§ 75-110 — Rules and regulations

Nebraska § 75-110

• Jurisdiction: Nebraska
• Ch. 75: Public Service Commission

Text

(1) The Public Service Commission shall adopt and promulgate rules and regulations for the government of its proceedings, including rules of procedure for notice and hearing. The commission shall adopt and promulgate rules and regulations which the commission deems necessary to regulate persons within the commission's jurisdiction. The commission shall not take any action affecting persons subject to the commission's jurisdiction unless such action is taken pursuant to a rule, regulation, or statute.
(2) For purposes of granting or denying a petition for intervention, the commission shall be exempt from section 84-912.02 .

Legislative History

Source: Laws 1963, c. 425, art. I, § 10, p. 1357; Laws 1967, c. 479, § 1, p. 1475; Laws 1993, LB 413, § 2; Laws 1994, LB 414, § 32; Laws 1996, LB 1218, § 37; Laws 2017, LB263, § 80. Cross References: For other provisions for adopting rules and regulations, see Chapter 84, article 9. Annotations: The Public Service Commission has authority to take actions affecting parties subject to its jurisdiction if such action is taken pursuant to a statute. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019). This section does not require the Public Service Commission to engage in rulemaking when defining terms in a federal statute unless the Public Service Commission first considers that such action is necessary. In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002). This section requires the Public Service Commission to promulgate rules only for the government of its proceedings, including rules of procedure for notice and hearing and rules which the commission considers necessary to regulate persons within its jurisdiction. In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002). Commission had right to adopt rule prohibiting tacking of certain authorities and regulating tacking of other authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972). A rate order is not a rule. Ready Mix, Inc. v. Nebraska Railroads, 181 Neb. 697, 150 N.W.2d 275 (1967).