247 Neb. Admin. Code, ch. 12, § 008

Current through September 17, 2024
Section 247-12-008 - RECOMMENDATION
008.01Upon Receipt of the Application. When the Director receives the application and the application fee, he or she will review it and any additional evidence filed with it. The Director may, at his or her discretion, request additional evidence from the applicant. The Director may conduct any investigation he or she determines is necessary to protect the public safety. Failure to cooperate with requests for additional information may be cause for an unfavorable recommendation.
008.02Timelines. The Director will make a recommendation to the Board within a reasonable time, taking into consideration the completeness of the application, and the progress of any investigation the Director may deem necessary.
008.03Written Recommendation. The Director shall make a recommendation for reprieve or denial. The recommendation shall be in writing and shall briefly state the reasons for the recommendation. The Director will include with the recommendation (1) the original application; (2) all other evidence in the file, including evidence submitted by the applicant or any other person, for or against the reprieve; and (3) any other applications the applicant has previously filed under these rules and regulations.
008.04Copy to Applicant. A copy of the recommendation shall be mailed to the applicant by U.S. mail at the address provided by the applicant.
008.05Opportunity to Withdraw Application or File Written Response. At any time prior to the date the Board considers the application, the applicant shall be allowed to withdraw his or her application from consideration or make any written response. The response will be forwarded to the Board, but the Director will not amend a recommendation based on the response.

247 Neb. Admin. Code, ch. 12, § 008

Amended effective 12/27/2022