75-118.01. Certificate, permit, tariff, rule, or regulation; interpretation; jurisdiction.
211 words·~1 min read·
/ne/chapter-75/75-118-01A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided in the Administrative Procedure Act, the commission shall have original exclusive jurisdiction to determine the validity of a rule or regulation and the scope or meaning of a certificate, permit, tariff, rule, or regulation. Upon petition or complaint by any common carrier or other interested person to determine the validity, scope, or meaning of a certificate, permit, tariff, rule, or regulation, the commission shall cause notice thereof to be given according to its rules and shall proceed to hear evidence and argument on the petition or complaint. After notice and hearing, the commission shall by order render its decision.
Section 75-136 authorizes appellate courts to review an order of the Public Service Commission interpreting a rule or regulation pursuant to the commission's authority under this section. In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002).
This section gives the Nebraska Public Service Commission original exclusive jurisdiction to determine the scope or meaning of a certificate. In re Petition of G. Kay, Inc., 219 Neb. 24, 361 N.W.2d 182 (1985).
Commission had original exclusive jurisdiction to determine scope and meaning of rule relating to tacking of authorities. Nebraska State Railway Commission v. Seward Motor Freight, Inc., 188 Neb. 223, 196 N.W.2d 200 (1972).