Current through March 20, 2024
006.01 Former
Public School Certificate Holders
The application, filing, and hearing procedures for
reinstatement of public school certificates are governed by 95 NAC 2.
006.02 Former Nonpublic School
Certificate Holders
Upon expiration of the time period fixed in the revocation
order of the Board, a person whose nonpublic school certificate has been
revoked may petition the Board for reinstatement of his or her
certificate.
006.03
Reinstatement Petition
Petitions to the Board shall be in writing and shall contain
the following information:
006.03A The
venue shown as "BEFORE THE STATE BOARD OF EDUCATION";
006.03B A heading captioned "IN THE MATTER OF
THE REINSTATEMENT OF:";
006.03C The
name and address of the applicant;
006.03D The case number and the caption
"PETITION FOR REINSTATEMENT" under the case number.
006.03E A statement that "The undersigned
applicant for reinstatement of a revoked Nebraska nonpublic teaching, nonpublic
administrative, or nonpublic special services counseling certificate alleges:";
006.03E1 Applicant shall set forth the type,
rank, level, endorsements, and expiration dates of the certificate(s) revoked,
and his or her social security number.
006.03E2 Applicant shall set forth the Final
Decision of the Board revoking the certificate(s).
006.03E3 Applicant shall set forth the
name(s), address(es), and telephone number(s) of all witnesses, including
applicant, that will testify on behalf of petitioner at the hearing.
006.03E4 Applicant shall set forth the
name(s), address(es), telephone number(s), and date(s) of employment for all
employers of applicant during the period of certificate revocation. If
unemployed for over three months during any time period, the applicant shall
set forth his or her activities during that time period.
006.03F A statement indicating the applicant
has fully complied with the Order of Revocation that he or she will not, in the
future, engage in any practice which is listed in the statutes as grounds for
revocation or suspension of a certificate, and that he or she is familiar with
the criteria of professional practices adopted as 92 NAC 27.
006.03G The applicant's signed, dated, and
notarized affirmation that the statements in the petition are true, correct,
and complete to the best of his or her knowledge and belief.
006.04 Filing of Petition
The petition shall be filed with the Board and a copy of the
petition shall be served upon the Commissioner.
006.04A Upon receipt of the Petition for
Reinstatement, the Commissioner or his or her designee may investigate the
applicant in order to determine the propriety of contesting the
petition.
006.04B If the
Commissioner contests the petition, he or she shall file an Answer to the
petition with the Board within thirty (30) days from the date the petition was
filed, setting forth the grounds for objection.
006.04C Upon the filing of an Answer by the
Commissioner, the Board shall appoint a hearing officer under the terms and
conditions provided in 92 NAC
28-005.
006.04D If the Commissioner does not contest
the Reinstatement Petition, he or she shall forward either a written
recommendation in support of petition or a written document with no
recommendation to the Board.
006.05 Reinstatement Hearing
The hearing shall be conducted in accordance with the
procedures established in 92 NAC 28, as modified below.
006.05A The burden shall be upon the
applicant to prove to the hearing officer by a preponderance of the evidence
that applicant meets all certification requirements in force at the time of the
application.
006.06
Board Review
The recommendations of the Commission or of a hearing officer
shall include findings of fact, conclusions of law, and a recommendation of
reinstatement or a recommendation of denial of reinstatement. Such
recommendations shall be in writing and shall also include a summary of the
testimony of the hearing in addition to a copy of all pleadings and
exhibits.
006.06A The format and
filing requirements for a board review shall be in accordance with the
provisions of section 003.02 and section 003.03 of this chapter.
006.06B The board review and disposition
shall be conducted in accordance with the procedures established in section 004
and section 005 of this chapter.
