Section 78-10-015 - Procedure for Conducting Administrative Investigations of Improper Access or Breach by an Authorized User015.01 The Commission will conduct an administrative investigation of any Authorized User for suspected improper access or breach. The NCJIS Project Manager will compile the information for the Administrative Investigation.015.02 The NCJIS Project Manager will serve as the investigator regarding any administrative investigation. The investigation will include, but not be limited to, data collection and any information that authorized user desires to provide.015.03 At the conclusion of the investigation, the investigator will advise the user of the possible sanctions which may be imposed. Notification will be made in writing either through email or U.S. mail.015.04 The investigator will fill out an electronic NCJIS Use Investigation Report detailing the facts of the investigation.015.05 This report will be shared with the Executive Director, who will have this information compiled into a registry administered by the NCJIS Project Manager. The NCIS Project Manager will refer results of the investigation with the NSP CJIS Systems Officer for further examination of violations of the U.S. Department of Justice, Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy. Misuse of the National Crime Information Center or Criminal History Record Information is subject to additional federal criminal and/or civil penalties.015.06 The NCJIS Use Investigation Report will be approved by the Executive Director. 015.06A At the conclusion of the investigation, the facts of the investigation may be submitted to the appropriate prosecuting authority by the Executive Director to determine if there was any violation of Nebraska law warranting criminal prosecution.015.06B At the conclusion of the investigation, the relevant results of the investigation will be submitted to the data owner by the NCJIS Project Manager for the data owner to determine if there was any violation of applicable laws.015.07 At the conclusion of the investigation, the NCJIS Project Manager or designee will notify the Authorized Agency head or designee, and the Authorized User, separately, in writing by email, fax, or U.S. Mail of the following: 015.07A Name of Authorized User who was suspended;015.07B The alleged violation and date thereof; and015.07C Status of the matter following the administrative investigation.78 Neb. Admin. Code, ch. 10, § 015
Adopted effective 12/8/2020Amended effective 11/13/2021