Section 184-1-008 - DENIAL, REFUSAL TO RENEW, SUSPENSION, REVOCATION, OR OTHER DISCIPLINEThis section governs actions involving denial, refusal to renew, or discipline of credentials and permits except for petitions for discipline covered under section 009 or when specific procedures are required by statute or rules and regulations.
008.01NOTICE. A denial, refusal to renew, suspension, revocation or other discipline may be made in the form of a notice, order, or letter that: (A) Provides the affected person reasonable notice of the factual basis for the action and statutory or regulatory provisions supporting the action;(B) Notifies affected persons of their right to request a hearing and the time and method for doing so; or, if hearing is not required, notifies affected persons that no hearing will be held and the basis for that determination; and(C) Is served by a means permitted by law.008.02EFFECTIVE DATE. The decision becomes final 30 days after the date the decision was mailed unless the person affected makes a timely request for hearing.008.03HEARING REQUESTS. Subject to section 007.02, an applicant or credential or permit holder will be given an opportunity for hearing if a written request for hearing is filed with the Division within 30 days of the date the challenged decision was mailed. The request must contain the person's name, address, and telephone number; the name, business address, and telephone number of the person's attorney, if any; a request for a hearing and identification of the decision on which the person wishes to be heard; and a description of the issues to be decided at hearing, to the extent known. The request may be made in the form of a letter or pleading submitted in hard copy or electronically.008.04ANSWERS AND OTHER RESPONSES. Applicants and credential or permit holders may answer the allegations of the Division's notice of action, although an answer is not required. If the party wishes to answer, the answer must be filed with the Division within thirty 30 days of the date the challenged decision was mailed. An answer may be included in the request for hearing.008.05NOTICE OF HEARING. Notices of hearing are governed by 53 NAC 4-004.08, provided that, if the issues cannot be fully stated in advance of hearing, or if subsequent amendment of the issues is necessary, they must be fully stated as soon as practicable by prehearing offer, stipulation of the parties, or other appropriate means.008.06SETTING HEARINGS. The hearing officer will set the time and place of the hearing within 30 days after receipt of a timely request for hearing. Hearings will be held within 90 days after receipt of a timely request for hearing unless another time period is prescribed by statute or rules and regulations, or the hearing is continued for good cause.184 Neb. Admin. Code, ch. 1, § 008
Amended effective 9/17/2024