Section 272-21-012 - RIGHTS OF PERSONS DENIED PERMITS012.01 Persons denied a permit by the Patrol may file a request for an administrative due process hearing to review the denial. A request will be considered timely filed if placed in the United States mail with sufficient postage, properly addressed to the Nebraska State Patrol, Concealed Handgun Permit Program, P.O. Box 94907, Lincoln, Nebraska 68509 within fourteen (14) working days of the mailing of the denial letter to the applicant. No administrative healing will be afforded applicants who fail to timely file an appeal of the Patrol's denial of a permit.012.02 If a hearing is held, it will be conducted in accordance with the Nebraska Administrative Procedures Act and the Patrol Rules and Regulations under Title 272 NAC Chapter 1. The petitioner (applicant) will specify through pleadings or at a prehearing conference the basis for the appeal.012.03 The scope of the hearing will include a review of the application information.012.04 The Patrol has the burden of proceeding with evidence to show why the application was denied.012.05 A decision will be made by the Superintendent within fifteen (15) working days of the hearing.012.06 Appeals from the Superintendent's decision may be filed pursuant to Neb. Rev. Stat. § 69-2430.012.07 No hearing will be afforded applicants who failed to successfully complete an approved training program.012.08 Any person initially denied a permit because of failure to submit proper documentation may contact the CID to see if the deficiencies can be corrected.012.09 Any person denied a permit based on the applicant's Nebraska criminal history information which they believe to be erroneous may contact the CID to challenge the criminal history information per Neb. Rev. Stat. § 29-3525.012.10 The Superintendent of the Patrol may assign a hearing officer to conduct prehearing conferences and hearings and submit a recommended decision. The hearing officer will follow the rules of procedure as found in 272 NAC 1,012.11 In the event the Petitioner fails to appear for a hearing, a default disposition will be entered into the record upholding the decision of the Patrol.272 Neb. Admin. Code, ch. 21, § 012
Amended effective 7/19/2022