92 Neb. Admin. Code, ch. 43, § 004

Current through September 17, 2024

Section 92-43-004 - Petitions

004.01 Petitions by Commissioner

A petition may be filed by the commissioner if he or she determines, as a result of a complaint, investigation, or as a result of information that he or she receives independent of a complaint or investigation, that:

004.01A The board has jurisdiction over the parties and subject matter; and

004.01B The alleged violation is serious enough to warrant suspension or revocation of respondent's authorization to operate or permit; or

004.01C The public interest would be served by a formal hearing; or

004.01D Respondent does not accept an admonishment or reprimand.

004.02 Petitions Against Holders of Permits or Authorizations to Operate

The commissioner may file a petition against a private postsecondary career school or an agent with the board. The form of such petition shall be in writing and shall contain the following information:

004.02A The venue shown as: "BEFORE THE STATE BOARD OF EDUCATION";

004.02B A heading captioned "(Name), COMMISSIONER OF EDUCATION, Petitioner";

004.02C The full name, address, telephone number, and social security number, if known, of the respondent;

004.02D The type of permit or authorization to operate held by respondent;

004.02E A concise statement of facts which the commissioner believes constitute a violation of state standards;

004.02F The provision(s) of statute or rule which are alleged to have been violated.

004.03 Notice to File Answer

Upon the filing of a petition, the commissioner shall send the respondent by certified mail, return receipt requested, a copy of the petition and a notice that the respondent has the right to submit an answer within twenty-one (21) days after the receipt of the notice. Mailing by certified mail of any notice required under this chapter shall be to respondent's last known address. In the event the respondent fails to respond to the petition by delivering or posting by certified mail an answer within twenty-one (21) days, respondent's failure shall be considered as a waiver of his or her right to a hearing and shall be cause for holding a respondent in default, and a default order may therefore be rendered and a recommendation made to the State Board of Education for determination upon the record without any further notice to respondent.

004.04 Answer

The respondent may file an answer to the petition. A sample answer is included in Appendix B to this chapter. It shall show the venue as "Before the State Board of Education, State of Nebraska" and shall be captioned "Answer." The answer shall contain the following information:

004.04A The name and address of the respondent.

004.04B Specific statements regarding any and all allegations in the petition, which shall be in the form of admissions, denials, explanatory remarks, or statements of mitigating circumstances; and any additional facts or information the respondent deems relevant and which may be of assistance in the ultimate determination of the case.

004.05 Format for Filings

All answers, motions, or other pleadings filed in cases arising under this chapter shall be typewritten on 8_ x 11 inch white three-hole punched paper and shall be accompanied by an original plus two copies. All documents shall contain the title of the proceeding, the case number, the name, address, telephone number, and signature of the person filing the document, and the name of the party on whose behalf the document is filed.

004.06 Filing Location and Service

All filings with the board or the commissioner shall be made with the Office of the Commissioner of Education; Nebraska State Department of Education; 301 Centennial Mall South, 6th Floor; P. O. Box 94933; Lincoln, Nebraska 68509. Whenever any party files a document, they shall simultaneously serve copies on the other party(ies). Any documents filed shall contain a certificate attesting to its service by mail, personal delivery, or otherwise. Service by mail shall be deemed completed upon mailing, except as otherwise provided in this chapter.

004.07 Filing Deadlines

When the filing of a pleading or any act required to be done on or before a given date falls on a Saturday, Sunday, or legal holiday on which the office of the commissioner is closed, the pleading or act need not be filed or done until the next succeeding working day that the office of the commissioner is open for the transaction of business. All time limits referred to in this chapter shall mean calendar days.

004.08 Revocation

An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the board has reasonable cause to believe that the holder thereof has violated or is violating the ACT or the regulations adopted in 92 NAC 41 or 92 NAC 42.

004.08ANotification. Prior to recommending such revocation or imposition of condition to the board, the commissioner shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder that if a hearing is requested in writing within ten (10) business days of receipt of the notice, the board shall set a time and place for a hearing at which the holder may be heard in response to the allegation of noncompliance.

92 Neb. Admin. Code, ch. 43, § 004