Section 92-41-006 - Authorization to OperateFollowing review of an application for authorization to operate and any information required by the Department, the Commissioner shall either grant or deny authorization to operate. A grant of authorization to operate may be on such terms and conditions as the Commissioner may specify. The authorization to operate shall be issued to the owner or governing body of the applicant school and shall be nontransferable. The school shall display its authorization to operate in a prominent location on its premises.
006.01 The authorization to operate shall contain: 006.01A Date of issuance, effective date, and term of authorization;006.01B The full, correct name and location of the school so authorized;006.01C The authority for authorization and conditions thereof;006.01D Any limitation of authorization as deemed necessary by the Commissioner; and006.01E The term for which authorization is given shall not extend for more than one (1) calendar year.006.02 Name or Location Change of School Since the authorization to operate and the permits for agents are nontransferable, when a private postsecondary career school desires to change the name or location of the school, the owner or governing body of a school desiring to change its name or location shall notify the Department and submit a fee as provided in Appendix A for a new certificate of authorization to operate and riders to the bonds to reflect the change of name or location. The appropriate agent's permit renewal fee as found in Appendix A shall be submitted for each agent to obtain a new agent's permit to show the new name or location of the school.
006.02A Student enrollment contracts, catalogs and pertinent school documents shall reflect the new name or location.006.02B Any promotional literature shall reflect the new name or location of the school.006.03 Inaugural Authorization to Operate A school not yet in operation when its application for authorization to operate is filed may not begin operation until receipt of authorization. The authorization shall be an inaugural authorization valid for one (1) year and upon showing to the satisfaction of the Commissioner that it has fully complied with all standards so provided, the school will be eligible for a regular authorization. The Commissioner may issue a provisional authorization to operate which contains such limitations as to time, procedures, functions, or other conditions as the Commissioner may deem necessary.
006.03A At least thirty (30) days prior to the expiration of an inaugural authorization to operate, the school shall complete and file with the Department an application for regular authorization to operate.006.04 Regular Authorization to Operate A school which has been in continuous operation in prior years or has gone through the inaugural authorization to operate phase shall apply for a regular authorization to operate. A regular authorization expires on the last day of the sixth month following the end of the school's fiscal year. Refer to fee schedule found in Appendix A.
006.04AProvisional Authorization to Operate. If upon review and consideration of an application for authorization to operate, the Department determines that the application fails to meet certain criteria, the Commissioner may grant a provisional authorization to operate which contains such limitations as to time, procedures, functions or other conditions as deemed necessary to meet the requirements.006.05 Applicant Fails to Qualify Upon review and consideration of an application for authorization to operate, if the Department determines that the applicant fails to meet the standards established in this chapter, the Department shall so notify the applicant, setting forth the reasons thereof in writing, and shall deny the application.
006.05AExtension of Time. The Commissioner may grant an applicant authorization to operate or an extension of time of reasonable duration in which the applicant may eliminate the reasons for denial contained in the statement of denial if the applicant has demonstrated to the satisfaction of the Commissioner the desire to meet the standards established and if in the judgement of the Commissioner, it would be reasonably possible for the applicant to meet such requirements and standards within such time.006.05BRight of Hearing. Any person aggrieved by a decision of the Commissioner respecting denial of an authorization to operate or the placing of conditions on such authorization shall have the right to a hearing and review of such decision by the Board as provided in sections 006.05B1 through 006.05B3. 006.05B1 If, upon written notification of any such action taken by the Commissioner, the aggrieved party desires a hearing and review, such party shall so notify the Board in writing within ten (10) business days after the giving of notice of such action was received. If such notice is not given, the action shall be deemed final. Upon receipt of such notice from the aggrieved party, the Board shall fix the time and place for a hearing and shall notify the aggrieved party by certified mail.006.05B2 At such hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition to the Commissioner's action or in extenuation or mitigation. The hearing shall be conducted in accordance with the Administrative Procedure Act and the hearing procedures set forth in 92 NAC 61. Any member of the Board may preside except when a clear conflict of interest may be demonstrated. The Board may utilize hearing officers to conduct the hearings and present recommendations, including findings of fact and conclusions of law, to the Board for final decision.006.05B3 A decision of the Board following a hearing shall be deemed final subject to the right of judicial review provided in the Administrative Procedure Act. All matters presented at any such hearing shall be acted on promptly by the Board, and the Board shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing, and the appropriate rule, order, sanction, relief, or denial thereof.92 Neb. Admin. Code, ch. 41, § 006
Amended effective 11/8/2016.