Administrative Services

Legal & Compliance Division

Contact Information:

Address

AS Legal Services
1526 K Street
Suite 140
Lincoln, NE 68508

Phone

402.471.1405

Fax

402.471.4157

Email

das.generalcounsel@nebraska.gov

 

Annual Report/Index - PDF

Public Guidance Documents and Rules & Regulations

In the 2016 Legislative Session, the Nebraska Legislature passed LB867 (2016) that requires state agencies to publish an index of the substantive standards created by state agencies that impact the public, and by which the public is expected to abide when interacting with the state agencies. The bill defines what types of information must be provided to the public, the procedures that state agencies must follow to provide the notice, and the public’s right to be involved in the process.

LB867 defines a rule or regulation as any standard of general application adopted by an agency in accordance with the authority conferred by statute and includes, but is not limited to, the amendment or repeal of a rule or regulation.  Rule or regulation shall not include: (a) internal procedural documents used to guide agency staff on organization and operations, (b) guidance documents and (c) forms and their instructions.

Pursuant to the bill, guidance document shall mean any statement developed by an agency which lacks the force of law but provides information or direction of general application to the public to interpret or implement statutes or such agency’s rules or regulations. A guidance document is binding on an agency until amended by the agency. A guidance document shall not give rise to any legal right or duty or be treated as authority for any standard, requirement, or policy.

LB867 also allows the public to request in writing that an agency revise or repeal a guidance document or convert a guidance document into a rule or regulation. The agency then has 60 calendar days after receiving such a request to advise the requestor in writing of its decision to (a) revise or repeal the guidance document (b) initiate a proceeding to consider a revision or repeal of a guidance document, (c) initiate the rulemaking or regulation making process to convert the guidance document into a rule or regulation, or (d) deny the request and state the reason for the denial.

The Guidance Documents and Rules and Regulations of the Department of Administrative Services are listed below along with a summary of the document and links to any decisions issued regarding such documents.

309 Task Force for Building Renewal

No promulgated rules and regulations or public guidance documents.

 

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DAS Human Resources

No promulgated rules and regulations or public guidance documents.

 

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Director of Administrative Services

Title 10 - Department of Administrative Services - Administration Rules & Regulations

Chapter 20 - Rules of Practice and Procedure

  • 20-001 - These rules describe the procedures applied by the Department of Administrative Services (DAS) to respond to issues over which the Department authority.
  • 20-002 - Contains the definitions related to this chapter.
  • 20-003 - States the address (outdated) and hours of operation for DAS.
  • 20-004 - This subsection describes how to file, amend, or withdraw, documents, pleadings, and correspondence with the DAS.
  • 20-005 - Describes how an individual can request through a petition that DAS promulgate, amend or repeal any rule or regulation subject to the authority and jurisdiction of DAS.  The subsection specifically describes the director’s obligations, the hearing procedures and processes, and the notice that must be provided to the petitioner once a decision is made.
  • 20-006 - This addresses how a person files a claim with DAS for damage, loss or injury.  It discusses the content of the claim, the claimant's right to representation, time limits for filing claims, the claimant’s ability to amend the claim, and the claimant’s right to a hearing.  The subsection explains the administrative procedures for the hearing, including the necessity to maintain a record, and provide the claimant the findings and Order of the Director.
  • 20-007 - Describes the DAS Director’s authority to conduct an investigation if it is necessary to properly perform the duties of DAS. This subsection allows the Director to order a hearing as a part of the investigation, establishes the rules of evidence and procedure, and provides for notice to witnesses.
  • 20-008 - This subsection explains how an interested person files a petition with DAS for a declaratory ruling with respect to the applicability of any rule or statute that is subject to the authority or jurisdiction of DAS, to a person, a property, or a state of facts. The rule also describes the standard for granting a hearing on the petition, provisions for the notice of hearing, procedures for the hearing, the rules of evidence and procedure, the procedure for the Director to issue a ruling, and the petitioner’s right to notice of the decision.

 

 

Title 12 - Department of Administrative Services, Rules & Regulations Concerning the Approval of Contracts for Personal Services

Chapter 1 - Approval of Contracts for Personal Services

  • These rules were adopted pursuant to the provisions of sections 73-301 through 73-306 and describe the Director’s approval process for personal service contracts that displace a state employee.  The rule describes the requesting agencies obligations and the information the agency must submit to the director.  It also discusses the requirement to have a Plan of Assistance for the displaced employee.

 

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Employee Relations

No promulgated rules and regulations or public guidance documents.

 

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Materiel Division

Title 9 - Materiel Division Rules & Regulations

These rules and regulations were adopted pursuant to Materiel Division statutory authority regarding procurement. The rules provide detail on the State Purchasing Bureau Bidder’s List, methods of procurement, standard conditions and terms of competitive bid solicitations and offers, awarding of contracts, and the execution of contracts.

Chapter 1 – State Purchasing Bureau Bidders List

  • This chapter describes to vendors the instructions on how to be placed on the State Purchasing Bureau Bidders' List. It also provides reasons on which vendors can be removed by State Purchasing from the Bidders List.

Chapter 2 – Method of Procurement

  • This chapter describes the four types of procurement methods: Competitive Formal Sealed Bids, Informal Competitive Bids, Contract Procurements and Direct Purchases.

Chapter 3 – Standard Conditions and Terms of Competitive Bid Solicitation and Offer

  • This chapter provides terms and conditions and standard processes for the Materiel Division procurement processes.

Chapter 4 – Awarding of Contract

  • This chapter provides information to vendors regarding the rules of awarding a contract. This chapter gives information on how the State of Nebraska defines the lowest responsible bidder, method of award, tie bids and preference, bid rejection, grievance, and notifications of awards.

Chapter 5 - Execution of Contract

  • This chapter details the rules pertaining to packing, delivery acceptance, performance and default, assignment of purchase order, acts of subcontractors, nondiscrimination, strikes, lockouts or acts of God, and the cancellation of purchase orders.

 

State Purchasing Bureau Protest/Grievance Procedures

The Standard Protest/Grievance Procedures for Vendors details the procedures and instructions for vendors to protest a commodity or service contract awarded through DAS – Materiel Division – State Purchasing Bureau.  Such instructions include deadlines, contact information for where to submit protests/grievances and what to include in any protest/grievance.

 

State Purchasing Bureau Vendor Manual

The Vendor Manual provides guidance to vendors with basic information regarding how to bid on solicitations for the State of Nebraska. The Manual provides detail on various procurement methods used by State Purchasing Bureau, provides a general overview of the processes for procuring goods and services, and discusses the process for awarding a contract, as well as protests/grievances and Vendor Performance Reports.  This document is not an all-inclusive manual.

 

Vendor Application and Instructions

The Vendor Application and Instructions details for vendors the process and the form necessary for inclusion on the State Purchasing Bureau’s Bidders List, along with instruction on how to become a registered vendor. It also provides instruction on how to change vendor information such as an address change or any additions/deletions in provided commodities.

 

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Office of the Capitol Commission

Title 6 - Office of the Capitol Commission, Rules and Regulations Governing Use of the State Capitol, Lincoln, Nebraska

These rules and regulations govern the use of public spaces of the State Capitol and Grounds.

 

Campaigning Guidelines

Guidelines for conducting political campaign activities at the Nebraska State Capitol.

 

Drone and UAV Guidelines

Guidelines for use of drones and Unmanned Aerial Vehicles at the Nebraska State Capitol.

 

Exterior Lighting Guidelines

Guidelines for lighting the exterior of the Nebraska State Capitol.

 

Family Photo Guidelines

Guidelines for photography of family groups in the Nebraska State Capitol.

 

First Floor Display Guidelines

Guidelines for groups wishing to place displays in the first floor rotunda of the Nebraska State Capitol.

 

Leafletting Guidelines

Guidelines for in person distribution of printed materials at the Nebraska State Capitol.

 

News Conference and Rally Guidelines

Guidelines for groups wishing to hold a news conference or rally at the Nebraska State Capitol.

 

Printed Material Distribution Guidelines     

Guidelines for the passive distribution of printed material in the Nebraska State Capitol.

 

Promenade Deck Access Guidelines   

Guidelines for public access to the Capitol Promenade Deck.

 

Second Floor Rotunda Program Guidelines

Guidelines for groups wishing to hold programs or ceremonies in the 2nd floor rotunda of the Nebraska State Capitol.

 

Smoking Guidelines

Guidelines for smoking and the use of tobacco products at the Nebraska State Capitol.

 

Wedding Guidelines

Guidelines for holding a wedding in the Nebraska State Capitol.

 

Wedding Photography Guidelines

Guidelines for photography of wedding groups in the Nebraska State Capitol.

 

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Office of the Chief Information Officer

No promulgated rules and regulations or public guidance documents.

 

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Risk Management

State Claims Board Rules and Regulations

These rules and regulations govern the State Claims Board and how claims against the State are required to be filed, verified, approved, denied, awarded, etc. as well as the rules governing the meetings of the State Claims Board.

 

Foster Parent Claim Form

This form is used by Parents involved in the Foster Parent Program through the Dept. of Health and Human Services to make a claim against the State.

 

Tort & Miscellaneous Claim Form

This form is used by individuals making a tort claim or a miscellaneous claim against the State.

 

Uncashed Warrant Claim Form

This form is used by individuals who require the reissuance of an uncashed warrant by the State.

 

Affidavit Regarding Lost of Missing State Warrant

This Affidavit is used in conjunction with the Uncashed Warrant Claim Form in making a claim for a lost or missing state warrant.

 

Contract Claim Form

This form is used by individuals/entities making a claim of breach of contract against the State.

 

 

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State Accounting Division

Title 10 - Department of Administrative Services - Social Security Bureau Rules & Regulations

Chapter 1 - Election Official Exclusion

  • 1-001 - Outdated as written. (Current Exclusion: Wages of less than $1000.00 per year are now excluded wages per a subsequent modification outside this regulation).

Chapter 2 - Student Exclusion

  • 2-001 - Excludes university student wages from social security taxes during the school year.

 Chapter 3 - Due Dates

  • 3-001 - Obsolete
  • 3-002 - Obsolete

Chapter 4 - Record Inspection

  • 4-001 - Obsolete

 

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State Budget Division

No promulgated rules and regulations or public guidance documents.

 

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State Building Division

Title 7 - Department of Administrative Services - Building Division Rules & Regulations

Chapter 1 – Rules and Regulations Governing the Parking of Motor Vehicles on Approaches to the Capitol Grounds and on the Lands Adjacent to the Capitol Grounds

  • This chapter describes the parking and traffic regulations as they pertain to the Capitol Grounds and adjacent areas, as well as the enforcement methods available for any violation of such rules.  The rules lay out general rules and regulations for state parking facilities and where any complaints can be directed.

Chapter 2 – Leasing Privately Owned Real Property (Click here for current version)

  • This chapter outlays the procedures to be used as a guideline by all state agencies, boards or commissions when leasing storage and/or office space to include public notice requirements, requests for proposal and contracting requirements.

Chapter 3 – Regulations Governing the Standards and Specifications to Make All Applicable Buildings and Facilities Accessible to and Functional for the Physically Handicapped

  • This chapter outlays the rules and regulations established by the Public Buildings safety Advisory Committee to govern the standards and specifications to make all applicable buildings and facilities accessible to and functional for the physically handicapped.

Chapter 4 – Policies Governing the Installation and Operation of Concessions, Vending Machines, and Cafeterias

  • This chapter describes the authority and policy of the installation and operation of concessions, vending machines and cafeterias for the convenience of state officers and employees in the State Capitol or buildings leased when such space is not needed for public use.

Chapter 5 – Rules and Regulations Governing Use of the State Capitol Building, Lincoln, Nebraska

  • This chapter is obsolete and OCC has rules and regs and jurisdiction over the Capitol.

Chapter 6 – Rules and Regulations Governing the use of State Office Building, 301 Centennial mall South, Lincoln, Nebraska

  • These rules and regulations govern the use of the State Office Building located at 301 Centennial Mall South, Lincoln, Nebraska.

Chapter 7 – Rules and Regulations Governing Procedures for Facility Construction Projects

  • These rules and regulations govern the procedures used in the capital construction process as well as the process for professional consultant selection and the Comprehensive Capital Facilities Plan.

 

External Leasing Manual

The External Leasing Manual outlays the guidelines and process for code agencies for the planning and procurement of leased space.

 

Parking Manual

Manual outlaying external parking process, policy, pertinent statutes and parking forms used for such processes and policies and policies.

 

Procedural Manual for Capital Construction

This Manual is designed to assist State agencies, State Building Division, the professional consultants and building construction industry in understanding and implementing procedures required for successfully processing a capital construction project for the State of Nebraska.

 

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State Personnel

Title 273 – State of Nebraska Classified Personnel System Rules & Regulations

The Classified System Personnel Rules & Regulations are intended to establish the necessary procedures to assure reasonably uniform and consistent personnel practices throughout State government, and to meet statutory requirements.  Items addressed include topics related to employment practices and the management of personnel, such as employee recruitment and selection, employment policies, classification and compensation of positions, probationary periods, performance management, work schedules, leave, reduction in force, discipline, and grievances.

Chapter 4 – Employee Recruitment and Selection

  • This chapter outlines the recruitment, posting and application process, as well as when interview expenses may be reimbursed, and the agency selection process.  The chapter also discusses the Employment Eligibility Verification process and the Veteran’s Preference as provided in State statute.

Chapter 5 - Temporary Employment

  • This chapter lists the authority through State Statute 81-1307 and outlines AS/State Personnel Division as the clearinghouse for all State temporary employment.  It provides rules for benefits, as well as monitoring length of service, termination, grievance rights, compensation, overtime, maintenance of personnel records and reporting.

 

Applicant User Guide

Applicant’s instructions on how to apply for jobs/positions with the State of Nebraska.

 

State of Nebraska Classification & Pay Plan

The Classification & Pay Plan provides, on a yearly basis, the updated job classifications currently utilized within the State Classified Personnel System, including classification titles, classification codes, minimum hourly hiring rate, minimum permanent, mid-point, and maximum hourly rates. The job titles and class codes not covered under the Classified Personnel System are also published.

 

State Personnel - Wellness & Benefits

Benefits Options Guide

The Options Guide explains eligibility and enrollment details, featured services, and cost/benefit comparisons of medical plans, dental plans, vision plans, life insurance plans, the Employee Assistance Program, and the Wellness Program.  This information is designed for active employees, retirees, and former eligible employees, but may also include dependents.  This document also provides legal information regarding: Women’s Health and Cancer Rights Act of 1998 (WHRCA); Mental Health Parity Act; Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP); and Prescription Drug Coverage and Medicare.

 

2016-17 Wellness Health Plan Summary Plan Description

The Summary Plan Description for the State of Nebraska Wellness Plan describes the health benefits available to employees and eligible enrolled dependents while covered by the Wellness Health Plan for the current plan year.  The Wellness Health Plan provides certain incentives to covered employees and spouses who complete certain requirement of the Wellness Program.

 

2016-17 Regular Health Plan Summary Plan Description

The Summary Plan Description for the State of Nebraska Regular Health Plan describes the health benefits available to employees and eligible enrolled dependents while covered by the Regular Health Plan during the current plan year.

 

2016-17 Consumer Focused Health Plan Summary Plan Description

The Summary Plan Description for the State of Nebraska Consumer Focused Health Plan describes the health benefits available to employees and eligible enrolled dependents while covered by the Consumer Focused Health Plan during the current plan year. The Consumer Focused Health Plan is a lower premium cost/higher deductible insurance plan alternative.

 

2016-17 Certificate of Coverage – Dental Basic Plan

The Dental Basic Plan Certificate of Coverage describes the dental benefits available to employees and eligible enrolled dependents while covered by the insurance plan during the current plan year.  The Basic Plan offers a lower level of benefits and has a lower premium than the Premium Plan.

 

2016-17 Certificate of Coverage – Dental Premium Plan

The Dental Premium Plan Certificate of Coverage describes the dental benefits available to employees and eligible enrolled dependents while covered by the insurance plan during the current plan year.

 

2016-17 Certificate of Coverage – Vision Basic Plan

The Vision Basic Plan Certificate of Coverage describes the vision benefits available to employees and eligible enrolled dependents while covered by the insurance plan during the current plan year.  The Basic Plan offers a lower level of benefits and has a lower premium than the Premium Plan.

 

2016-17 Certificate of Coverage – Vision Premium Plan

The Vision Premium Plan Certificate of Coverage describes the vision benefits available to employees and eligible enrolled dependents while covered by the insurance plan during the current plan year.  The Premium Plan offers a higher level of coverage and has a higher premium than the Basic Plan.

 

COBRA Rights Information

The COBRA Rights Notification defines a former employee’s/dependent’s rights and qualifying scenarios to continue elected insurance coverage after they no longer qualify for the group insurance plans – as directed by the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA).

 

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Transportation Services Bureau

Title 8 – Transportation Services Bureau Rules and Regulations

Chapter 1 – Rules and Regulations Governing Use of State-Owned and Personal Vehicles for Official State Business

  • 1-001 - The Rules and Regulations govern the use of state-owned and personal vehicles by state employees in their official duties for official state business.
  • 1-002 – Definitions of the following terms: agency head, Chief of Transportation Services Bureau, vehicle coordinator, State-owned vehicle, and personal vehicle.
  • 1-003 – Lists the requirements to operate a State-owned vehicle.
  • 1-004 – Identifies the responsibilities of agency heads and vehicle coordinators, vehicle identification requirements, maintenance guidelines, fuel requirements, and travel documentation.
  • 1-005 – Outlines use of personal vehicle for official State business and reimbursable expenses.
  • 1-006 – Guidelines for permanent assignment of State-owned vehicles to state agencies, boards, and commissions.
  • 1-007 – Requirements identified for the use of seat belts and safety restraint devices in State-owned or personal vehicles.
  • 1-008 – Defines the disciplinary actions for misuse of State-owned vehicles, including personal use violations, traffic violations, and repeated offenses.
  • 1-009 – Provides guidelines for processing complaints regarding alleged misuse of State-owned vehicles and any resulting disciplinary actions.

 

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Administrative Services | 1526 K Street, Lincoln, NE 68508 | 402-471-6500