Section 92-42-007 - Applicant Fails to QualifyUpon review and consideration of an application for an agent's permit, if the department determines that the applicant fails to meet the standards established in the Act, the department shall:
007.01 So notify the applicant, setting forth the reasons therefore in writing, and shall deny the application;007.02 Notify the school which the agent represented or proposed to represent, according to the records of the department, including the reasons for denial.007.03 Extension of Time The commissioner may grant to an applicant for an agent's permit an extension of time of reasonable duration in which the applicant may eliminate the reasons for denial contained in the statement of denial if the applicant has demonstrated to the satisfaction of the commissioner the desire to meet the standards established, and if, in the judgement of the commissioner, it would be reasonably possible for the applicant to meet such requirements and standards within such time.
007.04 Right of Hearing Any person aggrieved by a decision of the commissioner respecting denial of or the placing of conditions on an agent's permit shall have the right to a hearing and review of such decision by the board as provided in sections 007.04A thru 007.04C.
007.04A If, upon written notification of any such action taken by the commissioner, the aggrieved party desires a hearing and review, such party shall so notify the board in writing within ten (10) business days after the giving of notice of such action was received. If such notice is not given, the action shall be deemed final. Upon receipt of such notice from the aggrieved party, the board shall fix the time and place for a hearing and shall notify the aggrieved party by certified mail.007.04B At such hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition to the commissioner's action or in extenuation or mitigation. The hearing shall be conducted in accordance with 92 NAC 61. Any member of the board may preside except when a clear conflict of interest may be demonstrated. 007.04B1 The board shall adopt and promulgate rules and regulations for such hearings and may utilize hearing officers to conduct the hearings and present recommendations, including findings of fact and conclusions of law, to the board for final decision. 007.04CFinality of Board Decision. A decision of the board following a hearing shall be deemed final subject to the right of judicial review provided in 92 NAC 61. All matters presented at any such hearing shall be acted on promptly by the board, and the board shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing, and the appropriate rule, order, sanction, relief, or denial thereof.92 Neb. Admin. Code, ch. 42, § 007
Amended effective 11/8/2016.