395 Neb. Admin. Code, ch. 2, § 004

Current through September 17, 2024

Section 395-2-004 - CENTRAL REGISTRY CHECK FEE

004.01 CENTRAL REGISTRY CHECK FEE

004.01(A)PAYMENT. A fee of $ 2.50 shall be charged to the requestors of a Central Registry check for processing and issuing the results. A Central Registry check will not be processed until the fees assessed by the Department have been paid. All payments shall be made payable to the State of Nebraska. Cash payments will not be accepted and any cash received will be returned to the sender.

Central Registry fees shall apply without regard to whether Central Registry check results are issued. Requests where applicant information is incomplete or applicant information conflicts with Department information will result in the request being returned to the individual or organization without a refund of the fee.

All fees collected pursuant to this section shall be deposited to the State Treasurer for credit to the Health and Human Services Cash Fund.

004.02UNDUE HARDSHIP.

004.02(A)ELIGIBILITY. Waivers granted by the Department based on undue hardship are intended to ensure that individuals can obtain the results of a Central Registry check and not be inconvenienced economically. An undue hardship waiver is not available to organizations, businesses, or agencies.

004.02(B)CRITERIA. Any of the following circumstances may constitute an undue hardship and may result in a waiver of the Central Registry fee:

1. The applicant is currently receiving Temporary Cash Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Assistance to the Aged, Blind or Disabled (AABD), or Medicaid benefits; or

2. The applicant has recently experienced an event including but not limited to fire, illness, accident, or job loss that has resulted in a significant financial difficulty.

004.03APPLICATION AND REVIEW PROCESS.

A waiver shall only be available to an individual. The individual must apply for a waiver in writing prior to a request being made through the Central Registry process. The written application must include a statement of the individual's resources, a signed release granting permission for the Department to review records relating to the applicant's Department-administered public assistance benefits, and a statement of why an undue hardship waiver should be granted. The Department may require additional verification of any information included in the waiver application.

004.04APPEAL.

If the waiver request is denied the individual may appeal by submitting a written request for a hearing to the Department's Hearing Office within 90 days of the date the letter denying the request. Administrative hearings will be carried out in accordance with the Administrative Procedure Act § 84-901 et seq. and 465 NAC 6.

395 Neb. Admin. Code, ch. 2, § 004