Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 28 - PROFESSIONAL PRACTICES INVESTIGATIONS AND NONPUBLIC CERTIFICATE HEARINGS
Section 92-28-003 - Complaints and Investigations for Holders of Public or Nonpublic School Certificates

Universal Citation: 92 NE Admin Rules and Regs ch 28 ยง 003

Current through March 20, 2024

003.01 Complaint Procedures

Anyone having an interest in, or information about, an alleged violation of professional practices standards relating to public or nonpublic certificate holders, as contained in 92 NAC 27, may file a signed, written complaint with the Commissioner. The complainant shall use the form prescribed by the Board, a sample of which is included as Appendix A.

003.02 Contents of Complaint

The complaint shall contain the following information:

003.02A The full name, address, and telephone number of the complainant;

003.02B The full name, address, and telephone number, if known, of the respondent;

003.02C A concise statement of the facts which the complainant believes constitute a violation of professional ethics and practices; and

003.02D The full names, addresses, and telephone numbers of any witnesses able to testify as to the facts alleged.

003.03 Distribution of Complaint

Within fifteen (15) days of the filing of a complaint, the Commissioner shall serve a copy of the complaint on the certificated person by certified mail, return receipt requested to the last known address of the person. If service cannot be completed in this manner, it may be accomplished in accordance with state law regarding service of summons.

003.04 Response to Complaint

The certificated person may, within fifteen (15) days of receipt of the complaint, request in writing the opportunity to informally present a position or defense respecting the allegations in the complaint. This position or defense may be submitted in writing, but a personal conference with an investigator assigned by the Commissioner may be had as a matter of right if the written request is made within fifteen (15) days of the receipt of the complaint.

003.05 Evaluation and Investigation

Upon receipt of a complaint, the Commissioner or his or her designee shall evaluate the complaint to determine if the facts alleged are sufficient to constitute a violation of 92 NAC 27. At his or her discretion, the Commissioner may assign an investigator to evaluate the complaint and may cause an investigation to be made into the circumstances surrounding the complaint.

003.05A It shall be the obligation and responsibility of the investigator to prepare a report for the consideration of the Commissioner, which report shall contain a position or defense of the respondent, if any; discuss jurisdiction; and set forth any legal arguments and authorities that appear applicable to the case. The report shall include a recommendation as to whether there exists legally sufficient grounds for further proceedings and a recommendation of one of the following: dismissal, further inquiry, admonishment or reprimand, or the filing of a petition.

003.05B If the complaint alleges violations of the standards of competent professional performance, then professional reviewers appointed by the Commissioner may review the professional performance of the respondent and form opinions of the quality of professional service rendered. If a petition is later filed with the Commission or the Board, such reviewers may relate such opinions by sworn testimony in any hearing where professional competency is in issue, provided that such reviewers shall qualify as expert witnesses before the hearing officer or Commission. Such testimony shall be based on the standards of competent professional performance as set forth in 92 NAC 27.

003.05C Exceptions to Report. The respondent shall be mailed a copy of the investigator's report and shall be given twelve (12) days from the date of the mailing of the report to file exceptions with the investigator. At the expiration of said time limit, the investigator shall file with the Commissioner a report in accordance with the provisions of section 003.05A of this chapter along with the respondent's exceptions, if any.

003.06 Action by the Commissioner

Following the evaluation and investigation, if any, of the complaint, the Commissioner shall take one of the following actions:

003.06A Dismiss the Complaint. Such dismissal may be accompanied by an admonishment or reprimand to the certificate holder, or other action the Commissioner deems appropriate, without a hearing, if the Commissioner determines that:
003.06A1 The alleged violation is not serious enough to warrant suspension or revocation;

003.06A2 No public interest would be served by a formal hearing; and

003.06A3 The certificate holder gives written acceptance of or agreement to the admonishment, reprimand, or other action.

003.06B File a petition pursuant to section 004.

003.07 Informal Disposition

The Commissioner may enter into a stipulation, settlement agreement, or other agreement to resolve any complaint or petition. All agreements to revoke or suspend a Nebraska school certificate shall be approved by the Board. Any modification of the sanction to be imposed by any approval authority shall void the agreement.

003.07A In public school certificate holder cases, all agreements imposing any revocation or suspension sanction shall be reviewed by the Commission and a recommendation made to the Board, if a petition has been filed with the Commission.

003.07B In nonpublic school certificate cases, the Commissioner may enter any agreement imposing sanctions, other than revocation and suspension, without further approval at any time.

003.08 Voluntary Surrender of Certificate(s)

A Nebraska school certificate holder may voluntarily surrender his or her certificate(s). Any such voluntary surrender shall be treated as an indefinite revocation for purposes of publicity and reinstatement. The voluntary surrender of a person's certificate at any time after a report or complaint has been made shall not prohibit the filing of such complaint or a petition unless:

003.08A The certificate holder knowingly admits in writing the truth of such complaint or petition and waives all proceedings against him or her in connection therewith, and

003.08B Agrees to stipulated reprimand or other action deemed appropriate.

003.09 Dismissal

Any dismissal of a complaint in accordance with 003.06A shall be deemed to be a final resolution of the matter and is not subject to appeal to either the Professional Practices Commission or the Board.

003.10 Notification

The Commissioner shall notify the respondent of the Commissioner's decision.

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