79 Neb. Admin. Code, ch. 9, § 003

Current through September 17, 2024
Section 79-9-003 - Authority & Grounds for Revocation

Neb.Rev.Stat. § 81-1403(6) provides that the Council may revoke certificates or diplomas for reasons which shall include, but not be limited to incompetence, neglect of duty and physical, mental or emotional incapacity and upon final conviction of a felony. This section shall serve as further grounds for revocation. The following grounds may also serve as justifications for revocation:

003.01 Upon a final adjudication of malfeasance in office;
003.02 Willfully providing false information in connection with obtaining certification, maintaining or reactivating certification status;
003.03 Upon final conviction of a misdemeanor under state law, federal law or the law of another jurisdiction and which, if committed within this state, would have constituted a misdemeanor under state law and which has a rational connection with the officer's fitness or capacity to serve as a law enforcement officer; a certified copy of the conviction shall serve as conclusive evidence of that conviction;
003.04 The commission of an act that would constitute a violation of the officer's oath of office, code of ethics and/or a violation of his/her statutory duties;
003.05 The revocation or relinquishment, denial of renewal or suspension of the officer's law enforcement certificate or license by another state or jurisdiction for such grounds that would constitute grounds for revocation or denial in this state. A certified copy of the record of revocation, relinquishment denial or suspension shall be conclusive evidence of such administrative action;
003.06 Mental incapacitation that is permanent or is reasonably likely to be permanent and which substantially impairs the officer's abilities to perform the duties of a law enforcement officer as evidenced by a legal adjudication or as determined by a licensed psychiatrist and for which no reasonable accommodation can be made;

79 Neb. Admin. Code, ch. 9, § 003