140 Neb. Admin. Code, ch. 4, § 002

Current through September 17, 2024

Section 140-4-002 - Process for Review of Investigative Records under 20-330(2)

002.01 Location of Review

Any review of records by an aggrieved person or respondent under section 20-330(2), not otherwise confidential or privileged, shall occur at one of the Commission offices in Lincoln, Omaha, or Scottsbluff.

002.02 Request for Review

An aggrieved person or respondent seeking review shall submit a request for review by delivery, by mail, by facsimile, or electronically. All requests for review shall be:

002.02A made in writing to the Executive Director;

002.02B directed to the principal office of the Commission;

002.02C include the appropriate NEB case number and case name;

002.02D be accompanied with a copy of a letter of representation, if the record is to be reviewed by counsel for a party; and

002.02E provide the date and Commission office for which review is requested.

002.03 Timeline for Requests for Review

Because all investigative files are stored in Lincoln at the principal office of the Commission or in off-site storage, requests for review must be submitted:

002.03A at least ten (10) days prior to the date on which review is requested for parties who wish to review records at Commission offices outside of Lincoln; or

002.03B at least three (3) days prior to the date on which review is requested for parties who wish to review records at Commission offices in Lincoln.

The Commission will provide the files for review within such times if the files are available. In all cases, when the file becomes available at the site for review, the Commission will notify the requester. If, within seven (7) days after such notice, the requester has not conducted the review or made other arrangements for review, the file will be returned.

002.04 Reproduction of Files

Documents may not be copied in the course of a file review but tapes may be listened to and documents may be examined. If the file review is not completed on the arranged date, it may be continued at a date and time thereafter as arranged between the Commission and requester, without submission of an additional request.

140 Neb. Admin. Code, ch. 4, § 002