400 Neb. Admin. Code, ch. 1, § 015
The Board will meet every three months or at the call of the Chairperson or Secretary to transact business at one of the Homes, or at an agreed-upon site as provided in Neb. Rev. Stat. § 80-319. Hearings will be conducted at these meetings as needed.
Any member who is dissatisfied with the amount of maintenance he/she is paying may request a hearing before the Board by making a request in writing to the Board which details the complaint and reasons supporting the member's position.
An applicant or member may appeal any denial of application or discharge decision by requesting a hearing before the Board. The request must be in writing and detail the complaint and reasons supporting the applicant or member's position and must be filed with the Secretary of the Board within 30 calendar days of the date of the letter of decision of denial or discharge.
The Secretary or his/her designee will provide written confirmation of receipt of the appeal to the member or his/her legal representative within ten days of receipt and provide the member or his/her legal representative written notice of the date, time and place of the Board meeting at which the appeal will be heard.
If the member or his/her legal representative does not wish to attend the hearing before the Board, he/she may request that the Board decide the appeal on the basis of the written complaint and may submit supporting documentation to the Secretary prior to the Board's hearing on the appeal. The Board may allow any person to participate telephonically including witnesses providing testimony.
There must be a quorum of five Board members present and voting to decide an appeal.
The Board will arrange for tape-recording of the appeal hearing and the Board vote on the appeal. Any party to a formal hearing before the Board may procure, at his/her expense, a court reporting service.
Only the member appealing or his/her legal representative, the Department's representative, and witnesses having relevant personal knowledge will be allowed to speak at a member's appeal to the Board. Only Board members, the member appealing or his/her legal representative, and Department staff or their legal representative will be allowed to question witnesses. Testimony will be under oath.
The Secretary will send a copy of the dated, written decision to the Board, the Department representative, and the member or his/her representative.
400 Neb. Admin. Code, ch. 1, § 015