Section 78-6-013 - NoncomplianceWhen a county attorney or deputy county attorney has not fulfilled the required number of hours of annual mandatory continuing legal education, the following will apply:
013.01 Noncompliance Review and Hearing: 013.01A The Commission may designate the Executive Director or some other person(s) to make the initial determination with respect to any noncompliance, which determination shall be reviewed by the Commission before notice of noncompliance is sent to any county attorney or deputy county attorney.013.01B If a county attorney or deputy county attorney fails to meet the statutory requirements for continuing legal education or fails to file a proper affidavit with respect thereto on Form CLE-4, then the Commission shall cause a Notice of Noncompliance to be sent to such county attorney or deputy county attorney by certified mail directed to the last know address as indicated on records maintained in the Commission office. Such notice shall advise the county attorney or deputy county attorney of the existence and nature of such noncompliance and that the county attorney or deputy county attorney may file a request for hearing with the Commission within thirty (30) days of the date of mailing of the notice. If no hearing is requested during this period, the Commission shall then report such noncompliance to the Attorney General within sixty (60) days after the mailing of such notice, for further proceedings in accordance with Nebraska Statute 23-1212.013.01C If a hearing is requested by a county attorney or deputy county attorney determined to be in noncompliance, the Commission shall conduct a hearing at which the county attorney or deputy county attorney may be represented by counsel and shall make a stenographic or tape recorded record of all proceedings at the hearings. The hearing may be held before the full Commission or by a Hearing Panel comprised of not fewer than three Commission members designated by the Chairman of the Commission. The Commission or Hearing Panel may admit any relevant evidence, including hearsay. Prevailing rules of privilege shall apply. If the hearing is conducted before a Hearing Panel, its findings and recommendations shall be transmitted to the Commission.
013.01D If, after such hearing, the Commission determines that a county attorney or deputy county attorney is in noncompliance with this rule and regulation, it shall notify the Attorney General within fifteen (15) days for further proceedings in accordance with Nebraska Statute 23-1212.013.01E If failure was not willful or negligent, the county attorney or deputy shall be permitted to make up the outstanding hours of continuing legal education on or before a deadline designated by the Commission.78 Neb. Admin. Code, ch. 6, § 013