Section 291-1-004 - FORMAL AND DEPARTMENTAL COMPLAINTS:004.01Applicability: The following apply to formal complaints and departmental complaints in addition to the requirements set forth in section 004. To the extent a conflict exists between section 003 and 004 with respect to a formal complaint or departmental complaint, section 004 controls.004.02Departmental Complaint:004.02A A departmental complaint must contain the name of the complainant, the name of the respondent, a clear and concise allegation of each offense in terms of each applicable statute, rule or Commission order, the requested relief, and be signed by the complainant.004.02B An answer to a departmental complaint must be filed and must admit or deny each material allegation of the departmental complaint. The answer must set forth any affirmative defense which respondent may assert. 004.02B1 The answer must be filed with the Commission within twenty (20) days after service of the complaint.004.02B2 Except for good cause shown, failure to answer will be construed as an admission of the allegations in the complaint. The fact that a failure to answer will be construed as an admission to the allegations in the complaint must be included in the complaint served upon respondent.004.03Formal Complaints:004.03A A formal complaint must contain the name of the complainant, the name of the respondent, a clear and concise allegation of each offense, the requested relief, and be signed by the complainant.004.03B An answer to a formal complaint must be filed and must admit or deny each material allegation of the complaint. The answer must set forth any affirmative defense which the defense may assert. The Commission will have the discretion, upon proper showing, to dismiss the formal complaint or require further action. 004.03B1 The answer must be filed with the Commission within twenty {20) days after service of the complaint.004.03B2 Except for good cause shown and except where a Statement of Satisfaction has been filed and accepted, failure to answer will be construed as an admission of the allegations in the complaint.004.03C A respondent to a formal complaint may file with the Commission a Statement of Satisfaction of the formal complaint.004.03C1 Such Statement of Satisfaction must be filed with the Commission within ten (10) days after service of the complaint upon respondent.004.03C2 Respondent must serve a copy of the Statement of Satisfaction upon the complainant.004.03C3 Within five (5) days after receipt of the Statement of Satisfaction by complainant, complainant may file a Statement of Acceptance, a copy of which must be served upon respondent. The respondent may then move for dismissal at any time prior to the time set for hearing on the complaint.004.03C4 If a Statement of Satisfaction is filed by the respondent but is not accepted by the complainant, the respondent must file an answer with the Commission within twenty (20) days from the date of service of the Statement of Satisfaction with a copy thereof being served on complainant.291 Neb. Admin. Code, ch. 1, § 004
Adopted effective 4/21/2019