79 Neb. Admin. Code, ch. 9, § 006

Current through September 17, 2024

Section 79-9-006 - Initial Inquiry

The informal complaint along with any supporting documentation and the informal response by the respondent, if submitted, shall be reviewed by the Executive Director in order to determine appropriate disposition of the informal complaint. Disposition may include one of the following: rejection of the informal complaint, assigning the informal complaint for investigation, or setting the informal complaint for formal hearing.

006.01 Rejection of the Complaint

If the Executive Director makes a determination that the informal complaint should be rejected, a report shall be made to the Commission summarizing the facts and giving the basis for the rejection of the informal complaint. Unless further inquiry is directed by two thirds of the Commission present at the quarterly meeting, the matter shall be deemed closed and a letter summarizing the position of the Commission shall be sent to the complainant and the respondent. If further inquiry is ordered, the Executive Director shall review the subsequent findings in order to determine if cause for revocation exists. In the event that the Executive Director determines that there is no cause for revocation, then the matter will be deemed closed.

006.02 Investigation

If the designee of the Commission deems it necessary, the complaint, respondent's response and all other additional documentation and information shall be forwarded to the State Patrol or other designated law enforcement agency or qualified individual for investigation of the allegations.

006.03 Upon completion of the investigation, the designated agency or individual shall make a recommendation as to whether revocation grounds exist. Said recommendation shall be based upon probable cause that either the statutory grounds or the grounds identified within this chapter have been established. In the event that additional grounds are uncovered during the investigation, the investigator may include those grounds as part of the investigation and recommendation. All reports and relevant materials shall be turned over to the Executive Director for further processing of the complaint.

006.04 If, after review of all documents, informal complaints, responses in the initial inquiry, and results of any investigation, the Executive Director makes the determination that the respondent falls within the purview of Neb.Rev.Stat. § 81-1403(6), the Executive Director shall cause a formal complaint to be filed with the Council regarding revocation of the respondent's certification.

79 Neb. Admin. Code, ch. 9, § 006