Section 178-10-008 - RENEWAL An individual who wants to renew his/her credential under the Act must request renewal as specified in 178 NAC 10-008.02 and must meet all requirements for continuing competency for each renewal period. All credentials issued by the Department under the Act will expire on December 31 of each even-numbered year.
008.01 Renewal Notice At least 30 days before the expiration of a credential, the Department will notify each credential holder at the last known address of record. The renewal notice will include:
1. The type of credential;2. The credential number;4. Continuing competency requirements for renewal;5. The amount of the renewal fee; and6. Information on how to request renewal and how to place a credential on inactive status.008.02 Renewal Procedures The request for renewal may be submitted in person or by mail or Internet, and must include all required documentation and the renewal fee, which must be paid no later than the expiration date. The applicant may obtain an application from the Department or construct an application.
1.Application: The applicant must attest that all information in the application is truthful and complete, and the applicant, in his/her application: a. Must provide the following information: (1) The legal name of the applicant, maiden name (if applicable), and any other names by which the applicant is known;(2) Mailing address (street, rural route, or post office address; and city, state, and zip code, or country information);(3) The applicant's: (a) Social Security Number (SSN); or(b) Alien Registration Number (A#); or(c) Form I-94 (Arrival-Departure Record) number. Certain applicants may have both a SSN and an A# or I-94 number, and if so, must report both.
(d) Telephone number including area code.b. Must state that s/he is one of the following: (1) A citizen of the United States;(2) An alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (INA) and who is eligible for a credential under the Uniform Credentialing Act; or(3) A non-immigrant whose visa for entry, or application for visa for entry, is related to employment as a credential holder in the United States;c. May provide the following information about him/herself: (1) The applicant's e-mail address; and(2) The applicant's fax number;d. Must indicate that s/he:(1) Is of good character;(2) Has met the continuing competency requirements specified in 178 NAC 10-00601; or has requested a waiver if s/he meets the requirements of 178 NAC 10-008.03 and/or 10-008.04;(3) Has not, since the last renewal of the credential, committed any act which would be grounds for action against a credential as specified in 178 NAC 10-009.01 or if an act(s) was committed, must provide an explanation of all such acts. and(4) Is a citizen of the United States or a qualified alien under the federal Immigration and Nationality Act, for the purpose of complying with Neb. Rev. Stat. §§ 4-108 to 4-114. The applicant must provide his/her immigration status and alien number, and agree to provide a copy of his/her USCIS documentation upon request.2.Documentation: The applicant must submit the following documentation with the application: a. Alien or Non-Immigrant: Evidence of lawful permanent residence, and/or immigration status may include a copy of: (1) An Alien Registration Receipt Care (Form I-551, otherwise known as a "Green Card");(2) An unexpired foreign passport with an unexpired Temporary I-551 stamp bearing the same name as the passport;(3) A document showing an Alien Registration Number ("A#") with visa status; or(4) A Form I-94 (Arrival-Departure Record) with visa status;b. Other Credential Information: If the applicant holds a credential to provide health services, health-related services, or environmental services in Nebraska or in another jurisdiction, the applicant must submit the state, credential number, type of credential, date issued, and expiration date of each credential where the applicant has been or is currently credentialed;c. Disciplinary Action: A list of any disciplinary actions taken against the applicant's credential and a copy of the disciplinary action(s), including charges and disposition;d.Denial: If the applicant was denied a credential or denied the right to take a credentialing examination, an explanation of the basis for the denial;e.Conviction Information: If the applicant has been convicted of a felony or misdemeanor since his/her last renewal or during the time period since initial credentialing if such occurred within the previous two years, the applicant must submit to the Department:(1) A list of any misdemeanor or felony convictions;(2) A copy of the court record, which includes charges and disposition;(3) Explanation from the applicant of the events leading to the conviction (what, when, where, why) and a summary of actions the applicant has taken to address the behaviors/actions related to the convictions;(4) All addiction/mental health evaluations and proof of treatment, if the conviction involved a drug and/or alcohol related offense and if treatment was obtained and/or required;(5) A letter from the probation officer addressing probationary conditions and current status, if the applicant is currently on probation; and(6) Any other information as requested by the Board/Department;3. For licensed contractors, proof of public liability and property damage insurance in the amount of at least $100,000.00; and4. The renewal fee according to 178 NAC 11 -003.008.03 Waivers for Military Service A credential holder who has served in the regular armed forces of the United States during part of the credentialing period immediately preceding the renewal date, or is actively engaged in military service as defined in 178 NAC 10-002, is not required to pay the renewal fee or to meet the continuing competency requirements if acceptable documentation is submitted to the Department. The individual must document his/her military service by submitting to the Department:
1. Military identification proving that s/he is in active service;3. A letter from his/her Commanding Officer indicating that s/he is on active duty. Upon receipt of acceptable documentation, the Department will waive the fee and the continuing competency requirements and renew the credential. The credential will remain active until the next renewal period.
008.04 Waiver of Continuing Competency Requirements 10-008.04A The Department waives continuing competency requirements for individuals who were first credentialed within the 24-month period immediately preceding the renewal date.10-008.04B The Department may waive continuing competency requirements, in whole or in part, upon submission by a credential holder of documentation that circumstances beyond his/her control have prevented completion of these requirements. These circumstances may include that the licensee suffered a serious or disabling illness or physical disability which prevented completion of continuing education hours during the 24 months immediately preceding the license renewal date.008.05 Audit The Board reserves the right to audit for good cause the continuing education filing of any licensee by notifying the licensee and requesting the licensee to produce within 30 days of mailing all documents verifying attendance at approved continuing education programs.
008.06 Failure to Document If a licensee is unable to document any hours of attendance at a continuing education program after audit as provided in these regulations, the Department will not include those hours in the calculation of the total of continuing education credit hours earned by the applicant for renewal of his/her license.
008.07 Department Review The Department will act within 150 days upon all completed applications for renewal.
10-008.07AFalse Information: The Department may refuse to renew a credential for falsification of any information submitted for renewal of a credential. The refusal will be made according to 184 NAC 1, the Department's Rules of Practice and Procedure for Administrative Hearings.008.08 Address Information Each credential holder must notify the Department of any change to the address of record.
008.09 Expiration of a Credential A credential expires if a credential holder fails to:
1. Notify the Department that s/he wants to place his/her credential on inactive status upon its expiration;2. Meet the requirements for renewal on or before the date of expiration of his/her credential; or3. Otherwise fails to renew his/her credential. 10-008.09AFailure to Renew: A credential automatically expires without further notice or opportunity for hearing if a credential holder fails by the expiration date of the credential to either: 1. Submit documentation of continuing competency; or2. Pay the required renewal fee.10-008.09BFailure to Meet Continuing Competency Requirements: The Department will refuse to renew a credential, after notice and opportunity for hearing, if a credential holder fails to meet the continuing competency requirements for renewal by the expiration date of the credential.10-008.09CRight to Practice: When an individual's credential expires, the right to represent him/herself as a credential holder and to practice under the Water Well Standards and Contractors' Practice Act terminates.10-008.09DPractice After Expiration: An individual who practices after expiration of his/her credential is subject to assessment of an administrative penalty under 178 NAC 10-012 or such other action as provided in the statutes and regulations governing the credential.10-008.09EReinstatement of an Expired Credential: If a credential holder wants to resume practice under the Act after failing to renew his/her credential by the expiration date, s/he must apply to the Department for reinstatement as specified in 178 NAC 10011.008.10 Inactive Status When an individual wants to have his/her credential placed on inactive status, s/he must notify the Department in writing. There is no fee to have a credential placed on inactive status.
10-008.10ARequest for Inactive Status: When the Department has received notification that an individual wants to have his/her credential placed on inactive status, the Department will notify the credential holder in writing of the acceptance or denial of the request.10-008.10BPlacement on Inactive Status: When an individual's credential is placed on inactive status, the credential holder must not engage in practice as a licensee under the Act, but may represent him/herself as having an inactive credential.10-008.10CReturn to Active Status: A credential may remain on inactive status for an indefinite period of time. An individual who wants to have his/her credential returned to active status must apply to the Department for reinstatement and meet the requirements specified in 178 NAC 10-011.178 Neb. Admin. Code, ch. 10, § 008