75-134 Commission order; requirements; when effective. - Nebraska Statutes

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Statutes > Nebraska > Chapter75 > 75-134

75-134. Commission order; requirements; when effective.(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission.(2) Every order of the commission shall become effective ten days after the date of the mailing of a copy of the order to the parties of record except (a) when the commission prescribes a later effective date, (b) as otherwise provided in section 75-121 or 75-139, (c) for cease and desist orders issued pursuant to section 75-133 which shall become effective on the date of entry, or (d) for orders entered pursuant to section 75-319 which shall become effective on the date of entry.(3) Except as otherwise provided in this section or for rate orders provided for in section 75-139, any appeal of a commission order shall not stay enforcement of such order unless otherwise ordered under subsection (3) of section 84-917. SourceLaws 1963, c. 425, art. I, § 34, p. 1367; Laws 1967, c. 479, § 9, p. 1479; Laws 1976, LB 426, § 1; Laws 1991, LB 732, § 130; Laws 1994, LB 414, § 47; Laws 1995, LB 424, § 15; Laws 2000, LB 1285, § 3; Laws 2002, LB 1105, § 490; Laws 2002, LB 1211, § 9; Laws 2003, LB 187, § 19; Laws 2005, LB 247, § 2. AnnotationsThe "reasoning" requirement of this section is satisfied by a Public Service Commission order containing a statement of underlying facts, ultimate facts, and findings where the issues involved are issues of fact. Hugelman v. A & A Trucking, Inc., 198 Neb. 628, 254 N.W.2d 412 (1977).The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).An order of Railway Commission which fails to make findings of ultimate facts will be set aside on appeal. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).

State Codes and Statutes

Statutes > Nebraska > Chapter75 > 75-134

75-134. Commission order; requirements; when effective.(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission.(2) Every order of the commission shall become effective ten days after the date of the mailing of a copy of the order to the parties of record except (a) when the commission prescribes a later effective date, (b) as otherwise provided in section 75-121 or 75-139, (c) for cease and desist orders issued pursuant to section 75-133 which shall become effective on the date of entry, or (d) for orders entered pursuant to section 75-319 which shall become effective on the date of entry.(3) Except as otherwise provided in this section or for rate orders provided for in section 75-139, any appeal of a commission order shall not stay enforcement of such order unless otherwise ordered under subsection (3) of section 84-917. SourceLaws 1963, c. 425, art. I, § 34, p. 1367; Laws 1967, c. 479, § 9, p. 1479; Laws 1976, LB 426, § 1; Laws 1991, LB 732, § 130; Laws 1994, LB 414, § 47; Laws 1995, LB 424, § 15; Laws 2000, LB 1285, § 3; Laws 2002, LB 1105, § 490; Laws 2002, LB 1211, § 9; Laws 2003, LB 187, § 19; Laws 2005, LB 247, § 2. AnnotationsThe "reasoning" requirement of this section is satisfied by a Public Service Commission order containing a statement of underlying facts, ultimate facts, and findings where the issues involved are issues of fact. Hugelman v. A & A Trucking, Inc., 198 Neb. 628, 254 N.W.2d 412 (1977).The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).An order of Railway Commission which fails to make findings of ultimate facts will be set aside on appeal. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).

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State Codes and Statutes

Statutes > Nebraska > Chapter75 > 75-134

75-134. Commission order; requirements; when effective.(1) A commission order entered after a hearing shall be written and shall recite (a) a discussion of the facts of a basic or underlying nature, (b) the ultimate facts, and (c) the commission's reasoning or other authority relied upon by the commission.(2) Every order of the commission shall become effective ten days after the date of the mailing of a copy of the order to the parties of record except (a) when the commission prescribes a later effective date, (b) as otherwise provided in section 75-121 or 75-139, (c) for cease and desist orders issued pursuant to section 75-133 which shall become effective on the date of entry, or (d) for orders entered pursuant to section 75-319 which shall become effective on the date of entry.(3) Except as otherwise provided in this section or for rate orders provided for in section 75-139, any appeal of a commission order shall not stay enforcement of such order unless otherwise ordered under subsection (3) of section 84-917. SourceLaws 1963, c. 425, art. I, § 34, p. 1367; Laws 1967, c. 479, § 9, p. 1479; Laws 1976, LB 426, § 1; Laws 1991, LB 732, § 130; Laws 1994, LB 414, § 47; Laws 1995, LB 424, § 15; Laws 2000, LB 1285, § 3; Laws 2002, LB 1105, § 490; Laws 2002, LB 1211, § 9; Laws 2003, LB 187, § 19; Laws 2005, LB 247, § 2. AnnotationsThe "reasoning" requirement of this section is satisfied by a Public Service Commission order containing a statement of underlying facts, ultimate facts, and findings where the issues involved are issues of fact. Hugelman v. A & A Trucking, Inc., 198 Neb. 628, 254 N.W.2d 412 (1977).The filing of a motion for rehearing before the Public Service Commission is the commencement of an appeal proceeding, and where followed by overruling of the motion and filing of notice of appeal and appeal to Supreme Court the rate order is put in abeyance until a supersedeas bond is filed. Chicago & Northwestern Transp. Co. v. Nebco, Inc., 196 Neb. 490, 243 N.W.2d 779 (1976).An order of Railway Commission which fails to make findings of ultimate facts will be set aside on appeal. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).