95 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024

Section 95-1-003 - The Petition

003.01Filing

A Petition may be filed by the Commissioner if he or she finds probable cause to pursue disciplinary action against a teacher, administrator, or special services counselor. Upon filing of the Petition with the Commission, the case shall be assigned a case number.

003.02Form of Petition

The Petition shall comply with Rule 003.032A through 003.02G and be prepared in substantially the form set forth in Appendix A.

003.02A The venue shown as :BEFORE THE NEBRASKA PROFESSIONAL PRACTICES COMMISSION

003.02B A heading captioned (Name), COMMISSIONER OF EDUCATION, PETITIONER;

003.02C The full name, address, telephone number, and social security number, if known, of the Respondent;

003.02D The type, rank, level, endorsements, and expiration dates of certificate(s) held by Respondent;

003.02E A concise statement of fats which the Commissioner believes constitutes a violation of professional ethics and/or practices;

003.02F The provision(s) of statute or rule which are alleged to be violated;

003.02G The name of the school or school district, if any, currently employing the Respondent.

003.03Notice to File Answer

Upon filing a Petition, the Commissioner shall send by certified mail, return receipt requested, a copy of the Petition, and a Notice to the Respondent. The Notice shall state that the Respondent has a right to submit an Answer within twenty-one (21) days after the receipt of the notice. Mailing of any other Notice required under this Chapter shall be to Respondents last known address by regular U.S. Mail.

003.04Answer

The Respondent may file an Answer to the Petition. A sample Answer is included in Appendix B of this Chapter. It shall show venue as Before the Nebraska Professional Practices Commission, State of Nebraska and shall be captioned Answer The answer shall contain the following information:

003.04A The name and address of the Respondent;

003.04B Specific statements regarding any and all allegations in the Petition, which shall be in the form of admissions, denials, explanatory remarks, or statements of mitigating circumstances; and any additional facts or information the Respondent deems relevant and which may be of assistance in the ultimate determination of the case.

003.05Failure to Answer

In the event the Respondent fails to respond to the Petition by filing an Answer with the Commission within twenty-one (21) days after service of the Petition and Notice to file an Answer, the Respondent shall be considered in default. Such default shall be considered as an admission by the Respondent of the allegations set forth in the Petition and as a waiver by the Respondent to a hearing as provided in Section 004 and 005 of this Chapter. Upon default by the Respondent, the Commission may request the Petitioner to file supporting information in the form of affidavits, court records, or other documentation regarding the allegations in the Petition. Based upon the Petition, any pleadings, and any information filed as requested by the Commission, the Commission shall render a final decision, or in the case of suspension, revocation, or reinstatement, a recommendation shall be made to the Board without any hearing or further notice to the Respondent.

003.06Format for Filings

All answers, motions, or other pleadings filed in cases arising under this Chapter shall be typewritten on 81/2 x 11" white, 3-hole punched paper and shall be accompanied by two copies. All documents shall contain the title signature of the person filing the document, and the name of the party on whose behalf the document is filed.

003.07Filing Location and Service Period

All filings with the Commission shall be made with the Nebraska Professional Practices Commission; P.O. Box 94941, 301 Centennial Mall South; Lincoln, Nebraska 68509. When a party files a document, they shall simultaneously serve copies upon the other party. Any documents filed shall contain a certificate attesting to its service by mail, personal delivery, or otherwise. Service by mail shall be deemed completed upon mailing.

003.08Filing Deadlines

When the filing of a pleading or an act required to be done on or before a given date falls on a Saturday, Sunday, or legal holiday on which the Office of the Commission is closed, the pleading or act need not be filed or done until the next succeeding working day that the Office of the Commission is open for the transaction of business. All time limits referred to in this Chapter shall mean calendar days.

95 Neb. Admin. Code, ch. 1, § 003