92 Neb. Admin. Code, ch. 43, § 003

Current through September 17, 2024

Section 92-43-003 - Complaints and Investigations for Holders of Authorization to Operate and Agents Permits

003.01 Complaint Procedures

Any person having an interest in, or information about any act or practice by a private postsecondary career school or an agent, which is a violation of 92 NAC 41, 92 NAC 42, or the ACT, may file a verified written complaint with the commissioner. The complainant shall use the form prescribed by the board, a sample of which is included as Appendix A.

003.02 Contents of Complaint

The complaint shall contain the following information:

003.02A The full name, address, and telephone number of the complainant;

003.02B The full name, address, and telephone number of the respondent;

003.02C A concise statement of the facts which the complainant believes constitutes a violation of 92 NAC 41, 92 NAC 42, or the ACT; and

003.02D The full name, address, and telephone numbers of any witnesses able to testify as to the facts alleged.

003.03 Distribution of Complaint

Within fifteen (15) days of the filing of a complaint, the commissioner shall serve a copy of the complaint on the respondent by United States mail to the last known address of the respondent.

003.04 Response to Complaint

The respondent may, within fifteen (15) days after receipt of the complaint, request in writing the opportunity to informally present a position or defense respecting the allegations in the complaint. This position or defense may be submitted in writing, but a personal conference with an investigator assigned by the commissioner may be had as a matter of right if the written request is made within fifteen (15) days of the receipt of the complaint.

003.05 Evaluation and Investigation

Upon receipt of a complaint, the commissioner or his or her designee shall evaluate the complaint to determine if the facts alleged are sufficient to constitute a violation of 92 NAC 41, 92 NAC 42, or the ACT. At his or her discretion, the commissioner may assign an investigator to evaluate the complaint and may cause an investigation to be made into the circumstances surrounding the complaint.

003.05A It shall be the obligation and responsibility of the investigator to prepare a report for the consideration of the commissioner, which report shall contain a position or defense of the respondent, if any; discuss jurisdiction; and set forth any legal arguments and authorities that appear applicable to the case. The report shall include a recommendation as to whether there exists legally sufficient grounds for further proceedings and a recommendation of one of the following: dismissal, further inquiry, admonishment or reprimand, or the filing of a petition.

003.05BExceptions to Report. The respondent shall be mailed a copy of the investigator's report and shall be given twelve (12) days from the date of the mailing of the report to file exceptions with the investigator. At the expiration of said time limit, the investigator shall file with the commissioner a report in accordance with the provisions of section 003.05A of this chapter along with the respondent's exceptions, if any.

003.06 Action by the Commissioner

Following the evaluation and investigation, if any, of the complaint, the commissioner shall take one of the following actions:

003.06ADismiss the Complaint. Such dismissal may be accompanied by an admonishment or reprimand to the private postsecondary career school or its agent, or both,or other action the commissioner deems appropriate, without a hearing, if the commissioner determines that;

003.06A1 The alleged violation is not serious enough to warrant suspension or revocation;

003.06A2 No public interest would be served by a formal hearing; and

003.06A3 The respondent gives written acceptance of or agreement to admonishment, reprimand, or other action.

003.06B File a petition pursuant to section 004.

003.07 Informal Disposition

The commissioner may enter into a stipulation, settlement agreement, or other agreement to resolve any complaint or petition. All agreements to revoke or suspend an authorization to operate or an agent's permit, or both, shall be approved by the board.

003.08 Voluntary Surrender of Authorization to Operate or Agent's Permit

A private postsecondary career school may voluntarily surrender its authorization to operate or an agent may voluntarily surrender his or her agent's permit. Any such voluntary surrender shall be treated as an indefinite revocation for purposes of publicity and reinstatement. The voluntary surrender of an authorization to operate or agent's permit at any time after a report or complaint has been made shall not prohibit the filing of such complaint or a petition unless:

003.08A The holder of the authorization to operate or agent's permit knowingly admits in writing the truth of such complaint or petition and waives all proceedings against him or her in connection therewith, and

003.08B Agrees to stipulated reprimand or other action deemed appropriate.

003.09 Dismissal

Any dismissal of a complaint in accordance with 003.06A shall be deemed to be a final resolution of the matter and is not subject to appeal to the board.

003.10 Notification

The commissioner shall notify the respondent of the commissioner's decision.

92 Neb. Admin. Code, ch. 43, § 003