110 Neb. Admin. Code, ch. 8, § 1

Current through September 17, 2024
Section 110-8-1 - Initial Review of Complaints and Compliance Issues
8.1.1 When a complaint is received by the Board in which a person or organization is alleged to have violated the Act, or if the Board becomes aware of a compliance issue that may constitute a violation of the Act, the Board may refer the complaint or compliance issue to a committee or an investigator, or may consider the complaint or compliance issue without such referral.
8.1.2 If applicable, the committee or investigator shall make a recommendation as to:
8.1.2.1 Whether the matter should be dismissed for lack of probable cause; or
8.1.2.2 Whether there is probable cause that a violation of the Act has occurred; or
8.1.2.3 Whether further investigation is required in order to determine whether there is probable cause.
8.1.3 Upon receipt of a recommendation or upon consideration by the entire Board, the Board will determine whether there is probable cause and, if so, whether informal or formal process should be undertaken to resolve the matter. If the Board finds there is no probable cause, the complaint shall be dismissed.
8.1.3.1 The Board may make a determination on probable cause with or without having requested a response from the respondent.
8.1.4 A complaint or compliance issue against any person or organization may be brought in the name of the Board. A complaint may be filed by the Executive Director when he or she discovers a probable violation of the Act. If a Board member discovers a probable violation of the Act, the member may bring it to the Executive Director's attention.

110 Neb. Admin. Code, ch. 8, § 1

Amended effective 4/27/2019
Amended effective 6/7/2021
Amended effective 3/16/2024