Nebraska
State Statutes (as of
5/30/07)
Contractor Registration Act
Contact: Nebraska Workforce Development
Division of Safety and Labor Standards
Todd Houfek
5404 Cedar Street, 3rd Floor
Omaha, NE 68106
phone: 402-595-3189 --
800-627-3611
Contractor Registration information
& application
form
________________________________________________________________
Section 48-2101
Act, how cited.
Sections
48-2101 to 48-2116 shall be known and may be cited as the Contractor
Registration Act.
Source:
Laws 1994, LB 248, 1
Section 48-2102
Legislative intent.
It is the
intent of the Legislature that all contractors doing business in counties with
a population of over one hundred thousand inhabitants be registered with the
department. It is not the intent of the Legislature to endorse the quality or
performance of services provided by any individual contractor.
Source:
Laws 1994, LB 248, 2
Section 48-2103
Terms, defined.
For
purposes of the Contractor Registration Act:
(1)
Commissioner shall mean the Commissioner of Labor;
(2)
Construction shall mean work on real property and annexations, including new
work, additions, alterations, reconstruction, installations, and repairs
performed at one or more different sites which may be dispersed geographically;
(3)
Contractor shall mean a person who engages in the business of construction and
shall include a subcontractor, a general contractor, and any other person
arranging for the performance of construction. A person who earns less than one
thousand dollars annually or who performs work or has work performed on the
person's own property shall not be a contractor for purposes of the act;
(4)
Department shall mean the Department of Labor; and
(5)
Working days shall mean Mondays through Fridays but shall not include
Saturdays, Sundays, or federal or state holidays. In computing fifteen working
days, the day of receipt of any notice shall not be included and the last day
of the fifteen working days shall be included.
Source:
Laws 1994, LB 248, 3
Section 48-2104
Registration required.
Before
performing any construction work in any county with a population of over one
hundred thousand inhabitants, a contractor shall be registered with the
department. If a contractor does business under more than one name, the
contractor shall obtain a registration number for each name under which the
contractor is doing business.
Source:
Laws 1994, LB 248, 4
Section 48-2105
Registration; application; contents; renewal.
Each
contractor shall apply to the department for a registration number on an
application form provided by the department. The application shall contain the
following information:
(1) The
name and, if the applicant is an individual, the social security number of the
contractor;
(2) The
principal place of business of the contractor in Nebraska. If the contractor's
principal place of business is outside Nebraska, the application shall state
the address of the contractor's principal place of business and the name and
address of the contractor's registered agent in Nebraska;
(3) The
telephone number of the contractor in the State of Nebraska. If the
contractor's principal place of business is outside Nebraska, the application
shall state the telephone number of the contractor's principal place of
business and the telephone number of the contractor's registered agent in
Nebraska;
(4) The
type of business entity of the contractor such as corporation, partnership, limited liability company, sole proprietorship, or trust;
(5) The
following information about the business entity:
(a) If the
contractor is a corporation, the name, address, telephone number, and position
of each officer of the corporation; and
(b) If the
contractor is other than a corporation, the name, address, and telephone number
of each owner;
(6) Proof
of (a) a certificate or policy of insurance written by an insurance carrier
duly authorized to do business in this state which gives the effective dates of
workers' compensation insurance coverage indicating that it is in force, (b) a
certificate evidencing approval of self-insurance privileges as provided by the
Nebraska Workers' Compensation Court pursuant to section 48-145, or (c) a
signed statement indicating that the contractor is not required to carry
workers' compensation insurance pursuant to the Nebraska Workers' Compensation
Act; and
(7) A
description of the business which includes the employer's standard industrial
classification code or the principal products and services provided.
Each
application shall be renewed annually upon payment of the fee prescribed in
section 48-2107.
Source:
Laws 1994, LB 248, 5
Laws 1997, LB 752, 129
Cross References:
Nebraska Workers' Compensation Act,see section 48-1,110.
Section 48-2106
Application; report of change; amendments.
(1) A
contractor shall report to the commissioner any change in the information
originally reported on or with the application under section 48-2105 within
fifteen days of the change, except that the contractor shall notify the
commissioner of changes in workers' compensation insurance coverage at least
ten days prior to any change in coverage.
(2) After
the time specified in subsection (1) of this section, the commissioner, with
good cause shown, may determine that amendments may be made to correct an
application.
(3)
Amendments to applications shall not be permitted when a change occurs in the
business classification such as a change from a sole proprietorship to a
corporation.
Source:
Laws 1994, LB 248, 6
Section 48-2107
Fees.
(1) Each
application or renewal under section 48-2105 shall be accompanied by a fee of
twenty-five dollars. The fee shall not be required when an amendment to an
application is submitted.
(2) A
contractor shall not be required to pay the fee if the application contains an
affidavit which shows the contractor is self-employed and does not pay more
than one thousand dollars annually to employ other persons in the business. The
affidavit shall contain (a) a statement that the contractor is self-employed,
(b) a list of all employees employed in the past twelve-month period and the
amount paid to each employee, and (c) a list of all current employees. At any
time that a contractor no longer qualifies for exemption from the fee, the fee
shall be paid to the department.
Source:
Laws 1994, LB 248, 7
Section 48-2108
Registration number.
Within
thirty days of receipt of a completed application, the commissioner shall issue
to the contractor a registration number. The registration number shall be a
five-digit number followed by a two-digit number indicating the year of
issuance.
Source:
Laws 1994, LB 248, 8
Section 48-2109
Cancellation of workers' compensation insurance policy; notice required.
Any
insurance company carrying a contractor's workers' compensation insurance
policy shall notify the department in case of cancellation by either the
insurance company or the contractor of such policy. The notice shall contain
(1) the name of the insurance carrier, (2) the name of the insured contractor,
and (3) the date the cancellation is effective. Contractors who are approved by
the Nebraska Workers' Compensation Court for self-insurance shall notify the
department at least ten days prior to the termination of such self-insurance.
Source:
Laws 1994, LB 248, 9
Section 48-2110
Failure to maintain workers' compensation insurance; notice of revocation.
The
commissioner shall issue a notice of revocation of registration to a contractor
when an investigation reveals that the contractor no longer meets the
conditions of registration set out in section 48-2105 by failure to maintain
compliance with the laws of this state relating to workers' compensation
insurance coverage. If the commissioner receives a notice of cancellation of
workers' compensation insurance coverage, the commissioner shall revoke the
registration as of the time of cancellation unless the contractor provides a
new certification of insurance prior to the cancellation date.
Source:
Laws 1994, LB 248, 14
Section 48-2111
Notice of revocation; service; hearing.
The
commissioner shall serve notice of revocation on the contractor by mailing such
notice by certified mail or any other manner of delivery by which the United
States Postal Service can verify delivery to the address of the contractor or
the contractor's registered agent listed in the application. Upon a showing of
compliance with the application requirements set out in section 48-2105, the
commissioner may temporarily reinstate the registration pending a hearing on
the revocation. A registration revoked under this section shall not be
permanently reinstated. To receive a new registration number, the contractor
shall reapply to the commissioner.
Source:
Laws 1994, LB 248, 15
Laws 2001, LB 180, 7
Section 48-2112
Investigatory powers.
(1) The
commissioner may make investigations he or she finds necessary or appropriate
to determine if there is compliance with the Contractor Registration Act.
Investigations shall take place at the times and places as the commissioner
directs. For purposes of any investigation under this section, the commissioner
may interview persons at the worksite, take photographs, and utilize other
reasonable investigatory techniques. The conduct of the investigation shall be
such as to preclude unreasonable disruption of the operations of the worksite.
Investigations may be conducted, without prior notice, by correspondence,
telephone conversations, or review of materials submitted to the department.
(2) For
purposes of any investigation or proceeding under this section, the
commissioner or any officer designated by him or her may administer oaths and
affirmations, subpoena witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence, memoranda,
agreements, or other documents or records which the commissioner deems relevant
or material to the inquiry.
(3) In
case of contumacy by or refusal to obey a subpoena issued to any person, any
court of competent jurisdiction, upon application by the commissioner, may
issue to such person an order requiring him or her to appear before the
commissioner or the officer designated by the commissioner and produce
documentary evidence if so ordered or give evidence touching the matter under
investigation or in question. Any failure to obey the order of the court may be
punished by the court as a contempt.
Source:
Laws 1994, LB 248, 10
Section 48-2113
Complaints.
Written
complaints regarding the registration of a contractor made to the commissioner
in which the complainant provides his or her name and address shall receive a
written response as to the results of the investigation. A complainant's name
and other identifying information shall not be released if the complaint was
included as a part of another complaint when the complainant's identity would
be protected under other statutes or rules and regulations.
Source:
Laws 1994, LB 248, 11
Section 48-2114
Violation; citation; penalty.
(1) The
commissioner shall issue a citation to a contractor when an investigation
reveals that the contractor has violated:
(a) The
requirement that the contractor be registered; or
(b) The
requirement that the contractor's registration information be substantially
complete and accurate.
(2) If a
citation is issued, the commissioner shall notify the contractor of the proposed
administrative penalty, if any, by certified mail or any other manner of
delivery by which the United States Postal Service can verify delivery. The
administrative penalty shall be not more than five hundred dollars in the case
of a first violation and not more than five thousand dollars in the case of a
second or subsequent violation.
(3) The
contractor shall have fifteen working days from the date of the citation or
penalty to contest such citation or penalty. Notice of contest shall be sent to
the commissioner who shall provide a hearing pursuant to the Administrative
Procedure Act.
Source:
Laws 1994, LB 248, 12
Laws 2001, LB 180, 8
Cross References:
Administrative Procedure Act,see section 84-920.
Section 48-2115
Contractor Registration Cash Fund; created; investment.
There is
hereby created the Contractor Registration Cash Fund to be administered by the
department. The fund shall consist of such sums as are appropriated to it by
the Legislature and any fees collected in the administration of the Contractor
Registration Act. All funds collected shall be remitted to the State Treasurer
for credit to the fund. Any money in the fund available for investment shall be
invested by the state investment officer pursuant to the Nebraska Capital
Expansion Act and the Nebraska State Funds Investment Act.
Source:
Laws 1994, LB 248, 13
Laws 1995, LB 7, 52
Cross References:
Nebraska Capital Expansion Act,see section 72-1269.
Nebraska State Funds Investment Act,see
section 72-1260.
Section 48-2116
Applicability of act.
The
Contractor Registration Act shall not apply to the state or any political
subdivision thereof.
Source:
Laws 1994, LB 248, 16