Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES
Section 92-43-003 - Complaints and Investigations for Holders of Authorization to Operate and Agents Permits
Current through March 20, 2024
003.01 Complaint Procedures
Any person having an interest in, or information about any act or practice by a private postsecondary career school or an agent, which is a violation of 92 NAC 41, 92 NAC 42, or the ACT, may file a verified 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:
003.03 Distribution of Complaint
Within fifteen (15) days of the filing of a complaint, the commissioner shall serve a copy of the complaint on the respondent by United States mail to the last known address of the respondent.
003.04 Response to Complaint
The respondent may, within fifteen (15) days after 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 41, 92 NAC 42, or the ACT. 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.
003.06 Action by the Commissioner
Following the evaluation and investigation, if any, of the complaint, the commissioner shall take one of the following actions:
003.07 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 an authorization to operate or an agent's permit, or both, shall be approved by the board.
003.08 Voluntary Surrender of Authorization to Operate or Agent's Permit
A private postsecondary career school may voluntarily surrender its authorization to operate or an agent may voluntarily surrender his or her agent's permit. Any such voluntary surrender shall be treated as an indefinite revocation for purposes of publicity and reinstatement. The voluntary surrender of an authorization to operate or agent's permit at any time after a report or complaint has been made shall not prohibit the filing of such complaint or a petition unless:
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 the board.
003.10 Notification
The commissioner shall notify the respondent of the commissioner's decision.