding such truthfulness or deception exclusively in his or her official capacity as a salaried employee of some agency or political subdivision of the state. See Nebraska Statutes 81-1913
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Public place: shall mean any place or area in the state that is used or held out for use by the public, whether owned or operated by public or private interests. See Nebraska Statutes 81-1544
- Public power supplier: means a public power district or any other governmental entity providing electric service. See Nebraska Statutes 86-1222
- Public safety agency: means any federal, state, or political subdivision entity which provides emergency and public safety services, including medical services, law enforcement services, fire management services, correctional services, and emergency and disaster relief services. See Nebraska Statutes 86-408
- Public safety agency: means an agency which actually provides firefighting, law enforcement, ambulance, emergency medical, or other emergency services. See Nebraska Statutes 86-430
- Public safety agency: means an agency which provides emergency services. See Nebraska Statutes 86-1021
- Public safety answering point: means a twenty-four-hour, local-jurisdiction communications facility which receives 911 service calls and either directly dispatches emergency services or relays calls to the appropriate public safety agency. See Nebraska Statutes 86-431
- Public safety answering point: means a local governmental entity responsible for receiving 911 calls and processing those calls according to a specific operational policy. See Nebraska Statutes 86-1022
- Public service provider: means any political subdivision which employs or appoints an architect or a professional engineer to be in responsible charge of the political subdivision's architectural or engineering work. See Nebraska Statutes 81-3423
- Quorum: The number of legislators that must be present to do business.
- Radioactive material: shall mean any material, solid, liquid, or gas, which emits ionizing radiation spontaneously. See Nebraska Statutes 81-1593
- Rate: means a recurring charge. See Nebraska Statutes 86-1223
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Nebraska Statutes 86-626
- Recreation camp: means one or more temporary or permanent tents, buildings, structures, or site pads, together with the tract of land appertaining thereto, established or maintained for more than a consecutive forty-eight-hour period as living quarters or sites used for purposes of sleeping or the preparation and the serving of food extending beyond the limits of a family group for children or adults, or both, for recreation, education, or vacation purposes, and including facilities located on either privately or publicly owned lands except hotels or inns. See Nebraska Statutes 81-15,271
- Recycling: shall mean the process of separating, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of recovering and reusing the resources contained therein. See Nebraska Statutes 81-1545
- Registration: means a nontransferable registration granted to an individual under which (a) the individual is required to give notice to the government that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides, (b) upon receipt of the notice by the government, the individual may use the term registered as a designated title to engage in a lawful occupation, and (c) such notice is required to engage in the lawful occupation for compensation and is required in order to use the term registered as a designated title to engage in the lawful occupation. See Nebraska Statutes 84-944
- Release: means to spill, leak, pump, pour, emit, empty, discharge, inject, escape, leach, dump, or dispose any hazardous chemical, extremely hazardous substance, or toxic chemical into the environment and includes the abandonment or discarding of barrels, containers, and other closed receptacles containing any such chemical or substance. See Nebraska Statutes 81-15,206
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Representative of the office: means an employee or volunteer designated by the state long-term care ombudsman to fulfill the duties of the office, whether personnel supervision is provided by the state long-term care ombudsman or his or her designee or by an agency hosting a local long-term care ombudsman designated by the state long-term care ombudsman. See Nebraska Statutes 81-2247.01
- Residence service: means telecommunications service which is furnished to a dwelling and which is used for personal or domestic purposes and not for business, professional, or institutional purposes. See Nebraska Statutes 86-116
- Resident: means an individual who resides in a long-term care facility as a patient, resident, or client. See Nebraska Statutes 81-2247.02
- Resource recovery: shall mean a system or process for the recovery of materials or energy from waste material. See Nebraska Statutes 81-1547
- Responsible charge: means the management of the technical and financial aspects of engineering or architectural work through an organization. See Nebraska Statutes 81-3425
- Responsible charge: means direct control, direction, and personal supervision by use of initiative and independent judgment for geological work. See Nebraska Statutes 81-3518
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Retailer: shall mean any person engaged in business who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from the sales of tangible personal property for storage, use, or other consumption or from the business of making sales at auction of tangible personal property owned by the person or others for storage, use, or other consumption of any of the products, including byproducts, falling into the categories listed in section Nebraska Statutes 81-1548.02
- Right-of-way: means the area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in section Nebraska Statutes 86-1224
- Rules and regulations: means rules and regulations adopted and promulgated under the Engineers and Architects Regulation Act by the board. See Nebraska Statutes 81-3426
- Rural public power supplier: means a public power district, a public power and irrigation district, an electric cooperative, or an electric membership association, that does not provide electric service to any city of the metropolitan class, city of the primary class, or city of the first class. See Nebraska Statutes 86-1225
- Secretary: shall mean the Secretary of State for the State of Nebraska. See Nebraska Statutes 81-1904
- Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See Nebraska Statutes 86-627
- Seller: means any person or organization who individually or through salespersons initiates unsolicited consumer telephone calls in order to (1) sell, lease, or rent consumer goods or services, (2) offer gifts or prizes with the intent to sell, lease, or rent consumer goods or services, or (3) represent to a consumer that the consumer has won or will receive a prize by telephonic means or by written notice sent through the mail in which the goods and services and all the material terms of the transaction are not fully described and which require that the consumer contact the seller by telephone to learn about or initiate the transaction. See Nebraska Statutes 86-219
- Senior service center: shall mean a senior center or other community facility that provides ready access to a broad range of community aging services. See Nebraska Statutes 81-2211
- Service of process: The service of writs or summonses to the appropriate party.
- Service supplier: means any person providing 911 service in this state. See Nebraska Statutes 86-432
- Service surcharge: means a charge set by a governing body and assessed on each telephone number or functional equivalent of service users whose primary place of use is within the governing body's designated 911 service area, with the exception of those service users served by wireless carriers as defined in section Nebraska Statutes 86-433
- Service user: means any person who is provided 911 service in this state. See Nebraska Statutes 86-434
- Service user: means any person who initiates a 911 call to receive emergency services. See Nebraska Statutes 86-1023
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Sex offense: means any of the offenses listed in section Nebraska Statutes 83-174.01
- Shortage area: means a secular field of teaching for which there is a shortage, as determined by the State Department of Education, of properly endorsed teachers at the time the borrower first receives funds pursuant to the program. See Nebraska Statutes 85-3103
- Shortage area means a secular field of teaching for which there: is a shortage, as determined by the State Department of Education, of properly endorsed teachers at the time the borrower first receives funds pursuant to the program. See Nebraska Statutes 85-3103
- Small wireless facility: means a wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in height including the antennas or (b) are mounted on structures no more than ten percent taller than other adjacent structures. See Nebraska Statutes 86-1226
- Solicitor: means any person, who is not the seller offering a prize promotion, who represents to an individual that the individual has won or will receive a prize. See Nebraska Statutes 86-220
- Source material: shall mean (1) uranium or thorium or any combination thereof in any chemical or physical form or (2) ores which contain by weight one-twentieth of one percent or more of uranium or thorium or any combination thereof. See Nebraska Statutes 81-1594
- Source separation: shall mean separation by the public from their general refuse of recyclable material. See Nebraska Statutes 81-1548
- Special nuclear material: shall mean (1) plutonium, uranium 233, and uranium enriched in the isotope 233 or in the isotope 235 but does not include source material or (2) any material artificially enriched by any of the foregoing, but shall not include source material. See Nebraska Statutes 81-1595
- Specialized program: shall mean an agency, organization, association, or other entity which provides specialized services. See Nebraska Statutes 83-1207
- Specialized service: shall mean a service provided specifically for persons with developmental disabilities. See Nebraska Statutes 83-1208
- Specialized telecommunications equipment: means any telecommunications device enabling deaf, hard of hearing, or speech-impaired persons to communicate using conventional telephone systems. See Nebraska Statutes 86-310
- Spent nuclear fuel: shall mean irradiated nuclear fuel that has undergone at least one year of decay since being used as a source of energy in a power reactor. See Nebraska Statutes 81-1596
- Sponsor: means any person on whose behalf a solicitor gives a prize but who is not the seller offering a prize promotion. See Nebraska Statutes 86-221
- Stakeholder: means a public safety answering point, a public safety agency, and any person, organization, agency of government, originating service provider, or other organization that has a vital interest in the 911 service system. See Nebraska Statutes 86-1024
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Nebraska Statutes 86-628
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- State long-term care ombudsman: means the person appointed under section Nebraska Statutes 81-2248
- Statewide technology plan: means the plan developed by the commission pursuant to section Nebraska Statutes 86-510
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Student-teaching semester: means a semester of full-time enrollment for clinical practice which provides initial preparation for a student enrolled in an eligible institution and pursuing a certificate to teach that includes a culminating supervised experience to demonstrate competence in the professional teaching role for which such student is applying. See Nebraska Statutes 85-3103
- Student-teaching semester means a semester of full-time enrollment for clinical practice which provides initial preparation for a student enrolled in an eligible institution and pursuing a certificate: includes a culminating supervised experience to demonstrate competence in the professional teaching role for which such student is applying. See Nebraska Statutes 85-3103
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Substantially unable to control his or her criminal behavior: means having serious difficulty in controlling or resisting the desire or urge to commit sex offenses. See Nebraska Statutes 83-174.01
- Summons: Another word for subpoena used by the criminal justice system.
- Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
- Swimming pool: includes a spa, hot tub, or whirlpool or similar device which (a) is designed for recreational use and not to be drained, cleaned, and refilled after each individual use and (b) may consist of elements, including, but not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction systems, or any combination thereof. See Nebraska Statutes 81-15,264
- Swimming pool does not: include an artificial lake, a pool at a private residence intended only for the use of the owner and guests, or a pool operated exclusively for medical treatment, physical therapy, water rescue training, or training of divers. See Nebraska Statutes 81-15,264
- Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
- System: means the intergovernmental data services system. See Nebraska Statutes 86-561
- Tangible personal property: shall mean all tangible personal property except:
(1) Gas, electricity, and water delivered through mains, lines, pipes, or channels to purchasers. See Nebraska Statutes 81-1548.03
- Teacher education program: means a program of study approved by the State Board of Education pursuant to subdivision (5)(g) of section Nebraska Statutes 85-3103
- Technical panel: means the panel created in section Nebraska Statutes 86-511
- Technical submissions: means designs, drawings, specifications, studies, and other technical reports that constitute, or may be prepared in conjunction with, a project. See Nebraska Statutes 81-3427
- Technical submissions: means designs, drawings, specifications, studies, and other technical reports. See Nebraska Statutes 81-3519
- Technically feasible: means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility. See Nebraska Statutes 86-1227
- Telecommunications: means the transmission, between or among points specified by the subscriber, of information of the subscriber's choosing, without a change in the form or content of the information as sent or received. See Nebraska Statutes 86-117
- Telecommunications: means the transmission between or among points specified by the user of information of the user's choosing without change in the form or content of the information as sent and received. See Nebraska Statutes 86-320.01
- Telecommunications common carrier: means a provider of telecommunications service for hire which offers telecommunications service to the general public at large in Nebraska intrastate commerce. See Nebraska Statutes 86-118
- Telecommunications company: means any person, firm, partnership, limited liability company, corporation, association, or governmental entity offering telecommunications service in Nebraska intrastate commerce. See Nebraska Statutes 86-119
- Telecommunications company: means any natural person, firm, partnership, limited liability company, corporation, or association providing telecommunications or telecommunications service for hire in Nebraska without regard to whether such company holds a certificate of convenience and necessity as a telecommunications common carrier or a permit as a telecommunications contract carrier from the commission. See Nebraska Statutes 86-322
- Telecommunications contract carrier: means a provider of telecommunications service for hire, other than as a common carrier, in Nebraska intrastate commerce. See Nebraska Statutes 86-120
- Telecommunications relay system: means a service permitting full and simultaneous communication between deaf, hard of hearing, or speech-impaired persons using specialized telecommunications equipment and other persons using conventional telephone equipment. See Nebraska Statutes 86-311
- Telecommunications service: means the offering of telecommunications for a fee. See Nebraska Statutes 86-121
- Telephone solicitation: means a telephone call or message using an automatic dialing-announcing device for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which call or message is transmitted to any person. See Nebraska Statutes 86-242
- Telephone solicitation does not: include a call or message (a) made to any person with the person's prior express invitation or permission, (b) made to any person with whom the caller has an established business relationship, (c) made by a tax-exempt nonprofit organization, (d) not made for commercial purposes, (e) made for a commercial purpose but which does not include the transmission of an unsolicited advertisement, or (f) placed by a live operator and a prerecorded message is not utilized. See Nebraska Statutes 86-242
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Ten-digit telephone number: means a telephone number assigned to a particular telephone account prefaced by the area code. See Nebraska Statutes 86-454
- Testate: To die leaving a will.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Title III: means the Emergency Planning and Community Right to Know Act pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended. See Nebraska Statutes 81-15,208
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Tourism industry: includes any person or other entity, whether for-profit or not-for-profit, that promotes an activity, an event, or a site which attracts both instate and out-of-state visitors, including, but not limited to, a chamber of commerce, a convention and visitors bureau, the hospitality industry, the food and beverage industry, the hotel industry, a passenger transportation provider, any business or organization engaged in recreational, historical, cultural, artistic, or entertainment pursuits, and any person who owns or operates any such activity, event, or site. See Nebraska Statutes 81-3709.01
- Toxic chemical: means a substance on the list in Committee Print Number 99-169, as amended, of the Senate Committee on Environment and Public Works, titled "Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986" including any revised version as may be made pursuant to section 313 of Title III. See Nebraska Statutes 81-15,209
- Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Nebraska Statutes 86-629
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Transuranic waste: shall mean radioactive waste containing alpha emitting transuranic elements at levels determined by the United States Nuclear Regulatory Commission to be transuranic waste. See Nebraska Statutes 81-1597
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
- Tuition and mandatory fees: means the lesser of the student costs for tuition and mandatory fees for a full-time, resident, undergraduate student for the last completed award year at the eligible postsecondary educational institution or the student costs for tuition and mandatory fees for a full-time, resident, undergraduate student for the last completed award year at the University of Nebraska-Lincoln. See Nebraska Statutes 85-1909
- Undergraduate student: means an individual who has not earned a first baccalaureate or professional degree and is enrolled in a postsecondary educational program which leads to, or is creditable toward, a first baccalaureate degree, associate degree, certificate, diploma, or equivalent. See Nebraska Statutes 85-1910
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
- United States Military: means any active duty or reserve duty component of the armed forces of the United States, any state of the United States, or any territory of the United States. See Nebraska Statutes 84-944.01
- United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
- Unsolicited advertisement: means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission. See Nebraska Statutes 86-243
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- Utility pole: means a pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. See Nebraska Statutes 86-1228
- Venue: The geographical location in which a case is tried.
- Verifiable retail value: means the price (1) at which the solicitor or sponsor can demonstrate that a substantial number of prizes have been sold within the prior twelve months by a person other than the solicitor in the trade area in which the prize notice is given or (2) no more than one and one-half times the amount the solicitor or sponsor paid for the prize. See Nebraska Statutes 86-223
- Violate: shall include failure to comply with. See Nebraska Statutes 49-801
- Voice analysis examiner: shall mean any person, other than an intern, who uses an instrument capable of permanently recording on a graph one or more psychophysiological reactions present in the voice of an examinee for the purpose of attempting to determine truth or deception. See Nebraska Statutes 81-1910
- Voice over Internet protocol service: means an interconnected voice over Internet protocol service as defined in Nebraska Statutes 86-121.01
- voice stress analyzer: shall mean a mechanical or electronic instrument capable of recording the human voice, which detects and measures pitch, amplitude, frequency, and other components of the human voice for the purpose of attempting to determine truth or deception, and whose records are permanently and simultaneously recorded. See Nebraska Statutes 81-1909
- Wholesaler: shall mean any person engaged in business who has annual gross proceeds in this state of at least one hundred thousand dollars resulting from sales at the wholesale level to retailers, other merchants, or industrial, institutional, and commercial users of any tangible personal property falling into any of the categories listed in section Nebraska Statutes 81-1548.01
- Wireless automatic location identification: means a feature by which information is provided to a public safety answering point identifying the location, including the latitude and longitude within the parameters established by the Federal Communications Commission, of a wireless unit originating a call to a public safety answering point. See Nebraska Statutes 86-455
- Wireless carrier: means (1) any carrier of mobile service as referenced in Nebraska Statutes 86-456
- Wireless facility: means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, coaxial or fiber optic cable, regular power supply, and small back-up battery, regardless of technological configuration. See Nebraska Statutes 86-1229
- Wireless facility does not: include (a) the structure or improvements on, under, or within the equipment which is collocated, (b) coaxial or fiber optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna, or (c) a wireline backhaul facility. See Nebraska Statutes 86-1229
- Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider. See Nebraska Statutes 86-1230
- Wireless provider: means a wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider. See Nebraska Statutes 86-1231
- Wireless services: means any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities. See Nebraska Statutes 86-1232
- Wireless services provider: means a person who provides wireless services. See Nebraska Statutes 86-1233
- Wireless support structure: means a structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. See Nebraska Statutes 86-1234
- Wireline backhaul facility: means an above-ground or underground facility used to transport communications services from a wireless facility to a communications network. See Nebraska Statutes 86-1235
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Year: shall mean calendar year. See Nebraska Statutes 49-801