Initiation of a Complaint Leading to Revocation of Certification
005.01 Notification by a law enforcement agency A written informal complaint shall be filed with the Executive Director of the Nebraska Commission on Law Enforcement and Criminal Justice (hereinafter Commission) when an agency has reason to believe that it knows of an officer who falls within the purview of Neb.Rev.Stat. § 81-1403(6) and/or section 003 of this chapter.
005.02 Notification by the Public When an individual has reason to believe that there is an officer who falls within the purview of Neb.Rev.Stat. § 81-1403(6) and/or section 003 of this chapter, that individual must file a written informal complaint with the Executive Director of the Commission.
005.03 Initiation of a Complaint by the Director of the Law Enforcement Training Center Pursuant to his/her duties as specified in Neb. Rev. Stat. § 81-1404, the Director may commence revocation proceedings when the Director becomes aware of grounds constituting revocation proceedings as outlined in this chapter.
005.04 The informal complaint shall be in writing and signed by the complainant or authorized representative if complainant is a department or organization.005.05 The informal complaint, whenever possible, shall contain the following information: 1. Full name, address and telephone number of the complainant;2. Full name, address, and telephone number, if known, of the officer who is the subject of the complaint;3. A concise statement of the facts which the complainant believes brings the officer within the purview of Neb.Rev.Stat. § 81-1403(6) and/or section 003 of this chapter together with supporting documentation, if any.005.06 When completed, informal complaints shall be delivered to the Nebraska Commission on Law Enforcement and Criminal Justice, 301 Centennial Mall South, P.O. Box 94946, Lincoln, Nebraska 68509. Upon receipt, each informal complaint shall be assigned a number and reviewed by the Executive Director. 1. The Executive Director shall review every informal complaint. If the allegations of the informal complaint describe conduct which, even if true, would not constitute grounds for revocation, the matter will be rejected. The complainant will be notified of such rejection.2. If there is a question as to the merits of the informal complaint, the individual who has requested revocation may be required to supply additional information to the Executive Director. The Executive Director may also ask that the officer who is the subject of the informal complaint (hereinafter respondent) to provide information as outlined in this chapter.005.07 A summary of the allegations shall be sent to the respondent by United States mail, certified mail, return receipt requested.005.08 The respondent is allowed fifteen (15) days from the date of mailing of the informal complaint to informally respond to the allegations of the complaint. The response shall be in writing and shall be delivered to the Executive Director in person or by United States mail, certified mail, return receipt requested.005.09 Automatic Revocation based upon Final Felony Conviction005.09A If the Director of the Nebraska Law Enforcement Training Center receives notice that the respondent has been convicted of a felony and the conviction is final, the Director shall: 005.09A(1) Take reasonable efforts to notify the respondent within 30 days of the receipt of the information pertaining to the felony conviction. The notification procedure outlined in section 005.07 shall constitute reasonable notice.005.09A(2) The notification shall include a summary of the felony conviction(s) and notice of the opportunity to be heard when the respondent believes that the conviction is not final or concerns someone other than the respondent.005.09B The provisions of sections 006 through 010 of this chapter shall not apply to cases of automatic revocation procedures for final felony convictions.005.09C The respondent shall have 30 days from receipt of the Director's notice to file his or her intent to appear. If no intent to appear has been filed, then the respondent's law enforcement license/certificate shall be automatically revoked without any further action by the Council or Commission. The Director shall cause the respondent's permanent officer file to reflect that his or her license/certification has been revoked.005.09D In the event that the respondent files notice of his or her intent to appear, the Director shall forward the officer's permanent file and the certified conviction packet to the Council for review and subsequent action. The review hearing shall occur no later than sixty days after the receipt of the intent to appear. The Council shall provide to the respondent notice of the review hearing date and time. 005.09D(1) If the respondent fails to appear before the Council, either personally or electronically, then the respondent's certificate shall be automatically revoked as outlined in section 005.09C.005.09D(2) The only issues that may be raised by the respondent are that the conviction is not final and/or the felony conviction did not involve the respondent as the defendant.005.09D(3) Upon competent proof of the final conviction, the Council shall enter an order recommending revocation of the respondent's law enforcement certificate(s) and forward the matter to the Commission for final review and approval.79 Neb. Admin. Code, ch. 9, § 005