Section 92-21-009 - Appeals Procedure009.01Notice. The Department notifies in writing an applicant for a certificate, permit, or endorsement if the Department intends to deny an application and provide the reason(s) for the denial.009.02Request for Review. The applicant may request in writing a review by the Commissioner within twenty calendar (20) days after receipt of the written notice provided for in Section 009.01 of this chapter. Failure of an applicant to request a review by the Commissioner within twenty (20) calendar days after receipt of the notice will be a waiver of any further appeal by the applicant and results in a denial of the certificate, permit, or endorsement. After receipt of the request for review, the Commissioner must: 009.02A Notify the applicant that the Department will issue the certificate, permit, or endorsement being sought;009.02B Notify the applicant that the application for a certificate, permit, or endorsement is denied; or009.02C Notify the applicant that the application for a certificate, permit, or endorsement is denied for the reason(s) set forth in the notice and that, as a result of the applicant's failure to request a review pursuant to Section 009.02 of this chapter, the applicant has waived any further appeal to the Board regarding the current application.009.03Hearings. Within twenty (20) calendar days of receipt of the notice of the Commissioner's denial of the certificate, permit, or endorsement pursuant to subsection 009.02B of this chapter, the applicant may appeal the Commissioner's decision pursuant to 92 NAC 61. If the Board finds that the requirements in this or related chapters have been improperly applied to the applicant or in the case of an applicant whom the Commissioner has rejected due to criminal convictions, that the applicant has good moral character and possesses the moral fitness for teaching, then the Board may direct the Commissioner to issue a certificate or permit to the applicant.009.04Guidelines for Review. In considering whether to deny, not issue, or not renew a certificate or permit of an applicant based upon criminal convictions, the Commissioner and the Board shall take into account the following factors in determining moral character and moral fitness to teach:009.04A The nature of the crime, the facts and circumstances surrounding the applicant's conviction including whether the conduct of the applicant would constitute a crime in Nebraska, the sentence received, and whether the sentence was commuted, set aside, or pardoned;009.04B The applicant's age at the time of the conduct;009.04C The recency of the conduct;009.04D The applicant's positive social contributions since the conduct; and009.04E The reliability of the information concerning the conduct.009.05 Applicants who have failed to request a review pursuant to Section 009.02 of this chapter are prohibited from re-applying for any certificate or permit for one year from the date the Commissioner denied the application.009.06 Applicants who have appealed a denial pursuant to Section 009.03 of this chapter and the denial was affirmed by the State Board are prohibited from re-applying for any certificate or permit for one year from the State Board's order.92 Neb. Admin. Code, ch. 21, § 009
Amended effective 10/20/2020Amended effective 2/18/2024