Section 92-29-006 - Reinstatement006.01 Former Public School Certificate Holders The application, filing, and hearing procedures for reinstatement of public school certificates are governed by 95 NAC 2.
006.02 Former Nonpublic School Certificate Holders Upon expiration of the time period fixed in the revocation order of the Board, a person whose nonpublic school certificate has been revoked may petition the Board for reinstatement of his or her certificate.
006.03 Reinstatement Petition Petitions to the Board shall be in writing and shall contain the following information:
006.03A The venue shown as "BEFORE THE STATE BOARD OF EDUCATION";006.03B A heading captioned "IN THE MATTER OF THE REINSTATEMENT OF:";006.03C The name and address of the applicant;006.03D The case number and the caption "PETITION FOR REINSTATEMENT" under the case number.006.03E A statement that "The undersigned applicant for reinstatement of a revoked Nebraska nonpublic teaching, nonpublic administrative, or nonpublic special services counseling certificate alleges:"; 006.03E1 Applicant shall set forth the type, rank, level, endorsements, and expiration dates of the certificate(s) revoked, and his or her social security number.006.03E2 Applicant shall set forth the Final Decision of the Board revoking the certificate(s).006.03E3 Applicant shall set forth the name(s), address(es), and telephone number(s) of all witnesses, including applicant, that will testify on behalf of petitioner at the hearing.006.03E4 Applicant shall set forth the name(s), address(es), telephone number(s), and date(s) of employment for all employers of applicant during the period of certificate revocation. If unemployed for over three months during any time period, the applicant shall set forth his or her activities during that time period.006.03F A statement indicating the applicant has fully complied with the Order of Revocation that he or she will not, in the future, engage in any practice which is listed in the statutes as grounds for revocation or suspension of a certificate, and that he or she is familiar with the criteria of professional practices adopted as 92 NAC 27.006.03G The applicant's signed, dated, and notarized affirmation that the statements in the petition are true, correct, and complete to the best of his or her knowledge and belief.006.04 Filing of Petition The petition shall be filed with the Board and a copy of the petition shall be served upon the Commissioner.
006.04A Upon receipt of the Petition for Reinstatement, the Commissioner or his or her designee may investigate the applicant in order to determine the propriety of contesting the petition.006.04B If the Commissioner contests the petition, he or she shall file an Answer to the petition with the Board within thirty (30) days from the date the petition was filed, setting forth the grounds for objection.006.04C Upon the filing of an Answer by the Commissioner, the Board shall appoint a hearing officer under the terms and conditions provided in 92 NAC 28-005.006.04D If the Commissioner does not contest the Reinstatement Petition, he or she shall forward either a written recommendation in support of petition or a written document with no recommendation to the Board.006.05 Reinstatement Hearing The hearing shall be conducted in accordance with the procedures established in 92 NAC 28, as modified below.
006.05A The burden shall be upon the applicant to prove to the hearing officer by a preponderance of the evidence that applicant meets all certification requirements in force at the time of the application.006.06 Board Review The recommendations of the Commission or of a hearing officer shall include findings of fact, conclusions of law, and a recommendation of reinstatement or a recommendation of denial of reinstatement. Such recommendations shall be in writing and shall also include a summary of the testimony of the hearing in addition to a copy of all pleadings and exhibits.
006.06A The format and filing requirements for a board review shall be in accordance with the provisions of section 003.02 and section 003.03 of this chapter.006.06B The board review and disposition shall be conducted in accordance with the procedures established in section 004 and section 005 of this chapter.92 Neb. Admin. Code, ch. 29, § 006