74 Neb. Admin. Code, ch. 1, § 010

Current through September 17, 2024
Section 74-1-010 - Request for Further Review
010.01 Applicants may request further review of the reinvestment grant award by the Crime Commission. Review is limited to the following grounds: Partial denial of reinvestment award requested, or full denial of reinvestment award requested.
010.02 The basis for review shall be limited to one or more of the following grounds: The decision being reviewed was biased, arbitrary, or prejudiced against the applicant county, the decision being reviewed was reached without following procedures outlined in this chapter, or the decision being reviewed was reached without adherence to statutory requirements as specified in the County Justice Reinvestment Grant Program act, ( 81-1426.01).
010.03 Notice of a request for review must be made in writing and submitted to the Executive Director within ten (10) working days of receipt of the denial of reinvestment award requested. Notice of a request for further review shall identify the basis of the request, and will inform the Executive Director of the intent to file a full written request for further review.
010.04 A full written request for further review will detail the basis for the review, and include an explanation of why the reinvestment grant application satisfies the requirements of this chapter. The full written request for further review will be submitted to the Crime Commission within (20) working days of the notice of request for further review.
010.05 The burden of demonstrating that the Executive Director's award decision should be reversed is on the party filing the request for further review. The burden of proof shall be by a preponderance of the evidence.
010.06 Should the applicant filing the request for further review fail to meet deadlines established in section 010 of this chapter, the request for further review will be considered waived or the reinvestment grant decision shall be final.
010.07 The hearing shall be conducted before the Commission at its next available quarterly meeting. The Commission will take into consideration the written request for further review of the appellant, all recommendations for funding made during the application review process and testimony from parties made during the further review hearing. The final request decision shall be determined by a majority vote of the Commission.
010.08 All decisions made by the Commission shall be final.

74 Neb. Admin. Code, ch. 1, § 010