Section 442-10-003 - Notice of Action003.01 When the Commission determines that the certificate of an assessor might be invalidated, or suspended pursuant to Neb. Rev. Stat. § 77-5020, the Commission shall file an action to determine whether it should invalidate or suspend the certificate and notify the assessor in writing of the pending action. Notice of filing the action shall be sent by certified mail, postage prepaid, a return receipt may be requested. The notice shall advise the assessor that his or her certificate may be invalidated or suspended; and shall advise the assessor of the action or failure to act which forms the basis for the possible invalidation or suspension of a certificate.003.02 The assessor shall be given ten (10) days from the date of the letter to provide the Commission with a written response. If the Commission determines that the written response demonstrates by a preponderance of the evidence that the assessor did not willfully fail or refuse to comply with an order of the Commission, then the Commission shall notify the assessor of that decision, and dismiss the action.003.03 If the Commission determines that the written response fails to demonstrate by a preponderance of the evidence that the assessor did not willfully fail or refuse to comply with an order of the Commission, then the Commission shall issue an Order for Hearing and a Notice of Hearing. The Order for Hearing and the Notice of Hearing shall be served upon the assessor by certified mail, postage prepaid, a return receipt may be requested. The hearing on the matter shall be held in the City of Lincoln, Lancaster County, Nebraska. The hearing shall be held not less than thirty (30) days from the date of the Notice of Hearing.442 Neb. Admin. Code, ch. 10, § 003