title-433•Neb. Admin. Code tit. 433 — Licensing and Notary Public
Neb. Admin. Code tit. 433 — Licensing and Notary Public
title-433Neb. Admin. Code tit. 433Regulation
Chapter 1 Truth and Deception Examiners
Neb. Admin. Code tit. 433, ch. 1 Truth and Deception Examiners {#sec-433-nac-1 omnilex-key=us-ne-regs-official--title-433--433 NAC 1}
001 DEFINITIONS
For purposes of Chapter I of these regulations:
001.01 "Act" means Neb. Rev. Stat. §§81-1901 through 81-1936 (R.R.S. 2008, R.S.Supp., 2012)
001.02 "Secretary" shall mean the Secretary of State for the State of Nebraska or his or her designee.
001.03 "Examiner" shall mean a polygraph examiner or a voice stress examiner.
001.04 "Polygraph Examiner" shall mean any person, other than an intern who uses an approved polygraph to test or question an examinee for the purpose of attempting to determine truth or deception.
001.05 "Voice Stress 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 purposes of attempting to determine truth or deception.
001.06 "Examinee" shall mean the individual who is being tested, examined, or questioned by an examiner or intern for the purpose of verifying truthfulness or detecting deception.
001.07 "Examination" shall mean a procedure by which a person licensed under this act, using instrumentation prescribed by the act, administers voluntarily to a person tests using instrumentation to verify truth or detect deception, and provides an opinion as to a person's truthfulness or deceptiveness, based upon the tests administered during the examination.
001.08 "Test" shall mean that part of a truth or deception examination during which a person licensed under this act, solicits from a person, responses which will be recorded by instrumentation to measure psychophysiological responses for the purpose of attempting to determine truth or deception.
Annotation: Neb. Rev. Stat. §§81-1901 through 81-1936
002 PROVIDE HEARING PROCEDURE
002.01 To provide rules of procedure for appeals from determinations by the Secretary, his/her appointee or designee in any case in which the legal rights, duties or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing, and where an appeal process has not otherwise been established by state law or agency administrative rule.
002.02 Request for Hearing before the Secretary. Any affected party desiring to appeal a determination of the Secretary, his/her appointee or designee may file a typewritten request for hearing with the Secretary of State. The request shall be on 8 1/2 x 11 inch paper.
002.02A Content. A request for hearing shall contain the following:
002.02A1 The full name, address and telephone number of the person requesting the hearing;
002.02A2 The full name, address and telephone number, if known, of any person whose interests could be affected by the hearing officer's decision, hereafter referred to as an "interested party";
002.02A3 A plain and concise statement of the reasons why the determination of the Secretary, his/her appointee or designee is erroneous;
002.02A4 A certificate showing that a copy of the request for hearing has been mailed, ordinary certified or registered mail, or has been personally delivered to each person listed in section 002.02A2.
002.02B Place and Manner of Filing. A request for hearing may be filed by personal delivery, ordinary mail, or registered or certified mail, addressed to:
Secretary of State
Suite 2300
State Capitol
Lincoln, Nebraska 68509
002.02C Time. The request for hearing must be postmarked or personally delivered to the Secretary within 15 calendar days from the date of the determination which is the subject of the request for hearing. The Secretary may waive the time requirement for good cause shown. A written request for the waiver setting forth the reasons for the delinquency must accompany the request for hearing in order to be considered.
002.02D Service. A copy of the request for hearing must be provided to each person whose interests could be affected by the hearing officer's decision. Service shall be accomplished at any time prior to the filing of the request for hearing in any manner permitted in section 002.02A4.
002.03 Advancement of the Case
002.03A Setting of Hearing
002.03A1 Time and Place. Except as otherwise provided for by statute, the time and place of hearing will be set by the Secretary at his or her discretion.
002.03A2 Notice. The Secretary shall cause written notice to be sent to all interested parties by certified mail to their last known address at least 15 calendar days prior to the hearing. The notice shall include the time and place of the hearing and set forth the issue or issues involved.
002.03A3 Continuances. An interested party who desires a continuance shall, immediately upon receipt of the notice of hearing, or as soon thereafter as facts requiring additional time are known, make a request for continuance of the Secretary, stating in detail the reasons why an extension of time is necessary. For good cause shown the Secretary may grant such a continuance and may at any time order a continuance on his or her own motion. Only under exceptional circumstances will requests for continuance of a hearing be considered unless submitted on or before the seventh calendar day prior to the hearing date.
002.04 Conduct of Hearings
002.04A Hearing Officer. Hearings will be conducted by the Secretary or such hearing officer as the Secretary may designate. The Secretary or hearing officer will open the proceedings, administer oaths or affirmations, act on pleadings not previously filed, receive evidence, rule on motions and objections relating to testimony and evidence, interrogate any witnesses to ascertain additional facts, and close the proceedings.
002.04B Counsel. Any party to the proceeding may be represented by an attorney at law.
002.04C Proceedings. A party to the hearing will be allowed to:
002.04C1 Make an opening statement;
002.04C2 Present evidence;
002.04C3 Cross-examine witnesses;
002.04C4 Present rebuttal evidence; and
002.04C5 Make a closing statement.
002.04D Testimony and Exhibits. The Secretary or hearing officer shall receive all evidence in accordance with the criteria set forth in §84-914 R.R.S. 1943, as amended.
002.04E Findings and Orders. Upon completion of any hearing, the Secretary or hearing officer may take the matter under advisement and the Secretary shall make his or her decision and enter a written Order containing findings of fact and conclusions of law. The hearing officer may assist the Secretary in drafting suggested findings of fact and conclusions of law. The Order and accompanying findings and conclusions shall be served upon each interested party by mailing a copy, certified mail, or by personal delivery.
Disposition of the case may also be made, subject to the approval of the Secretary, by summary judgment, stipulation, agreed settlement, consent order or default.
002.05 Appeals. Except as otherwise provided bylaw, any party may appeal a final order of the Secretary to the district court in accordance with the provisions of S84-917 R.R.S. 1943, as amended.
002.06 Stay Pending Hearing. The filing of a request for hearing shall not automatically stay enforcement of an order issued by the Secretary. The Secretary may order a stay upon motion thereof upon such terms as are deemed appropriate. Motions for stays will generally not be granted in cases where the order being appealed from relates to the enforcement of a statute or regulation pertaining to the health or safety of employees, or the general public.
Annotation: Neb. Rev. Stat. §81-1928 and §81-1931
003 DIVULGING INFORMATION
003.01 An examiner may authorize the monitoring of an examination by, and the divulging of information concerning the examination to, a person engaged in research or education related to conducting truth and deception examinations and may also authorize the monitoring of an examination by, and the divulging of information to a person who has a substantial interest in the examination or the examinee, or both, if the examiner first obtains from such person his or her agreement to abide by the provisions of the act and these rules and regulations, except that no license requirements shall apply to the monitor.
003.02 A person who monitors an examination shall not disclose to any person, except the person requesting the examination, any information divulged by the examinee during a truth and deception examination without first obtaining specific written consent from the examinee, unless otherwise required to do so by law.
Annotation: Neb. Rev. Stat. §81-1902
004 WRITTEN CONSENT FOR DISCLOSURE
004.01 An examiner, his or her agents, or other person shall not divulge any information revealed by an examinee during an examination in explaining or responding to comparison questions introduced for diagnostic purposes without first obtaining the written consent of the examinee, except where such information specifically concerns the objectives of the examination stated and agreed to in advance by the examinee and subject to the provisions of the act and these rules and regulations. However, this shall not be construed as prohibiting lawful disclosure or use of any information concerning additional admissions or explanations volunteered by the examinee during the examination where such admissions or explanations are not responsive to comparison questions.
Annotation: Neb. Rev. Stat. §81-1928
005 EXCHANGE OF INFORMATION
005.01 The exchange of information relative to truth and deception examinations between public law enforcement agencies is permitted.
Annotation: Neb. Rev. Stat. §81-1901 et. al.
006 ADDITIONAL EXCHANGE OF INFORMATION
006.01 The exchange of information relative to truth and deception examinations between examiners licensed under this act is permitted.
Annotation: Neb. Rev. Stat. §81-1901 et. al.
007 PREPARATION OF WRITTEN REPORTS
007.01 An examiner shall, upon the written request of the examinee or the person requesting the examination, prepare a written report of the examination, which shall contain the following:
007.01A A statement of arrangements for the examination including the name of the person requesting the examination, date, time, and location of the examination, type of instrumentation used to administer the examination, and a statement of purpose for the examination.
007.01B The number and type of tests used during the examination.
007.01C The examiner's opinion as to the truthfulness or deception of the examinee, or the examiner's statement that he or she was not able to reach a conclusion about the examinee's truthfulness or deception.
Annotation: Neb. Rev. Stat. §81-1901 et. al.
008 MAINTENANCE OF RECORDS
008.01 An examiner shall, in the case of every truth and deception examination administered by him or her, create and maintain a record for not less than 1 year. Such record shall contain, at a minimum, all of the following:
008.01A Information pertaining to the name of the Person (company, corporation, firm or agency) requesting the examination, date, time, and location of the examination, type of instrumentation used to administer the examination, and a statement of purpose for the examination.
008.01B All written consents and acknowledgements of the examinee as required elsewhere in these rules.
008.01C Information volunteered by the examinee during the pretest or post-test interview that is pertinent to the objectives of the examination.
008.01D The exact wording of the questions asked during the administration of the test series and the examinee's exact answers to those test questions.
008.01E All polygraph and voice stress recordings, including charts, made during the truth and deception examination test. Such recordings and charts shall adequately identify all of the following.
008.01E1 The name of the examinee.
008.01E2 The name of the examiner.
008.01E3 The date, time and location of the test.
008.01E4 The order in which the tests were administered.
008.01E5 The identification of each test question.
008.01E6 The examinee's answer to each test question.
008.01F All pretest interview information volunteered by the examinee relating to the examinee's background, education, health, medical history, and his or her general suitability for the examination.
Annotation: Neb. Rev. Stat. §81-1902
009 RULES OF CONDUCT
009.01 A person conducting a truth and deception examination as prescribed by this act shall, in case of every truth and deception examination, do the following:
009.01A Conduct all examinations in the physical presence of the examinee.
009.01B Personally obtain a written consent from the examinee prior to administering an examination, unless such examination is a requirement of law or judicial ruling. Then obtaining such a release is not required. The consent shall contain as a minimum, all of the following:
009.01B1 The name of the examinee.
009.01B2 The name of the examiner, and license description.
009.01B3 The date, time and location of the examination.
009.01B4 An explanation of the nature and purpose of the examination which has been made by the examiner.
009.01B5 An explanation that the examination is voluntary and that the examinee may discontinue the examination at any time.
009.01B6 The type of instrumentation used to conduct the examinations.
009.01B7 The name of the person, company, corporation, firm or agency requesting the examination.
009.01B8 The name of the person, company, corporation, firm or agency to whom the written results of the examination will be provided.
009.07B9 The signature of the examinee or witnessed mark of the examinee.
009.07B10 The signatures of witnesses, monitors, and interns participating in the examination.
009.01C Develop an opinion concerning an examinee's truthfulness or deception based upon the examination conducted, or an opinion that the examiner could not reach a conclusion from the testing conducted.
009.01D The examiner shall insure the equipment used to conduct a truth and deception examination is maintained in working order, and prior to testing insure that it is in working order.
009.01E An examiner shall, prior to examination, insure the purpose of the examination is not to circumvent or defy the law.
009.01F No examiner shall conduct an examination of any examinee he or she believes, through observation, interview or other credible evidence, to be physically or psychologically unfit for such an examination at the time.
Annotation: Neb. Rev. Stat. §81-1901 et. al.
010 APPLICATION FOR LICENSE
010.01 A person applying for a truth and deception examiner's license under this act shall complete the application for licensing supplied by the Secretary and take a written examination provided by the Secretary.
010.01A The Secretary will provide a time and place for an applicant to take the written examination. All examinations will be given by appointment with the Secretary.
010.01B The licensing fee of $50.00 shall be paid on behalf of the applicant on the date of the examination prior to taking the licensing examination.
010.01C The written examination may consist of multiple choice, true or false, other objective question types, and essay questions. A time limit of two (2) hours shall be observed during the administration of the examination.
010.01D All applicants shall attain not less than 70 percent correct answers on the written examination.
010.01E All applicants shall be notified of the results of the examination by mail not later than 15 days after the examination. The scores of the written examination shall not be released, unless otherwise required to do so by law.
010.01F The $50 fee is not refundable if an applicant fails the written examination, unless otherwise provided by law.
010.01G An applicant may re-take the written examination after a period of 30 days, but not more than 90 days, from the date of the first examination. If the applicant fails the second examination, the applicant must wait six (6) months from the date of the second examination before re-applying, and must re-file a second application form up-dating previous information supplied on the first application.
010.01H The written examination shall cover the following topics:
010.01H1 History
010.01H2 Physiology
010.01H3 Psychology
010.01H4 Instrumentation
010.01H5 Testing Procedures
010.01H6 State Law
010.01H7 Federal Law
010.01I Separate written examinations shall be given for the polygraph and voice stress applicants, with at least half of the questions on each examination worded identically.
010.01J The questions and answers for the written polygraph and voice stress examinations shall not be released, unless otherwise required to do so by law.
010.01K Information contained on a person's application for truth and deception examiner's license shall only be released in accordance with the public records statutes 84-712 to 84-712.09 (R.R.S. 2008, R.S.Supp., 2012), unless otherwise required to do so by law.
010.01L A licensed examiner, under this act, whose license has expired, or whose license has been revoked under provisions of this act, or these rules and regulations, shall be required to complete an application for a license, retake the written examination for a license, and pay all fees required for re-licensing.
Annotation: Neb. Rev. Stat. §81-1915 through 81-1926
011 LISTING OF LICENSES
011.01 The Secretary shall prepare and publish a list of all persons holding valid licenses issued by the Secretary. This list shall include the name and address of the licensee, license number, expiration date, and the type of license issued. Such list shall be available at no charge upon request, and shall be published on the Secretary of State's website and updated on a regular basis.
Annotation: Neb. Rev. Stat. §81-1901 et. al.
012 SCHOOLS OR TRAINING PROGRAMS
012.01 Any school or training program accredited or certified by the American Polygraph Association, the National Institute for Truth Verification, or the National Association of Computer Voice Stress Analysts shall be accepted for approval of their graduates for licensing under this act.
012.02 Any school or training program requesting said school or program be accepted for approval of their graduates for licensing under this act which is not accredited or certified by the American Polygraph Association, the National Institute for Truth Verification, or the National Association of Computer Voice Stress Analysts, shall provide the Secretary with a formal request together with a course outline, the number of hours taught for each subject, the names and professional history of its owners, staff, and instructors, proof the school has met all requirements of the Department of Education for the State of Nebraska, and submit any additional information the Secretary may desire and request, so he or she may determine that the applicant is actually an acceptable training institution. The failure of any such school or training facility to provide the requested information shall result in non-approval of the applicant and no graduate of such school or training facility may be licensed by the Secretary.
Annotation: Neb. Rev. Stat. §81-1918
013 QUALIFICATION OF INTERNS
013.01 A person is qualified to receive a license as an intern if he or she meets the requirements of the act. Before being issued an intern's license, an applicant shall submit a completed license application, provided by the Secretary which shall include the name, address, qualifications, and internship proposal identifying the intern's training supervisor.
013.02 An approved internship or internship training program shall consist of an academic training component and a practical training component, all of the following provisions apply:
013.02A An applicant shall submit to the Secretary satisfactory evidence of enrollment or completion in a course of instruction in the theory and practice of polygraph or voice stress technique.
013.02B The course of instruction referred to in section 13.02A shall be conducted at a polygraph or voice stress school approved by the Secretary.
013.02C The successful completion of the in-house phase of the school's training by an applicant shall be verified by a letter from the training facility.
013.02D To qualify for an examination for a full license, a school shall issue a certificate that an applicant has met all requirements of the school.
013.03 During the course of his or her internship, and subsequent to his or her completion of academic training, an intern shall do all of the following:
013.03A Personally administer not less than 40 polygraph or voice stress examinations, of which not less than 15 shall be specific issue examinations. The first 25 examinations conducted by the intern shall include not less than 5 specific issue examinations, and all 25 examinations shall be supervised on-site by a polygraph or voice stress examiner who holds a current and valid license issued under this act, to act as trainee supervisor. On-site supervision means that a trainee supervisor is personally and immediately available for consultations with the intern and directly observes, either by audio or visual means, or both, the actual conduct of the intern in administering the examination.
013.03B Following the completion of the administration of the first 25 examinations set forth in sub-division (a) of this sub-rule, the intern shall personally administer not less than 15 additional examinations under the supervision of an approved trainee supervisor. The supervision of these additional examinations may, at the discretion of the trainee supervisor, be either direct, on-site supervision or remote supervision.
013.03C The trainee supervisor need not be personally present at the time of the examination, but after the examination the trainee shall provide the trainee supervisor with all relevant data in order that the supervisor may evaluate and critique the intern's performance.
013.04 All interns shall maintain a chronological record of all examinations conducted. Such record shall contain as minimum, all of the following information.
013.04A The name of the examinee.
013.04B The name of the trainee supervisor.
013.04C The date, time and location of the examinations.
013.04D The nature of the examination and whether on-site or remote supervision.
013.04E The number of tests administered during the examination and the intern's opinion on each test.
013.05 From the chronological record, the Secretary may randomly select not less than 10 separate examinations, all records, and supportive data which the intern shall make available to the Secretary for inspection. The intern shall verify that the records called for by the Secretary are complete and are the records pertaining to examinations which the Secretary has requested.
Annotation: Neb. Rev. Stat. §81-1919
014 INTERNSHIP TRAINEE SUPERVISORS
014.01 Internship trainee supervisor status shall be granted for a 24-calendar-month term to an applicant who meets the following minimal requirements and who has applied for this status with the Secretary:
014.01A Holds a current public or private polygraph or voice stress examiner's license in the State of Nebraska.
014.01B Has satisfactorily completed a formal course of instruction in polygraph or voice stress technique approved by the Secretary.
014.01C Has had not less than two (2) continuous years of experience in administering polygraph or voice stress examinations before application for intern trainee supervisor status, during which period he or she personally conducted a minimum of 75 such examinations.
014.01D Provides satisfactory evidence that he or she has done one or more of the following in a 24-calendar-month period immediately before his or her application.
014.01D1 Attended one or more seminars or workshops relating directly with the polygraph or voice stress technique where such workshops or seminars total not less than 16 hours of attendance. Such workshops or seminars shall involve topics related to polygraph or voice stress testing. Satisfactory evidence of attendance and substantive areas covered in such workshops shall be submitted to the Secretary.
014.01D2 Completed not less than 15 semester hours of academic course work at an accredited college or university.
014.01D3 Completed not less than 10 semester hours of academic course work at an accredited college or university, and attended one or more seminars or workshops approved by the Secretary relating directly with the polygraph or voice stress technique, where such workshops or seminars total not less than 6 hours of attendance.
Annotation: Neb. Rev. Stat. §81-1901 et. al.
015 REPORTS TO SECRETARY OF STATE BY SUPERVISOR
015.01 An intern supervisor shall immediately submit written notice to the Secretary, if any of the following occur:
015.01A Any action or inaction by the intern in violation of the act or these rules and regulations.
015.01B Any judgment of the intern supervisor that the internship should be terminated and the reasons therefore.
015.02 An intern supervisor shall submit a report of Internship to the Secretary of State's Office upon completion of the first 25 and 40 examinations by the intern being supervised. Such report shall include, but not be limited to:
015.02A The name of the intern and name of the supervisor.
015.02B The time period covered by the report.
015.02C Subject matter of the examinations, i.e. pre-employment, sexual assault, etc.
015.02D An evaluation and rating of the intern's performance on examinations given during the report period.
015.03 An intern supervisor shall appear before the Secretary of State, provide a verbal report of the intern's progress and answer questions pertaining to the internship for the Secretary of State and the Truth and Deception Examiner's Advisory Board prior to the licensing of the intern as an examiner.
Annotation: Neb. Rev. Stat. §81-1902
016 RENEWAL OF LICENSES
016.01 Prior to December 31 of each year, the Secretary shall notify each public and private licensed examiner that they must renew their license. The Secretary shall provide each licensed examiner with a short form renewal application, which the licensee shall complete and return to the Secretary with a $25 renewal fee prior to December 31st of each year if they wish to remain licensed. The renewal application form will be an affidavit and will contain the necessary information required by the Secretary for license renewal.
016.02 Public and private licenses shall expire on December 31st of each year. A person whose license has expired shall reapply for licensing and meet all requirements of the act and these rules and regulations.
Annotation: Neb. Rev. Stat. §81-1921 and §81-1926
017 ADVISORY BOARD
017.01 The Secretary may at his/her discretion seek the advice and counsel of persons holding valid public and private truth and deception licenses on such matters as the Secretary deems necessary. Further, the Secretary may at his or her discretion create an advisory board of persons holding valid truth and deception licenses of which this board will be made up. The board will be made up of four persons holding polygraph examiner's licenses and four persons holding voice stress examiner's licenses. This board shall serve in a non-paid capacity and at the pleasure of the Secretary of State. Notice of a Board meeting shall be given and meetings shall be held as required by the Nebraska Open Meetings Act. The purpose of the board is to advise the Secretary on points concerning the licensing act. This may include but not be limited to:
017.01A Internship requirements.
017.01B Development of the written examination.
017.01C Development of rules and regulations
017.01D Reviewing applications for intern licenses, examiner licenses, training facilities, and intern trainee supervisor applications.
017.01E To review procedures under which examinations are administered.
017.01F To assist during the investigation of complaints against examiners.
017.01G To conduct on-site inspections of intern examiner's facilities, examiner's facilities for license renewal, and to inspect equipment used for testing to verify the equipment's condition.
017.01H To assist during the administration of the written examinations for licensing.
017.01I To provide technical advice to the Secretary in areas of interest to the administration of the licensing act.
Annotation: Neb. Rev. Stat. §81-1902 and §81-1928
018 MISREPRESENTATION
018.01 A person holding a valid license issued under this act shall not make any willful misrepresentation or false promises or cause to be printed any false or misleading advertisements for the purpose of directly or indirectly obtaining business or interns.
Annotation: Neb. Rev. Stat. §81-1935
019 PROFESSIONAL CONDUCT AND STANDARDS
019.01 All persons who are licensed will conduct themselves at all times as professionals, placed in a unique position of private and public trust, respecting and protecting both the dignity and civil rights of those with whom they have professional dealings; maintaining the highest standards of qualification, taking on no task for which they are not thoroughly prepared; devoting themselves to truth.
Annotation: Neb. Rev. Stat. §81-1901 et. al.
020 APPLICATIONS AND OTHER FORMS
020.01 The following forms shall be available to applications for licensing under the Act:
020.01A Application for Polygraph or Voice Stress Examiner's License.
020.01B Affidavit as to Truthfulness and Completeness.
020.01C Internship Proposal.
020.01D Truth and Deception Examiner's Internship Trainee Supervisor Application.
020.01E Sponsor's Report of Internship.
020.01F Renewal/Extension Application.
020.01G Nonresident Consent for Service of Process.
020.02 The forms listed in this section and attached hereto shall be made available to all applicants for license under the Act and shall be incorporated by reference into these rules and regulations.
History
- Effective 2014-05-25
Chapter 2 Collection Agency Licensing
Neb. Admin. Code tit. 433, ch. 2 Collection Agency Licensing {#sec-433-nac-2 omnilex-key=us-ne-regs-official--title-433--433 NAC 2}
001 DEFINITIONS
For purposes of Chapter 2 of these regulations:
001.01 Solicitor means anyone actively engaged in contacting creditors or prospective clients for the purpose of selling the collection agency’s services and/or anyone collecting on accounts once referred or assigned to a licensed collection agency, solicitor does not mean anyone actively engaged solely in office clerical work for an agency.
001.02 Soliciting means acquiring, or attempting to acquire through advertising or other means, accounts for collection from clients located or doing business in Nebraska.
001.03 Sworn complaint means a written complaint which is notarized or otherwise legally authenticated by oath or affirmation.
001.04 Board means the Nebraska Collection Agency Licensing Board.
001.05 Act means the Nebraska Collection Agency Licensing Act.
001.06 Manager means any employee or owner of a collection agency with comprehensive supervisory authority and responsibilities with the agency; manager does not mean or include those with only limited supervisory authority or responsibilities.
001.07 Application means an application submitted through the Registry in a format approved by the Board.
001.08 Registry means the Nationwide Mortgage Licensing System as defined in Neb. Rev. Stat. § 45-602(4).
002 MEETINGS
002.01 Meetings of the Board will be called by the Secretary of State. Notice for meetings will be given and meetings will be held pursuant to Nebraska Open Meetings Act.
003 APPLICATIONS
003.01 Each application to be considered by the Board will be submitted through the Registry.
003.02 Applications submitted to the Board will contain the information provided below:
003.02A Initial Application for Collection Agency License
003.02A1 Before being considered by the Board, every application for a collection agency license will include the following information and meet the following:
003.02A1i All questions on the application form(s) will be answered, unless otherwise noted on the form.
003.02A1ii All licensing and investigation fees will be paid in advance.
003.02A1iii All instruments used for payments of licensing and investigation fees other than cash will have been paid by the institution they were drawn upon.
003.02A1iv For out of state applicants already doing business outside Nebraska, provide a list of ten customers for reference purposes. If the applicant does not have ten customers, the applicant will provide as many as it currently services.
003.02A1v Personal references for individual and partnership applicants.
003.02A1vi If the applicant is a corporation, limited liability company, or other business entity, a copy of their articles of incorporation, certificate of organization, or other formation document and the name and address of their resident agent.
003.02A1vii If the applicant is a corporation, limited liability company, or other business entity, the Board will verify that the entity is in good standing to conduct business in the state of Nebraska.
003.02A1viii Financial statement of the corporation or business.
003.02A1ix A bond in the amount specified by the Act.
003.02A1x The names and aliases of all solicitors to be initially employed by the agency.
003.02A2 An applicant has ninety (90) days after notice that an application is incomplete to complete their application by providing all necessary documents, information, and fees specified. If the application is not completed within that time, the application will be null and void and the applicant will then need to reapply for licensure, including payment of all fees.
003.02A3 The Board may request any additional information it deems necessary and relevant to the consideration of the applicant's qualifications to conduct collection agency business in this state.
003.02A4 The Board may investigate and verify any information contained in an application.
003.02B Application for Renewal of Collection Agency License:
003.02B1 The date of the application.
003.02B2 The type of business organization.
003.02B3 The name of the agency.
003.02B4 The agency owner(s).
003.02B5 The agency’s business street address.
003.02B6 The agency’s telephone and fax numbers.
003.02B7 The name and street address of the agency’s Nebraska office.
003.02B8 The name and street address of the agency’s contact person for Correspondence.
003.02B9 The name and street address of the agency’s contact person for complaints.
003.02B10 The name(s) and street address(es) of the agency’s general manager(s).
003.02B11 The agency’s trade names and “doing business as” names.
003.02B12 The name and title of the person completing the application.
003.02B13 An original agency bond or continuation certificate in the amount specified by the act submitted.
003.02B14 A statement that the licensee is maintaining records of all consumer payments pursuant to section 007.04.
003.02B15 A statement regarding any disciplinary actions taken against the licensee since the date of last renewal.
003.02C Application for and Renewal of Solicitor's certificate:
003.02C1 The name of the solicitor.
003.02C2 The date of the solicitor's employment with the agency.
003.02C3 Any aliases used by the solicitor.
003.02D Application for and Renewal of Branch Office Certificate:
003.02D1 The date of application.
003.02D2 The name of the branch office.
003.02D3 The street address and telephone number of the branch office.
004 SOLICITORS' CERTIFICATE FORMS
004.01 Solicitors' certificates become null and void upon the lapse, non-renewal, or revocation of the license of the agency using the solicitor as its employee or agent, or upon the termination of the solicitor's employment with the agency they work for.
004.02 The licensee will notify the Board in writing within 90 days upon the termination of employment of an employee holding a solicitor’s certificate.
004.03 The licensee will provide an alphabetical list of new employee(s) which are soliciting or collecting on accounts in Nebraska within 90 days from the date of hire. The list will contain the name(s) of the employee(s) and any alias used along with the date of hire and the solicitor’s fee.
005 LICENSES
005.01 Upon any of the following changes, the licensee will notify the Board in writing of such change within thirty (30) days after its occurrence:
005.01A Change of business name or address, including change of Nebraska office name or address.
005.01B Any changes in the managers or executive officers of a licensed collection agency will be reported to the board in writing. Such report will include:
005.01B1 The name and residential street address of each new manager or executive officer.
005.01B2 The work history and qualifications of each new manager or executive officer.
005.01C Change in ownership of ten or more percent but less than fifty percent of the corporate stock or ownership interest if licensee is a corporation, limited liability company, or other business entity.
005.01C1 The notice required in section 005.01C shall include a list of all owners holding shares or ownership interests in the agency along with the percentage of interest held.
005.02 Licenses are not transferable. Before purchasing a currently licensed collection agency the prospective owner must be licensed. In addition, the following changes require a new license application:
005.02A For a sole proprietorship or partnership, any change in the persons owning the collection agency.
005.02B For a corporation, limited liability company, or other business entity any change of ownership of fifty percent or more of the stock or ownership interest in any one transaction or a cumulative change of ownership of fifty percent or more from the date of the issuance of the license or from the date of the latest renewal of the license.
005.02C Any change of ownership structure, including but not limited to a change to or from a sole proprietorship, partnership, limited liability company, or corporation.
005.02C1 In the case of a change of ownership structure, the licensee will not need to submit the following:
005.02C1i Investigation fee
005.02C1ii If there has been no change in any of the documentation on file with the Board:
-
Officer Interrogatories
-
List of branch offices
-
List of solicitors
005.03 Upon the termination of a license by revocation, expiration, denial, or surrender, the licensee must immediately cease collection activities. All client accounts are to be returned to the clients within forty-five (45) days unless the licensee has written authorization from the client to transfer or assign the account to another collection agency for collection. No later than the end of the forty-five day period, the licensee will file a notarized affidavit with the Board stating its compliance with this rule and providing the names and addresses of all clients for whom it was attempting to collect debts.
All consumer payments received after the revocation, expiration, or surrender of a license will be immediately forwarded in full to the applicable client without the licensee’s retention of any fee or commission.
This rule does not apply to any license voluntarily surrendered in conjunction with the simultaneous issuance of a new license due to any of the changes listed in section 005.02
006 RENEWAL OF AGENCY LICENSE
006.01 A license will only be renewed if the license renewal form along with the appropriate fees and evidence of bond or continuance of current bond in the proper amount is submitted on or prior to December 31 of each year and if the agency is a corporation, limited liability company, limited partnership, or limited liability partnership it is in good standing to do business in Nebraska.
006.02 Every renewal application received by the Board after the December 31 deadline will be considered as an initial license application. Such application will not be considered until the proper application and investigation fees have been paid.
007 INVESTIGATIONS AND FINANCIAL RECORDS
007.01 The Board may verify any and all information received by the Board pursuant to a license or certificate application, complaint, or renewal, by phone, correspondence, or personal interviews conducted by members of the Board or employees or agents of the Board at the direction of the Board. Board members and employees or agents of the Board may be reimbursed for actual and necessary expenses associated with such investigations.
007.02 The Board may request that anyone being investigated pursuant to a license application, complaint, or renewal personally appear before the board to answer questions and concerns related to the application, complaint, or renewal.
007.03 The Board may require a licensee to submit a verified financial statement for examination at any time. The Board may require the verified financial statement be prepared using Generally Accepted Accounting Principles (GAAP) and verified, reviewed, or audited by an independent accountant or Certified Public Accountant.
007.04 Licensees will maintain a record of all collection payments for two (2) years following the date the payment was received. Records of collection payments will include the consumer’s or business’s name, the client’s name, the amounts paid, the dates on which payments were received, the allocation of each payment to, as applicable, principal interest, court costs, attorney fees, other costs, the interest rate, the current balance due, and the date of deposit of the collection payment to the applicable bank account.
008 FAIR DEBT COLLECTION PRACTICES ACT
008.01 The Board will inform each applicant for a collection agency license of the existence of Federal Fair Debt Collection Practices Act. (15 U.S.C. sec. 1692 et. seq.) and will inform each applicant how they can acquire a copy of the Federal Act.
009 MAINTENANCE OF A REGULAR OFFICE IN NEBRASKA
009.01 Failure of a collection agency to maintain a regular office in the state is grounds for revocation of license pursuant to the procedures set forth in these rules and regulations and in the Act.
009.02 The minimum standards for a regular office are a physical location where a manager, officer, employee or agent of the agency maintains regular business hours or other hours as posted in public view at the location. Such office will have actual document records or access to electronically stored document records of all collections and claims involving clients or debtors in the state being handled by the licensee.
009.03 The Board may verify the existence of a regular office for a particular collection agency upon written or verbal notification by any party alleging that such an office does not meet the standards of this section.
010 REVOCATION OR SUSPENSION OF AGENCY LICENSE OR SOLICITOR'S CERTIFICATE
010.01 The Board may, upon an affirmative vote of the majority of the members of the Board and after its own investigation, and will, upon sworn complaint of any person or client of a licensee, cite the licensee or solicitor to appear before it at a time and place as set forth in such citation, to show cause as to why such license should not be suspended or revoked. Such citation will be in writing and set forth the exact charges against the licensee or solicitor. The citation will be served upon the licensee or solicitor at least twenty days prior to the hearing in the same manner that summons of the district courts are served. If the citation is against a solicitor, a true copy of the citation will also be served upon the licensee under whose license the solicitor's certificate was issued.
010.02 In preparation for and the conduct of such hearing the Board may issue subpoenas to require the attendance and testimony of witnesses, the production of any pertinent records, papers, books and documents, may administer oaths, examine witnesses, and take any evidence it deems pertinent to a proper determination of the charge. The party against whom the citation has been issued has the right to obtain from the Secretary of State subpoenas for such witnesses the party may desire to have at such hearing. Depositions may be taken and used at such hearings in the same manner as they are taken and used in the district courts of this state. Witnesses so subpoenaed will receive the same fees as witnesses in the district courts of this state.
010.03 The Board will record the testimony given at the hearing and maintain a file containing such testimony as well as a record of all witnesses who appeared and all documents or items offered as exhibits.
010.04 After such hearing the Board will approve by a vote of a majority of its members a statement of its findings in writing and signed by the Secretary of State. If the Board finds that the cited licensee or solicitor has failed to comply with the Act, or failed to comply with the general intent and purposes of the Act, the Board may revoke such license or certificate, or suspend such license or certificate for a specified time. A certified copy of the findings will be served upon the cited licensee or solicitor by certified mail within five days of the issuance of such findings.
010.05 The Board may make the reinstatement of a suspended license contingent upon satisfactory evidence being produced that the suspended licensee or certificate holder has acted to remedy the situation or action which was cause for the suspension or has taken steps to ensure that the situation or action does not re-occur. Any such requirement will be included in the findings of the Board in addition to such revocation or suspension.
011 APPEALS
011.01 Appeal from a final decision of the Board on any application for a license or certificate that is denied, suspended, or revoked is to be taken in accordance with the Administrative Procedures Act (Neb. Rev. Stat. Sec. 84-901 et. seq.)
012 FEES AND BOND AMOUNT
012.01 In addition to the fees charged by the Registry, license fees payable to the Board are as follows:
012.01A Collection Agency License Fee---$200.00
012.01B Collection Agency License Investigation Fee--$200.00
012.01C Collection Agency Annual Renewal Fee--$75.00
012.01D Branch Office Certificate Initial--$50.00
012.01E Branch Office Certificate Renewal--$35.00
012.01F Solicitor's Certificate (new or renewal)--$1.00
012.02 Fees are not refundable. However, an applicant that is denied a license may request the License Fee be waived upon re-application.
012.03 A corporate surety bond in at least the following amount is required:
012.03A For those agencies having sixteen or more solicitors --$15,000
012.03B For those agencies having five to fifteen solicitors--$10,000
012.03C For those agencies having less than five solicitors--$5,000
012.03D The Board may require a higher bond amount; however, no person will be required to post a bond in excess of one hundred thousand dollars.
History
- Effective 2021-11-01
Chapter 3 Private Detectives
Neb. Admin. Code tit. 433, ch. 3 Private Detectives {#sec-433-nac-3 omnilex-key=us-ne-regs-official--title-433--433 NAC 3}
001 DEFINITIONS
For purposes of Chapter 3 of these regulations:
001.01 Private Licensing Act shall mean Neb. Rev. Stat. §§71-3201 through 71-3213.
001.02 Secret service or private policing business shall mean and include: general investigative work; non-uniformed security services; surveillance services; location of missing persons; and background checks.
001.02A The following activities shall constitute general investigative work:
001.02A1 Investigating the identity, habits, conduct, movements, whereabouts, transactions, reputation, or character of any individual or organization;
001.02A2 Investigating the credibility of witnesses or other individuals;
001.02A3 the location or recovery of lost or stolen property;
001.02A4 Investigating the origin of and responsibility for libels, losses, accidents, or damage or injuries to individuals or property;
001.02A5 Investigating the affiliation, connection, or relationship of any individual, firm, or corporation with any organization, society, or association, or with any official, representative, or member thereof;
001.02A6 Investigating the conduct, honesty, efficiency, loyalty, or activities of employees, individuals seeking employment, agents, or contractors and subcontractors;
The list of activities in subsection 001.02A shall not be construed as exhaustive.
001.02B Background checks shall mean the act of reviewing both confidential and public information to investigate an individual or entity's history, credit standing, general reputation, personal characteristics, or mode of living.
001.03 Secretary shall mean the Secretary of State
001.04 Sole proprietor shall mean an individual owning his own private detective business with no other agents or employees engaged in the private detective work, and shall not include any private detective business owned or operated in whole or in part by a partnership, limited partnership, firm, association, corporation, limited liability company, or other legal entity.
001.05 Plain Clothes Investigator shall mean and include any individual, other than a private detective, who is an employee and on behalf of a private detective agency without any identifying uniform performs services consisting wholly or investigative activity within the scope of the private detective business.
001.06 Private Detective shall mean any individual who as a sole proprietor engages in the private detective business without the assistance of any employee.
001.07 Private Detective Agency shall mean any person who as other than a private detective or a plain clothes investigator engages in the private detective business.
Annotation: Neb. Rev. Stat.§ 71-3201
002 PRIVATE DETECTIVE BUSINESS
002.01 For purposes of the Act advertising or holding oneself out as being engaged in the private detective business shall mean and include:
002.01A Placing advertisements offering private detective, secret service or private policing services.
002.01B Distributing business cards using stationary or letterhead indicating the individual or entity offers private detective, secret service or private policing services.
002.01C Soliciting clients for the purpose of performing private detective, secret service, or private policing services.
002.02 Advertising in state and local publication must be the same as identified on the application form.
002.02A Private detective agency advertising must have a private detective agency license.
002.02B Private detective advertising must be advertising as an individual performing private detective work.
002.02C Plain clothes investigators may only advertise as employees of a private detective agency that they are employed.
Annotation: Neb. Rev. Stat. Sec. 71-3201 and 71-3202
003 APPLICATIONS AND OTHER FORMS
003.01 The following forms are required for licensing under the Act: (Example)
003.01A Application for plain clothes or private detective license
003.01B Voucher for plain clothes investigator
003.01C Application for private detective agency license
003.01D Release of information form
003.01E Instructions for use of fingerprint cards
003.01F Fingerprint card
003.01G Bond Form
003.01H Plain clothes or private detective license renewal form
003.01I Private detective agency renewal form
The forms listed in this section and attached hereto shall be made available to all applicants for license under the Act and shall be incorporated by reference into these rules and regulations.
Annotation: Neb. Rev. Stat. Sec. 71-3205; 71-3207; 71-3208
004 LICENSE APPLICATION REQUIREMENTS
004.01 Before being considered by the Secretary of State, every application for a private detective, private detective agency, or plain clothes investigator license shall include the following information and meet the following requirements:
004.01A All questions on the application form(s) must be answered.
004.01B All licensing and investigation fees must be paid in advance.
004.01C Submission of readable fingerprint cards.
004.01D Submission of a license surety bond for $10,000 (for agency and private detective licenses only).
004.01E Submission of a color photograph 1" by 1 1/2" facial of applicant taken within 90 days of application.
Annotation: Neb. Rev. Stat. Sec. 71-3205 through 71-3207
005 PRIVATE DETECTIVE and PRIVATE DETECTIVE AGENCY LICENSING REQUIREMENTS
005.01 Before being approved by the Secretary of State all applicants for a private detective license or a private detective agency license must meet or exceed the following requirements:
005.01A Minimum of 3000 hours of verifiable investigative experience, or
005.01B A minimum of 2500 hours of verifiable investigative experience if the applicant has completed an associate degree in Criminal Justice, or a closely related field, from an accredited, regionally recognized, degree-awarding university, college or community college, or
005.01C A minimum of 2000 hours of verifiable investigative experience if the applicant has completed a bachelor's degree in Criminal Justice, or a closely related field, from an accredited, regionally recognized, degree-awarding university or college, and
005.01D A minimum score of 80% on the license exam.
005.02 For purposes of section 001 of this chapter, verifiable investigative experience shall mean and include previous investigative experience working as a city, county, state or federal law enforcement officer, military police officer, private investigator in another state, or licensed plain-clothes investigator in this state and may include other relevant investigative experience approved by the Secretary of State.
005.03 If the application is for a private detective agency license, at least one person designated on the application shall meet the requirements of section 001 of this chapter. The person so designated must have overall management responsibility of the day to day affairs and investigations of the agency and oversee or supervise any plain clothes investigators working under the agency license. If the applicant is a corporation the designee shall be an officer or director of the corporation, if the applicant is a limited liability company the designee shall be a member or manager of the limited liability company, if the applicant is a partnership or some other type of business organization the designee shall be a partner or manager. Any officer or managing partner must complete and submit finger print cards for a criminal background check prior to issuance of an agency license.
005.04 In addition to the requirements set forth in these rules, before being approved by the Secretary of State all applicants for a private detective license or a private detective agency license must meet all requirements set forth for licensure under the Private Detective Licensing Act.
005.05 Any person or persons conducting investigations as an employee of a private detective agency license holder must have a plain clothes investigations license.
Annotation: Neb. Rev. Stat. Sec. 71-3205 through 71-3207
006 PLAIN CLOTHES INVESTIGATOR'S LICENSE
006.01 Before being approved by the Secretary of State all applicants for a plain clothes investigators license must meet or exceed the following requirements:
006.01A A minimum score of 80% on the license exam.
006.01B A statement signed by the agency license holder who the plain clothes investigator will be employed by ensuring that each investigator has the necessary knowledge to competently practice in the private investigative business.
006.02 A plain clothes investigator license shall be null and void upon the following circumstances: expiration of agency, termination of employment
006.03 All plain clothes investigators must be employed by a licensed Nebraska private detective agency.
006.04 In addition to the requirements set forth in these rules before being approved by the Secretary of State all applicants for a plain clothes investigators license must meet all the requirements set forth for licensure under the Private Detective Licensing Act.
Annotation: Neb. Rev. Stat. Sec. 71-3201 and 71-3205
007 LICENSE EXAM
007.01 The license exam shall consist of questions aimed at determining whether the applicant has the reasonably necessary knowledge, experience, and competency to engage in and perform the duties of the secret service or private policing business.
007.01A Knowledge of the Nebraska Private Detective Act and laws related to or affecting private detective work, including but not limited to:
007.01A1 Provisions of Neb. Rev. Stat. 71-3201 through 71-3213 the Nebraska private detective licensing act
007.01A2 Basic requirements to become a license holder
007.01A3 Debt collection restrictions
007.01A4 Surety bond requirements
007.01A5 Minimum number of hours of experience to apply for a detective license
007.01A6 Disqualification for application of private detective license
007.01A7 Expiration date of all license holders
007.01A8 Restrictions on duties of plain clothes investigators
007.01A9 Advertising for private detective services
007.01A10 License renewal requirements
007.01A11 Interception of wire of electronic communications (wiretapping)
007.01A12 Trespassing
007.01A13 Carrying a concealed weapon
007.01A14 Provisions of the Nebraska private detective licensing rules and regulations
007.01A15 Intrusion
007.02 The license exam shall be administered at such places and times as the Secretary of State may determine, but in no event shall the test be held more than 30 days after an applicant's request to take the test. Any applicant who does not pass the exam must wait at least 21 days before re-taking the exam. If an applicant does not pass the test after three tries the applicant shall be considered incompetent to receive a license for private investigative work in the State of Nebraska, and shall not be eligible to take the test again. A passing exam score shall be valid for 2 years from the date of examination.
Annotation: Neb. Rev. Stat. Sec. 71-3205
008 FEES
008.01 Application fees for initial and renewal applications shall be as follows:
008.01A Private Detective: $50.00.
008.01B Private Detective Agency: $100.00.
008.01C Plain Clothes Investigator: $25.00.
008.02 A background check application fee of $38 shall be charged in addition to the fees detailed above for each application except that the background check application fee shall not be required upon renewal.
008.03 Fees charged pursuant to this section are non-refundable.
Annotation: Neb. Rev. Stat. Sec. 71-3205
APPENDIX
Title 433 Chapter 3
Application for Plain Clothes or Private Detective License
Voucher for Plain Clothes Investigator
Application for Private Detective Agency License
Release of Information Form
Instructions for Use of Fingerprint Cards
Fingerprint Card
Bond Form
Plain Clothes or Private Detective License Renewal Form
Private Detective Agency Renewal Form
History
- Effective 2014-05-25
Chapter 4 Athlete Agents
Neb. Admin. Code tit. 433, ch. 4 Athlete Agents {#sec-433-nac-4 omnilex-key=us-ne-regs-official--title-433--433 NAC 4}
08 FEES
08.04 The fee for the initial application for registration as an athlete agent is $300. The fee for a renewal application for registration as an athlete agent is $150.
001.02 The fee for a reciprocal application for registration as an athlete agent is $150. The fee for a reciprocal renewal application for registration as an athlete agent is $150.
Annotation: Neb. Rev. Stat. §48-2609
History
- Effective 2014-05-26
Chapter 5 Non-Recourse Civil Litigation Funding Companies
Neb. Admin. Code tit. 433, ch. 5 Non-Recourse Civil Litigation Funding Companies {#sec-433-nac-5 omnilex-key=us-ne-regs-official--title-433--433 NAC 5}
08 FEES
08.04 The fee for the initial application for registration as a civil litigation funding company is $500. The fee for a renewal application for registration as a civil litigation funding company is $200.
Annotation: Neb. Rev. Stat. §25-3308
History
- Effective 2014-05-26
Chapter 6 Notaries Public
Neb. Admin. Code tit. 433, ch. 6 Notaries Public {#sec-433-nac-6 omnilex-key=us-ne-regs-official--title-433--433 NAC 6}
001. DEFINITIONS .
For purposes of Chapter 6 of these regulations:
001.01 Act means Neb. Rev. Stat. §§64-101 through 64-118.
001.02 Applicant means a person who has submitted any of the documents listed in Section 3.
001.03 Application means both the initial and renewal application for Notary Public.
001.04 Form means and includes an application submitted on paper or an application submitted electronically in a digital format approved by the Secretary.
001.05 Malfeasance in office means when a Notary Public (1) fails to follow the requirements and procedures for Notarial acts provided for in statute under Chapter 64, Articles 1 and 2, and this administrative code, (2) fails to respond to written communications or requests from the Secretary, or (3) being convicted of a felony or other crime involving fraud or dishonesty within the last five (5) years.
001.06 Nebraska employer means an entity with an office or regular place of business within the physical boundaries of Nebraska. The Secretary will use a US Postal Service address to determine the physical location of the business.
001.07 Notarial act means an act which the law and regulations of this State authorize Notaries Public of this State to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting documents.
001.08 Notarial certificate or acknowledgement means the section at the end of a document where a Notary Public verifies by notarization that the signor of the document presented satisfactory evidence of identity, appeared in the Notary's presence, and that he or she actually signed the document.
001.09 Notary Public means a person commissioned as a notary public under the Act and Neb. Rev. Stat. § 64-119.
001.10 Regular place of work or business in Nebraska means any place where any person is to work, is working, or customarily works, for gain or reward within the physical boundaries of Nebraska.
001.11 Resident means that the applicant considers Nebraska his or her permanent home, or the place to which he or she intends to return after a period of absence. To meet the residency requirement the applicant must live in Nebraska for more than six (6) months out of the year.
001.12 Secretary means the Secretary of State and his or her designated staff.
Citation: Neb. Rev. Stat. §§64-101 through 64-118.
002. NOTARIAL ACTS .
002.01 Document.
002.01(A) The Notarial certificate or acknowledgement must be completed in its entirety including dates, state and county of notarial act.
002.01(B) Blank or incomplete documents should not be notarized.
002.01(C) Notaries Public may not post-date or pre-date a document.
002.02 Seal.
002.02(A) Notaries Public must affix a clear and legible impression of his or her stamp to a document. The seal and signature may not be affixed over printed material or other signatures on the document.
002.02(B) Notaries Public must obtain a new seal each time the commission is renewed which includes the new commission expiration date.
002.02(C) Notary commissions are issued to an individual regardless of whether or not another business or entity paid the notary application fee, bond, or seal.
002.02(D) The seal should be secured and only accessible by the Notary Public.
002.03 Signature.
002.03(A) The signature on the most recent application or bond, will be used for verification; therefore, the Notary Public should always sign consistently with his or her application or bond signature.
002.04 Notaries Public must be aware of the condition of the signor. Special attention should be given when asked to notarize the signature of a minor child or persons that might not have the capability of understanding the document that they are signing. If the Notary Public reasonably believes the signor does not understand the document, they should refuse to notarize.
002.05 Notaries Public cannot refuse to provide services on the basis of race, color, national origin, religion, sex (including pregnancy), disability, or marital status.
Citation: Neb. Rev. Stat. §§64-101 through 64-118.
003. APPLICATIONS AND OTHER FORMS .
The forms required to obtain and maintain a Notary Public commission will be made available to all applicants on the Secretary of State’s website or upon request.
Citation: Neb. Rev. Stat. §64-102 and §64-109.
004. COMMISSION REQUIREMENTS .
004.01 Before being considered by the Secretary, every initial application for a Notary Public commission must include the following information and meet the following requirements:
004.01(A) All questions on the application form(s) must be answered;
004.01(B) A fee of $30 must be submitted;
004.01(C) A passing examination score;
004.01(D) Submission of a surety bond for $15,000;
004.01(E) U.S. Citizenship Attestation Form; and
004.01(F) Evidence of Employment in Nebraska Form (if applicable).
004.02 Renewal applications must be received no later than the date the commission expires. If received after the expiration date the renewal will be considered an initial application. A renewal application must include the following:
004.02(A) Notary Public Commission Renewal Form;
004.02(B) A fee of $30;
004.02(C) A bond form or bond rider that updates the initial bond;
004.02(D) U.S. Citizenship Attestation Form; and
004.02(E) Evidence of Employment in Nebraska Form (if applicable).
004.03 No appointment will be made if the applicant has been convicted of a felony unless a full pardon has been granted.
004.04 No appointment will be made if the applicant has been convicted of a crime involving fraud or dishonesty within the last five (5) years unless a full pardon has been granted.
004.04(A) A “crime involving fraud or dishonesty” means a violation of, or a conspiracy to violate, a civil or criminal law involving fraud, dishonesty, bribery, perjury, larceny, theft, robbery, extortion, forgery, counterfeiting, embezzlement, misappropriation of property, or any other offense adversely affecting such person's fitness to serve as a Notary Public.
004.04(B) “Conviction within the last five (5) years” means being convicted by a court of law within the last five (5) years from the date the application is received.
004.05 An applicant must be a resident of the State of Nebraska or (1) reside in one of the following states: Colorado, Iowa, Kansas, Missouri, South Dakota, or Wyoming and (2) maintain a regular place of work or business in Nebraska.
004.05(A) Non-resident applicants will be required to submit the form titled "Evidence of Employment in Nebraska" listed under Section 003.01(E).
004.05(B) If an applicant is self-employed a written explanation must be attached to the "Evidence of Employment in Nebraska" form noted above.
Citation: Neb. Rev. Stat. §§64-101 through 64-104.
005. CHANGES TO NOTARY PUBLIC COMMISSION INFORMATION .
005.01 Name Change.
005.01(A) A Notary Public may continue to use his or her current Notary Commission as it was issued until the expiration or termination of such commission. The Notary Public must continue to sign his or her name using the name as listed on the commission certificate.
005.01(B) A Notary Public who has changed his or her name during his or her commission, may update his or her name on his or her Notary Commission by filling out and submitting the “Notary Public Request to Change Record” form along with a new bond form or bond rider that updates the initial bond with his or her new name.
005.01(B)(1) Upon receiving a new commission certificate with his or her new name, the Notary Public must obtain a new seal.
005.01(B)(2) The term of the Notary Public commission will not be changed or extended as a result of the name change.
005.02 Address Change.
005.02(A) A Notary Public must update his or her address when moving by filling out and submitting the "Notary Public Request to Change Record" form within 45 days of moving.
005.02(B) No fee will be assessed for updating address information.
005.03 Employment Change.
005.03(A) If a non-resident Notary Public is terminated from a regular place of work or business in Nebraska, he or she must relinquish his or her Notary Public commission by returning the commission certificate and seal to the Secretary.
005.04 Criminal Conviction Reporting.
005.04(A) A Notary Public who is convicted of a felony or crime involving fraud or dishonesty during his or her commission term must notify the Secretary of this conviction by filling out and submitting the “Notary Public Request to Change Record” within forty-five (45) days after the conviction occurs.
Citation: Neb. Rev. Stat. §64-101, §64-105.04, and §64-114.
006. NOTARY PUBLIC EXAMINATION .
006.01 The Notary Public Examination will consist of questions aimed at determining whether the applicant has the reasonably necessary knowledge, experience, and competency to engage in and perform the duties of a Notary Public. An applicant must score 85% or better to pass the exam.
006.01(A) Knowledge of the Notary Public Act and laws related to or affecting notarial work, including but not limited to:
006.01(A)(1) Provisions of Neb. Rev. Stat. §§ 64-101 through 64-118;
006.01(A)(2) Uniform Recognition of Acknowledgements Act Neb. Rev. Stat §§64-209 through 64-215, and any other relevant statutes; and
006.01(A)(3) These Rules and Regulations.
006.02 The written examination will be an open resources test.
006.03 Each applicant shall have three (3) attempts to take and pass the Notary Public Examination. An applicant who fails the second exam attempt must wait thirty (30) days before taking the third and final exam. An Applicant who fails the examination three (3) times will be considered incompetent to receive a Notary Public commission in the State of Nebraska and will not be eligible to take the exam again.
006.03(A) A passing exam score will be valid for 90 days from the date of examination.
006.03(B) If a passing exam score is not used within 90 days the applicant only has the remainder of prior opportunities to retake the exam.
006.04 The examination may be completed electronically if authorized by the Secretary.
Citation: Neb. Rev. Stat. §64-101.01.
007. ALLEGED MALFEASANCE AGAINST NOTARIES PUBLIC .
007.01 In investigating an alleged malfeasance by a Notary Public, the Secretary must consider the totality of the offense, facts, and circumstances in each individual case.
007.02 Factors Considered.
007.02(A) While evaluating an alleged malfeasance to determine if it should be set for hearing or recommend to a stipulation process, the Secretary may consider a variety of factors, including, but not limited to, the following:
007.02(A)(1) Nature and severity of the act, offense, or crime under consideration;
007.02(A)(2) Number and/or variety of current violations;
007.02(A)(3) Evidence pertaining to the requisite honesty, credibility, truthfulness, and integrity of the Notary Public;
007.02(A)(4) Actual or potential harm to the general public, group, individual, or customer;
007.02(A)(5) History of complaints received by the Secretary; and
007.02(A)(6) Prior disciplinary record or warning from the Secretary.
007.03 Discipline.
007.03(A) Stipulations are a voluntary agreement between the Secretary and Notary Public. A stipulation will be sought in lieu of setting a hearing to simplify the discipline process and provide cost savings to the Secretary.
007.03(A)(1) Stipulations will include the following: (i) statement of facts, (ii) acknowledgment of malfeasance, and (iii) a penalty.
007.03(A)(2) Stipulations must be in writing and signed by the Secretary and Notary Public.
007.03(B) Total Revocation means the Notary Public commission is revoked and cannot ever be reinstated.
007.03(B)(1) The following, nonexclusive list of acts of malfeasance will likely result in the total revocation of a Notary Public commission:
007.03(B)(1)(a) The signor was not in the physical presence of the Notary Public at the time of the Notarial act;
007.03(B)(1)(b) The signor was not personally known to the Notary Public or identified by the Notary Public through satisfactory evidence during the Notarial act;
007.03(B)(1)(c) A Notary Public engaged in the unauthorized practice of law. This would include using the term "notario publico" or any non-English equivalent term in a manner which misrepresents the authority of the Notary Public;
007.03(B)(1)(d) A Notary Public permitting another person to use the Notary Public's official seal or official seal embosser;
007.03(B)(1)(e) A Notary Public being convicted of a felony or crime involving fraud or dishonesty while commissioned; and
007.03(B)(1)(f) A Notary Public fails to respond to written communications or requests from the Secretary within thirty (30) days from the date the written communication or request was sent.
007.03(B)(2) If revoked the Notary Public commission and seal must be returned to the Secretary's office.
007.03(C) Temporary Revocation means a revocation of the Notary Public commission for as little as one month or as long as 4 years.
007.03(C)(1) The following, nonexclusive list of acts of malfeasance will likely result in the temporary revocation of a Notary Public commission:
007.03(C)(1)(a) Notarizing a document in which the Notary Public has a personal interest;
007.03(C)(1)(b) A Notary Public making a materially false statement on the application; and
007.03(C)(1)(c) Failure of the Notary Public to maintain the required bond.
007.03(C)(2) During the revocation the Notary commission and seal must be returned to the Secretary's office.
007.03(D) An Admonishment will be issued to a Notary Public and notated in his or her paper and electronic file when the Secretary feels that the alleged malfeasance rises to the level of warning but not revocation.
007.03(D)(1) The following, nonexclusive list of acts of malfeasance will likely result in an official warning to the Notary Public:
007.03(D)(1)(a) A Notary Public overlooks changing the County or State of the Notarial document; and
1b 007.03(D)(1)(b) A Notary Public Notarizes a document with blanks.
007.03(D)(2) An official admonishment will not hinder the Notary Public from performing his or her duties.
Citation: Neb. Rev. Stat. §§ 64-105, 64-105.01, and 64-113.
008. FEES .
008.01 The application fee is $30.00.
008.02 Notaries Public may charge the following fees for his or her services:
008.02(A) For each protest: $1.00; For recording the same, $2.00;
008.02(B) For each notice of protest: $2.00;
008.02(C) For taking affidavits and seal: $2.00;
008.02(D) For administering oath or affirmation: $2.00;
008.02(E) For each certificate and seal: $5.00; and
008.02(F) For each mile traveled in serving notice based on the rate established by the Department of Administrative Services
Citation: Neb. Rev. Stat. §33-102 and 33-133.
History
- Effective 2023-11-25
Chapter 7 Electronic Notaries Public
Neb. Admin. Code tit. 433, ch. 7 Electronic Notaries Public {#sec-433-nac-7 omnilex-key=us-ne-regs-official--title-433--433 NAC 7}
001. SCOPE .
001.01 The Rules in this Chapter implement the Electronic Notary Public Act, Neb. Rev. Stat. §§ 64-301 through 64-317.
002. DEFINITIONS .
In addition to terms defined in the Electronic Notary Public Act, the following definitions apply for purposes of Chapter 7 of these regulations:
002.01 "Applicant" means a person applying for registration as a Nebraska electronic notary public.
002.02 "Approved Electronic Notary Solution Provider" means a person or entity approved to provide an Electronic Notarization System by the Secretary pursuant to the Electronic Notary Public Act.
002.03 "Biometric Authentication" means proving the identity of a user by verification of the user's identity through technologies that measure and analyze one or more human physiological or behavioral characteristics of the user in order to access and use an Electronic Notarization System. Biometric Authentication technologies include fingerprint scanning devices, retinal scanning devices, and handwriting analysis devices.
002.04 "Electronic Notarization System" means a set of applications, programs, hardware, software, or technology designed to enable an electronic notary public to perform electronic notarizations.
002.05 "Independently Verifiable" means capable of government or third-party authentication of a notarial act, a notary's identity, and a Notary Public’s relevant authority.
002.06 “Notary Public” means a person commissioned as a notary public under Neb. Rev. Stat. §§ 64-101 to 64-119.
002.07 "Password Authentication" means the user enters a secret word, phrase, or symbol set in order to access and use an Electronic Notarization System.
002.08 “Secretary" means the Nebraska Secretary of State and his or her designated staff.
002.09 "Token Authentication" means the use of a physical device in addition to a password or personal identification number ("PIN" ) in order to access and use an Electronic Notarization System. Physical devices used in Token Authentication technologies include magnetic cards or "smart cards" and Universal Serial Bus (USB) memory sticks or "USB keys".
002.10 "Under his or her exclusive control”, for the purposes of the Secretary’s interpretation of Neb. Rev. Stat. § 64-310, means “under the electronic notary public’s sole control” as defined in this Chapter.
002.11 "Under the electronic notary public’s sole control" means accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities, either through being in the direct physical custody of the electronic notary public or through being secured with one or more Biometric Authentication, Password Authentication, Token Authentication, or other authentication technologies in an Electronic Notarization System provided by an Approved Electronic Notary Public Solution Provider approved pursuant to the Electronic Notary Public Act and this Chapter.
003. APPLICATION .
003.01 To qualify for registration as an electronic notary public, an Applicant will need to:
003.01(A) Provide all information needed for registration pursuant to Neb. Rev. Stat. § 64-304;
003.01(B) Hold a valid Nebraska Notary Public commission;
003.01(C) Certify that he or she continues to meet the qualifications of a Notary Public;
003.01(D) Take the course of instruction and pass the examination as stated in Neb. Rev. Stat. § 64-305;
003.01(E) Pay the registration fee; and,
003.01(F) Provide any other information requested by the Secretary to prove the qualifications of the Applicant.
004. REGISTRATION RENEWAL .
004.01 A Notary Public applying to renew his or her registration as an electronic notary public will so indicate on his or her notary public renewal application and pay the fee for registration as an electronic notary public, in addition to the fee for renewal of his or her Notary Public commission.
004.02 If an electronic notary public fails to renew their registration at the same time the Notary Public commission is renewed, he or she will submit a new application for registration and meet all of the requirements of Section 003 of this Chapter to be registered as an electronic notary public.
005. APPROVED COURSE OF STUDY FOR ELECTRONIC NOTARIES PUBLIC .
005.01 The Secretary will administer the training course and testing for Applicants for electronic notary public registration.
005.02 Upon the Secretary's determination of a need for additional instructors, the Secretary may designate a third-party training course for Applicants or appoint certified Notary Public instructors to administer the training course and testing for Applicants for electronic notary public registration.
005.03 A passing score on the examination is 85% or better.
005.04 Each Applicant shall have three (3) attempts to take and pass the electronic notaries public examination. An Applicant who fails the examination three (3) times will be considered incompetent to be registered as an electronic notary public and will not be eligible to take the exam again.
006. ELECTRONIC NOTARY PUBLIC’S ELECTRONIC SIGNATURE .
006.01 The electronic signature of an electronic notary public is to be Independently Verifiable and unique to the electronic notary public.
006.02 The electronic notary public’s electronic signature is to be retained under the electronic notary public’s sole control.
006.03 When the electronic notary public performs an electronic notarization, the electronic signature used by the electronic notary public is to be accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization.
006.04 The electronic notary public’s electronic signature is to be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination.
006.05 An image of the electronic notary public's handwritten signature is to appear on any visual or printed representation of an electronic notary public certificate regardless of the technology being used to affix the electronic notary public's electronic signature.
007. ELECTRONIC NOTARY SEAL .
007.01 The electronic notary seal is to be Independently Verifiable and unique to the electronic notary public.
007.02 The electronic notary seal is to be retained under the electronic notary public’s sole control.
007.03 When the electronic notary public performs an electronic notarization, the electronic seal used by the electronic notary public is to be accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization.
007.04 The electronic notary seal is to be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination.
007.05 An image of the electronic notary public's electronic notary seal is to appear on any visual or printed representation of the electronic notary certificate regardless of the technology being used to affix the electronic notary public's electronic notary seal.
007.06 The perimeter of the electronic notary seal is to contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper.
007.07 The electronic notary seal is to have, within its border, the electronic notary public’s name exactly as commissioned, the words “Electronic Notary Public”, the words “Nebraska” and the commission expiration date.
008. PHYSICAL PRESENCE REQUIREMENT FOR ELECTRONIC NOTARIZATION .
When an electronic notary public performs an electronic notarization, the principal and the electronic notary public must be in each other's physical presence during the entire electronic notarization so that the principal and the electronic notary public can see, hear, communicate with, and give identification documents as stated in Neb. Rev. Stat. § 64-105 to each other without the use of electronic devices such as telephones, computers, video cameras, or facsimile machines.
009. ELECTRONIC NOTARY SOLUTION PROVIDER APPLICATION .
009.01 Any person or entity applying to the Secretary for designation as an Approved Electronic Notary Solution Provider is to complete and submit an application to the Secretary for review and approval before authorizing any electronic notary seals or electronic signatures to Nebraska electronic notaries. The application is to include the following information:
009.01(A) Hardware and software specifications and requirements for the provider's Electronic Notarization System;
009.01(B) A description of the type(s) of technology used in the provider's Electronic Notarization System; and
009.01(C) A demonstration of how the technology is used to perform an electronic notarization.
009.02 An electronic notary solution provider may appeal the Secretary's denial of the provider's application for designation as an Approved Electronic Notary Solution Provider as provided under the Nebraska Administrative Procedures Act, Neb. Rev. Stat. §§ 84-901 through 84-920.
010. CRITERIA FOR APPROVAL OF ELECTRONIC NOTARY SOLUTION PROVIDERS .
010.01 Each Applicant and each Approved Electronic Notary Solution Provider is to:
010.01(A) Provide a free and readily available viewer/reader so as to enable all parties relying on the electronically notarized record or document to view the electronic notary public’s electronic signature and the electronic notary seal without incurring any cost.
010.01(B) Comply with the laws, policies, and rules that govern Nebraska Notaries Public;
010.01(C) Provide an Electronic Notarization System that complies with the technical specifications of the rules and standards that govern electronic notarization processes and procedures in Nebraska;
010.01(D) Ensure the provider's principals or employees take the mandatory electronic notary public education course and pass the examination as is necessary to ensure the provider possesses sufficient familiarity with Nebraska's electronic notary public laws and regulations;
010.01(E) Ensure Notaries Public present evidence of registration to act as an Electronic Notary Public prior to authorizing an electronic notary seal and electronic signature;
010.01(F) Verify the authorization of a Nebraska Notary Public to perform electronic notary acts by confirming through the Secretary or the Secretary’s website should an online listing be made available;
010.01(G) Provide prorated fees to align the usage and cost of the Electronic Notarization System with the commission term limit of the electronic notary public purchasing the electronic notary seal and electronic signature;
010.01(H) Suspend the use of any Electronic Notarization System for any Notary Public whose commission has been revoked, suspended, or canceled by the Secretary ; and
010.01(I) Submit an exemplary of the electronic notary public’s electronic signature and the electronic notary seal to the Secretary for each electronic notary public who subscribes to the provider’s Electronic Notarization System.
011. ELECTRONIC NOTARY SOLUTION PROVIDER CHANGES .
011.01 An electronic notary solution provider is to notify the Secretary within forty-five (45) days of changes, modifications, or updates to information previously submitted to the Secretary.
011.02 An Approved Electronic Notary Solution Provider is to provide notice to the Secretary pursuant to the Electronic Notary Public Act and this Chapter within forty-five (45) days before making available to Nebraska electronic notaries public any updates or subsequent versions of the provider's Electronic Notarization System. The Secretary may remove the designation of the Approved Electronic Notary solution provider if the changes to Electronic Notarization System do not meet the requirements of the Electronic Notary Public Act and this Chapter.
012. [RESERVED] .
013. ACCESS AND USE OF ELECTRONIC NOTARY SEAL AND ELECTRONIC SIGNATURE .
013.01 Neither the employer nor any of the employer's employees or agents may use or permit the use of an electronic notary seal or signature by anyone other than the authorized electronic notary public to whom it is registered.
013.02 Access to electronic notary signatures and electronic notary seals is to be protected by the use of a Biometric Authentication, Password Authentication, Token Authentication, or other form of authentication approved by the Secretary according to the Electronic Notary Public Act and this Chapter.
014. REPORT OF THEFT OR VANDALISM .
014.01 An electronic notary public who is to report, pursuant to Neb. Rev. Stat. § 64-310, the theft or vandalism of his or her electronic signature, electronic notary seal, or electronic record, including the backup record, is to do so in writing to the Secretary within ten (10) days after discovering the theft or vandalism.
014.02 Failure to report the theft or vandalism as required in Neb. Rev. Stat. § 64-310 may subject the electronic notary public to having his or her registration as an electronic notary public removed.
015. RECORD OF ELECTRONIC NOTARIAL ACTS .
015.01 Pursuant to Neb. Rev. Stat. § 64-310, an electronic notary public is to keep a journal of all electronic notarizations he or she performs and will present this journal, or any portion thereof, to the Secretary upon written request.
015.02 The electronic notary public is to maintain this record, and the backup record, for at least ten (10) years after the date of the notarial act.
015.03 An electronic notary public who fails to maintain the record or backup record for the retention period, or fails to timely provide the record upon request by the Secretary, will be subject to having his or her registration removed.
016. REMOVAL OF REGISTRATION .
016.01 An electronic notary public violating the Electronic Notary Public Act or this Chapter is subject to having his or her registration removed.
016.02 Any removal of a registration will be under the removal procedures provided in Neb. Rev. Stat. § 64-113 and 433 NAC 6 007.
017. CHANGE OF ELECTRONIC NOTARY PUBLIC INFORMATION OR REGISTRATION STATUS .
017.01 In addition to complying with Title 433 NAC 6 005, Changes to Notary Public Commission Information, an electronic notary public is to notify the Secretary in writing within forty-five (45) days after changing his or her Approved Electronic Notary Solution Provider.
017.01(A) The new Approved Electronic Notary Solution Provider is to submit an exemplary of the new electronic notary public’s electronic signature and the electronic notary seal to the Secretary for the electronic notary public.
017.02 Failure to timely notify the Secretary may subject the electronic notary public to having his or her registration removed.
018. EXPIRATION OF REGISTRATION; RESIGNATION, CANCELLATION, OR REVOCATION; DEATH OF ELECTRONIC NOTARY PUBLIC; REQUIRED ACTIONS .
An electronic notary public, or his or her duly authorized representative, who is required to certify that he or she has erased, deleted, or destroyed the coding, disk, certificate, card, software, file, password, or program that enables the electronic affixation of the electronic notary public's electronic signature and electronic notary seal, in compliance with Neb. Rev. Stat. § 64-311, is to do so in writing to the Secretary within three months after the registration of the electronic notary public expires, is resigned, canceled, or revoked or upon the death of the electronic notary public.
019. FEES .
The fee for registering or re-registering as an electronic notary public is $100.00.
020. APPLICATIONS AND OTHER FORMS
The forms required to register and maintain a registration as an electronic notary public will be made available to all Applicants on the Secretary’s website or upon request.
History
- Effective 2025-06-23
Chapter 8 Online Notaries Public
Neb. Admin. Code tit. 433, ch. 8 Online Notaries Public {#sec-433-nac-8 omnilex-key=us-ne-regs-official--title-433--433 NAC 8}
001. SCOPE .
001.01 The Rules in this Chapter implement the Online Notary Public Act, Neb. Rev. Stat. §§ 64-401 through 64-418.
002. DEFINITIONS .
In addition to terms defined in the Online Notary Public Act, the following definitions apply for purposes of Chapter 8 of these regulations:
002.01 "Applicant" means a person applying for registration as a Nebraska online notary public.
002.02 "Approved Online Notary Solution Provider" means a person or entity approved to provide an Online Notarization System by the Secretary pursuant to the Online Notary Public Act.
002.03 "Biometric Authentication" means proving the identity of a user by verification of the user's identity through technologies that measure and analyze one or more human physiological or behavioral characteristics of the user in order to access and use an Online Notarization System. Biometric Authentication technologies include fingerprint scanning devices, retinal scanning devices, and handwriting analysis devices.
002.04 "Independently Verifiable" means capable of government or third-party authentication of a notarial act, a notary's identity, and a Notary Public's relevant authority.
002.05 “Notary Public” means a person commissioned as a notary public under Neb. Rev. Stat. §§ 64-101 to 64-119.
002.06 “Online Notarization System" means a set of applications, programs, hardware, software, or technology designed or provided by an Approved Online Notary Solution Provider to enable a Notary Public to perform online notarizations.
002.07 "Password Authentication" means the user enters a secret word, phrase, or symbol set in order to access and use an Online Notarization System.
002.08 "Secretary" means the Nebraska Secretary of State and his or her designated staff.
002.09 "Token Authentication" means the use of a physical device in addition to a password or personal identification number ("PIN") in order to access and use an Online Notarization System. Physical devices used in Token Authentication technologies include magnetic cards or "smart cards" and Universal Serial Bus (USB) memory sticks or "USB keys".
002.10 "Under his or her exclusive control”, for the purposes of the Secretary's interpretation of Neb. Rev. Stat. § 64-410, means "under the online notary public's sole control" as defined in this Chapter.
002.11 "Under the online notary public's sole control" means accessible by and attributable solely to the online notary public to the exclusion of all other persons and entities, either through being in the direct physical custody of the online notary public or through being secured with one or more Biometric Authentication, Password Authentication, Token Authentication, or other authentication technologies in an Online Notarization System provided by an Approved Online Notary Solution Provider approved pursuant to the Online Notary Public Act and this Chapter.
003. APPLICATION .
003.01 To qualify for registration as an online notary public, an Applicant will need to:
003.01(A) Provide all information needed for registration pursuant to Neb. Rev. Stat. § 64-406;
003.01(B) Hold a valid Nebraska Notary Public commission;
003.01(C) Certify that he or she continues to meet the qualifications of a Notary Public;
003.01(D) Take the course of instruction and pass the examination as stated in Neb. Rev. Stat. § 64-404;
003.01(E) Pay the registration fee; and,
003.01(F) Provide any other information requested by the Secretary to prove the qualifications of the applicant.
004. REGISTRATION RENEWAL .
004.01 A Notary Public applying to renew his or her registration as an online notary public will so indicate on his or her notary public renewal application and pay the fee for registration as an online notary public, in addition to the fee for renewal of his or her Notary Public commission.
004.02 If an online notary public fails to renew his or her registration at the same time the Notary Public commission is renewed, he or she will submit a new application for registration and meet all of the requirements of Section 003 of this Chapter to be registered as an online notary public.
005. APPROVED COURSE OF STUDY AND EXAMINATION FOR ONLINE NOTARIES PUBLIC .
005.01 The Secretary will administer the training course and testing for Applicants for online notary public registration.
005.02 Upon the Secretary's determination of a need for additional instructors, the Secretary may designate a third-party training course for applicants or appoint certified Notary Public instructors to administer the training course and testing for Applicants for online notary public registration.
005.03 A passing score on the examination is 85% or better.
005.04 Each Applicant shall have three (3) attempts to take the online notaries public examination. An Applicant who fails the examination three (3) times will be considered incompetent to be registered as an online notary public and will not be eligible to take the exam again.
006. ONLINE NOTARY PUBLIC ELECTONIC SIGNATURE .
006.01 The online notary public’s electronic signature is to be Independently Verifiable and unique to the online notary public.
006.02 The online notary public’s electronic signature is to be retained under the online notary public’s sole control.
006.03 When the online notary public performs an online notarization, the electronic signature used by the online notary is to be accessible by and attributable solely to the online notary public to the exclusion of all other persons and entities for the entire time necessary to perform the online notarial act.
006.04 The online notary public’s electronic signature is to be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or online notarial certificate are observable through visual examination.
006.05 An image of the online notary's handwritten signature is to appear on any visual or printed representation of an online notarial certificate regardless of the technology being used to affix the online notary public's electronic signature.
007. ONLINE NOTARY SEAL .
007.01 The online notary seal is to be Independently Verifiable and unique to the online notary public.
007.02 The online notary seal is to be retained under the online notary public’s sole control.
007.03 When the online notary performs an online notarial act, the online notary seal used by the online notary public is to be accessible by and attributable solely to the online notary public to the exclusion of all other persons and entities for the entire time necessary to perform the online notarial act.
007.04 The online notary seal is to be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or online notary certificate are observable through visual examination.
007.05 An image of the online notary seal is to appear on any visual or printed representation of the online notarial certificate regardless of the technology being used to affix the online notary public’s online notary seal.
007.06 The perimeter of the online notary seal is to contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper.
007.07 The online notary seal is to have, within its border, the online notary public’s name exactly as commissioned, identifying number, and commission expiration date, as well as the words “Online Notary Public” and the word “Nebraska”.
008. PHYSICAL LOCATION OF ONLINE NOTARY PUBLIC DURING PERFOMANCE OF ONLINE NOTARIAL ACT .
When an online notary public performs an online notarial act, he or she must be physically located in the State of Nebraska.
009. ONLINE NOTARY SOLUTION PROVIDER APPLICATION .
009.01 Before issuing any online notary seals or electronic signatures to Nebraska online notaries public, an online notary solution provider will need to be approved by the Secretary.
009.02 To be approved, the online notary solution provider will complete and submit an application to the Secretary. The application is to include the following information:
009.02(A) Hardware and software specifications and requirements for the provider's Online Notarization System,
009.02(B) A description of the type(s) of technology used in the provider's online notarization system, and
009.02(C) A demonstration of how the technology is used to perform an online notarization.
009.02(D) Any other information that the Secretary requests related to the provider’s Online Notarization System.
009.03 An online notary solution provider may appeal the Secretary's denial of the provider's application for designation as an Approved Online Notary Solution Provider as provided under the Nebraska Administrative Procedures Act, Neb. Rev. Stat. §§ 84-901 through 84-920.
010. CRITERIA AND STANDARDS FOR APPROVAL OF ONLINE NOTARY SOLUTION PROVIDERS .
010.01 Each applying and each Approved Online Notary Solution Provider is to:
010.01(A) Provide a free and readily available viewer/reader so as to enable all parties relying on the online notarized record or document to view the electronic signature and the online notary seal without incurring any cost.
010.01(B) Comply with the laws, policies, and rules that govern Nebraska Notaries Public and online notaries public;
010.01(C) Provide an Online Notarization System that complies with the technical specifications of the rules and standards that govern online notarization processes and procedures in Nebraska, including the minimum requirements for credential analysis, identity proofing, and communication technologies;
010.01(D) To ensure the provider possesses sufficient familiarity with Nebraska's online notary public laws and requirements, the individual signing the application on behalf of the online notary solution provider is to take the mandatory online notary public education course and pass the examination;
010.01(E) Ensure notaries public present evidence of registration to act as an online notary public prior to authorizing an online notary seal and electronic signature;
010.01(F) Verify the authorization of a Nebraska Notary Public to perform online notarial acts by confirming through the Secretary or the Secretary’s website should an online listing be made available;
010.01(G) Provide prorated fees to align the usage and cost of the online notary solution with the commission term limit of the Notary Public purchasing the online notary seal and electronic signature;
010.01(H) Suspend the use of any online notary solution for any Notary Public whose commission or registration has been revoked, suspended, or canceled by the Secretary; and
010.01(I) Submit an exemplary of the online notary public’s electronic signature and the online notary seal to the Secretary for each online notary public who subscribes to the provider’s Online Notarization Solution.
010.02 Communication technology provided by the online notary solution provider is to, at a minimum:
010.02(A) Provide for continuous, synchronous audio-visual feeds;
010.02(B) Provide sufficient video resolution and audio clarity to enable the online notary public and the principal to see and speak to each other simultaneously through live, real time transmission;
010.02(C) Provide sufficient captured image resolution for credential analysis to be performed in accordance with the Online Notary Public Act and this Chapter.
010.02(D) Include a means of authentication that reasonably ensures only the proper parties have access to the audio-video communication;
010.02(E) be capable of securely creating and storing or transmitting securely to be stored an electronic recording of the audio-video communication, keeping confidential the questions asked as part of any identity proofing quiz, and the means and methods used to generate the credential analysis output; and
010.02(F) provide reasonable security measures to prevent unauthorized access to:
010.02(F)(i) the live transmission of the audio-video communication;
010.02(F)(ii) a recording of the audio-video communication;
010.02(F)(iii) the verification methods and credentials used to verify the identity of the principal; and
010.02(F)(iv) the electronic documents presented for online notarization.
010.03 Credential analysis provided by an online notary solution provider is to, at a minimum:
010.03(A) Use automated software processes to aid the online notary public in verifying the identity of a principal or any credible witness;
010.03(B) Ensure that the credential passes an authenticity test, consistent with sound commercial practices that:
010.03(B)(i) Use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features;
010.03(B)(ii) Use appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified;
010.03(B)(iii) Use information held or published by the issuing source or authoritative sources, as available, to confirm the validity of personal details and credential details; and
010.03(B)(iv) Provide the result of the authenticity test to the online notary public;
010.03(C) Enable the online notary public to visually compare the following for consistency: the information and photo presented on the credential itself and the principal as viewed by the online notary public in real time through audio-visual transmission.
010.04 Identity proofing provided by an online notary solution provider is to, at a minimum, meet the following:
010.04(A) The principal is to complete a quiz consisting of a minimum of five questions related to the principal’s personal history or identity, formulated from public and proprietary data sources;
010.04(B) Each question is to have a minimum of five possible answer choices;
010.04(C) At least 80% of the questions are to be answered correctly;
010.04(D) All questions are to be answered within two minutes;
010.04(E) If the principal fails his or her first attempt, he or she may retake the quiz one time within 24 hours;
010.04(F) During the retake, a minimum of 60% of the prior questions are to be replaced; and
010.04(G) If the principal fails his or her second attempt, he or she is not permitted to retry with the same online notary public for 24 hours.
010.05 If the principal or online notary public exit the online notary solution or the audio or visual feed is interrupted or terminated, the principal will need to restart the online notarial process from the beginning.
011. ONLINE NOTARY SOLUTION PROVIDER CHANGES .
011.01 An online notary solution provider is to notify the Secretary within forty-five (45) days of changes, modifications, or updates to information previously submitted to the Secretary.
011.02 An approved online notary solution provider is to provide notice to the Secretary pursuant to the Online Notary Public Act and this Chapter within forty-five (45) days before making available to Nebraska online notaries public any updates or subsequent versions of the provider's online notarization system. The Secretary may remove the designation of the Approved Online Notary Solution Provider if the changes to the online notary system do not meet the requirements of the Online Notary Public Act and this Chapter.
012. RESERVED .
013. ACCESS AND USE OF ONLINE NOTARY SEAL AND ELECTRONIC SIGNATURE .
013.01 Neither the employer of an online notary public nor any of the employer's employees or agents may use or permit the use of an online notary seal or electronic signature by anyone other than the authorized online notary public to whom it is registered.
013.02 Access to an online notary public’s signature and online notary seal is to be protected by the use of a password authentication, token authentication, biometric authentication, or other form of authentication approved by the Secretary according to the Online Notary Public Act.
014. REPORT OF THEFT OR VANDALISM .
014.01 An online notary public who is reporting, pursuant to Neb. Rev. Stat. § 64-410, the theft or vandalism of his or her electronic signature, online notary seal, or electronic record, including the backup record, is to do so in writing to the Secretary within ten (10) days after the discovery of the theft or vandalism.
014.02 Failure to report the theft or vandalism as required in Neb. Rev. Stat. § 64-410 may subject the online notary public to having his or her registration as an online notary public removed.
015. RECORD OF ONLINE NOTARIAL ACTS .
015.01 Pursuant to Neb. Rev. Stat. § 64-409, an online notary public is to maintain a secure electronic record of all online notarial acts by the online notary public.
015.02 The online notary public is to maintain this record, and a backup record, for at least ten (10) years after the date of the online notarial act.
015.03 The online notary public will make this record, or any portion thereof, available to the Secretary upon request by the Secretary.
015.04 An online notary public who fails to maintain the record or backup record for the retention period, or fails to timely provide the record upon request by the Secretary, will be subject to having his or her registration removed.
016. REMOVAL OF REGISTRATION .
016.01 An online notary public violating the Online Notary Public Act or this Chapter is subject to having his or her registration removed.
016.02 Any removal of a registration will be under the procedures provided in Neb. Rev. Stat. § 64-113 and 433 NAC 6 007.
017. CHANGE OF ONLINE NOTARY INFORMATION OR REGISTRATION STATUS
017.01 In addition to complying with Title 433 NAC 6 005, Changes to Notary Public Commission Information, an online notary public is to notify the Secretary in writing within forty-five (45) days after any changing Online Notary Systems or Approved Online Notary Solution Providers.
17.01(A) The new Approved Online Notary Solution Provider is to submit an exemplary of the new online notary public’s electronic signature and the online notary seal to the Secretary for the online notary public.
017.02 Failure to timely update this information may subject the online notary public to having his or her registration removed.
018. EXPIRATION OF REGISTRATION; RESIGNATION, CANCELLATION, OR REVOCATION; DEATH OF ONLINE NOTARY PUBLIC; REQUIRED ACTIONS .
018.01 An online notary public, or his or her duly authorized representative, who is required to certify that he or she has erased, deleted, or destroyed the coding, disk, certificate, card, software, file, password, or program that enables the electronic affixation of the online notary public's electronic signature and online notary seal, in compliance with Neb. Rev. Stat. § 64-413, is to do so in writing to the Secretary within three months after the registration of the online notary public expires, is resigned, canceled, or revoked or upon the death of the online notary public.
019. FEES .
The fee for registering or renewing a registration as an online notary public is $50.00.
020. APPLICATIONS AND OTHER FORMS
The forms required to register and maintain a registration as an online notary public will be made available to all Applicants on the Secretary’s website or upon request.
History
- Effective 2025-06-23
Chapter 9 Home Inspectors
Neb. Admin. Code tit. 433, ch. 9 Home Inspectors {#sec-433-nac-9 omnilex-key=us-ne-regs-official--title-433--433 NAC 9}
001 The forms for a home inspector’s Initial Registration or Registration Renewal will be available from the Secretary of State’s Office. The registration fees for the applications are:
- Registration: $300
- Registration Renewal: $150
002 Registrations Are Nontransferable.
002.01 A home inspector’s registration will be cancelled upon any of the following:
002.01(A) The legal entity that the home inspector transacts business under in this state is sold, purchased, transferred, converted, or otherwise put under new ownership or management.
002.01(B) The home inspector converts from an individual to a business entity, converts from an entity to an individual, or converts to a different business entity type.
002.02 A new registration application may be filed thirty days prior to the cancellation of the home inspector’s registration pursuant to section 002.01.
History
- Effective 2024-11-10
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.