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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 810
Introduced by Dover, 19.
Read first time January 07, 2026
Committee: Banking, Commerce and Insurance
A BILL FOR AN ACT relating to the Nebraska Real Estate License Act; to1
amend sections 81-885.03, 81-885.07, and 81-885.25, Reissue Revised2
Statutes of Nebraska; to eliminate notice requirements for cease and3
desist orders as provided; to provide for a deputy director; and to4
repeal the original sections. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 81-885.03, Reissue Revised Statutes of Nebraska,1
is amended to read: 2
81-885.03 (1) Any person who, directly or indirectly for another,3
with the intention or upon the promise of receiving any form of4
compensation or consideration, offers, attempts, or agrees to perform or5
performs any single act described in subdivision (2) of section6
81-885.01, whether as a part of a transaction, or as an entire7
transaction, shall be deemed a broker, associate broker, or salesperson8
within the meaning of the Nebraska Real Estate License Act, and such9
action shall constitute sufficient contact with the state for the10
exercise of personal jurisdiction over such person in any action arising11
out of such action. Committing a single act described in such subdivision12
by a person required to be licensed under the Nebraska Real Estate13
License Act and not so licensed shall constitute a violation of the act14
for which the commission may impose sanctions pursuant to this section15
for the protection of the public health, safety, or welfare.16
(2) Notwithstanding any other provision of the law to the contrary,17
the director may issue a cease and desist order against any person who18
violates this section by performing any action described in subsection19
(1) of this section without the appropriate license. Such order shall be20
final ten days after issuance unless the violator requests a hearing21
before the commission pursuant to section 81-885.25.22
(3) If such person violates a cease and desist order issued pursuant23
to this section, he or she shall be subject to further proceedings before24
the commission. If, during such proceedings, the commission makes a25
finding of guilt, the commission may impose a fine not to exceed (a) one26
thousand dollars for each day that any action is performed without the27
appropriate license following the issuance of the order or (b) the amount28
of all money earned as commission by the violator, whichever is greater.29
Judgments for the collection of any fine imposed under this section may30
be filed in the district court of any county in this state.31
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(4) Notice and hearing requirements under this section shall be in1
accordance with the Administrative Procedure Act. 2
Sec. 2. Section 81-885.07, Reissue Revised Statutes of Nebraska, is3
amended to read: 4
81-885.07 (1)(a) There is hereby created the State Real Estate5
Commission which shall consist of the Secretary of State, who shall be6
chairperson of the commission, and six members appointed by the Governor.7
(b) Three of the members of the commission appointed by the Governor8
shall be active and licensed real estate brokers who have engaged in the9
real estate business as brokers or associate brokers for not less than10
five years, which members shall be appointed by the Governor, one from11
each of the three congressional districts. If a boundary of a12
congressional district changes, a member affected by such change shall13
continue to serve the balance of the term of appointment for the district14
for which such member was appointed. 15
(c) The remaining members shall be appointed at large, one of whom16
shall be representative of the public, one of whom shall be a licensed17
real estate salesperson who has engaged in the real estate business as a18
salesperson for not less than three years, and one of whom shall be an19
active and licensed real estate broker who has engaged in the real estate20
business as a broker or associate broker for not less than five years.21
(2) At the expiration of the term of any member of the commission,22
the Governor shall appoint a successor for a term of six years. Any23
appointed member shall be limited to one six-year term, in addition to24
any partial term served. In the event of a vacancy on the commission, the25
Governor shall fill such vacancy by appointing a member to serve during26
the unexpired term of the member whose office has become vacant. In the27
absence of the chairperson, the senior member of the commission in point28
of service present shall serve as presiding officer. Not less than four29
members of the commission must be present at any official meeting of the30
commission. The action of the majority of the members of the commission31
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shall be deemed the action of the commission. No appointed person may act1
as a member of the commission while holding any other elective or2
appointive state or federal office. 3
(3) Each member of the commission shall receive as compensation for4
each day actually spent on official duties at scheduled meetings the sum5
of one hundred dollars and expenses incurred in the performance of6
official duties as provided in sections 81-1174 to 81-1177.7
(4) The commission shall employ a director and deputy director who8
shall keep a record of all the proceedings, transactions, communications,9
and official acts of the commission, be custodians custodian of all the10
records of the commission, and perform such other duties as the11
commission may require. The director shall call a meeting of the12
commission at the discretion of the director or upon the direction of the13
chairperson or upon a written request of two or more members of the14
commission. The commission may employ such other employees as may be15
necessary to properly carry out the Nebraska Real Estate License Act, fix16
the salaries of such employees, and make such other expenditures as are17
necessary to properly carry out the act. The office of the commission18
shall be maintained in Lincoln and all files, records, and property of19
the commission shall remain in such office. Neither the director , deputy20
director, nor any employee of the commission may be an officer or paid21
employee of any real estate association or group of real estate dealers22
or brokers. 23
(5) The commission may adopt and promulgate rules and regulations24
relating to the administration of but not inconsistent with the act.25
(6) The commission may conduct or assist in conducting real estate26
institutes and seminars and incur and pay the necessary expenses in27
connection therewith, which institutes or seminars shall be open to all28
licensees. 29
(7) The commission may charge reasonable fees for services it30
renders, not to exceed the actual costs thereof, except as otherwise31
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provided in the act. The fees established by the commission pursuant to1
the act shall be established at the level necessary to meet expenditures2
of the commission as approved by the Legislature and to provide a3
sufficient cash fund balance. 4
Sec. 3. Section 81-885.25, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
81-885.25 (1) Before the commission censures a licensee, imposes a7
civil fine, or revokes or suspends a license, or issues a cease and8
desist order, the commission shall send to the licensee or violator a9
copy of the complaint by registered mail, certified mail, first-class10
mail using intelligent mail barcode or another similar tracking method11
used or approved by the United States Postal Service, or a designated12
delivery service as provided in section 25-505.01, which contains the13
charges against the licensee or violator and, unless the licensee or14
violator waives the right to a hearing and has executed a consent order,15
give the licensee or violator a hearing on the matter.16
(2) The licensee or violator shall have full authority to be heard17
in person or by counsel before the commission in reference to such18
charges. The commission shall, at least twenty days prior to the date set19
for hearing, notify the licensee or violator in writing of the date and20
place of the hearing. Such notice may be served by delivering it21
personally to the licensee or violator or by sending it by either22
registered mail, certified mail, first-class mail using intelligent mail23
barcode or another similar tracking method used or approved by the United24
States Postal Service, or a designated delivery service as provided in25
section 25-505.01, to the last-known business address of such licensee or26
any known address of the violator. If the licensee is an associate broker27
or a salesperson, the commission shall also notify the broker employing28
the licensee by mailing a copy of such notice to the broker's last-known29
business address. 30
Sec. 4. Original sections 81-885.03, 81-885.07, and 81-885.25,31
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Reissue Revised Statutes of Nebraska, are repealed.1
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