Current through September 17, 2024
An individual who wants to renew his/her credential under
the Act must request renewal as specified in 178 NAC 10-008.02 and must meet
all requirements for continuing competency for each renewal period. All
credentials issued by the Department under the Act will expire on December 31
of each even-numbered year.
008.01
Renewal Notice
At least 30 days before the expiration of a credential, the
Department will notify each credential holder at the last known address of
record. The renewal notice will include:
1. The type of credential;
2. The credential number;
3. The expiration date;
4. Continuing competency requirements for
renewal;
5. The amount of the
renewal fee; and
6. Information on
how to request renewal and how to place a credential on inactive
status.
008.02 Renewal
Procedures
The request for renewal may be submitted in person or by
mail or Internet, and must include all required documentation and the renewal
fee, which must be paid no later than the expiration date. The applicant may
obtain an application from the Department or construct an application.
1.
Application: The
applicant must attest that all information in the application is truthful and
complete, and the applicant, in his/her application:
a. Must provide the following information:
(1) The legal name of the applicant, maiden
name (if applicable), and any other names by which the applicant is
known;
(2) Mailing address (street,
rural route, or post office address; and city, state, and zip code, or country
information);
(3) The applicant's:
(a) Social Security Number (SSN);
or
(b) Alien Registration Number
(A#); or
(c) Form I-94
(Arrival-Departure Record) number.
Certain applicants may have both a SSN and an A# or I-94
number, and if so, must report both.
(d) Telephone number including area
code.
b. Must
state that s/he is one of the following:
(1)
A citizen of the United States;
(2)
An alien lawfully admitted into the United States for permanent residence under
the Immigration and Nationality Act (INA) and who is eligible for a credential
under the Uniform Credentialing Act; or
(3) A non-immigrant whose visa for entry, or
application for visa for entry, is related to employment as a credential holder
in the United States;
c.
May provide the following information about him/herself:
(1) The applicant's e-mail address;
and
(2) The applicant's fax
number;
d. Must indicate
that s/he:
(1) Is of good character;
(2) Has met the continuing competency
requirements specified in 178 NAC 10-00601; or has requested a waiver if s/he
meets the requirements of 178 NAC 10-008.03 and/or 10-008.04;
(3) Has not, since the last renewal of the
credential, committed any act which would be grounds for action against a
credential as specified in 178 NAC 10-009.01 or if an act(s) was committed,
must provide an explanation of all such acts. and
(4) Is a citizen of the United States or a
qualified alien under the federal Immigration and Nationality Act, for the
purpose of complying with Neb. Rev. Stat.
§§
4-108
to
4-114.
The applicant must provide his/her immigration status and alien number, and
agree to provide a copy of his/her USCIS documentation upon request.
2.
Documentation: The applicant must submit the following
documentation with the application:
a. Alien
or Non-Immigrant: Evidence of lawful permanent residence, and/or immigration
status may include a copy of:
(1) An Alien
Registration Receipt Care (Form I-551, otherwise known as a "Green
Card");
(2) An unexpired foreign
passport with an unexpired Temporary I-551 stamp bearing the same name as the
passport;
(3) A document showing an
Alien Registration Number ("A#") with visa status; or
(4) A Form I-94 (Arrival-Departure Record)
with visa status;
b.
Other Credential Information: If the applicant holds a credential to provide
health services, health-related services, or environmental services in Nebraska
or in another jurisdiction, the applicant must submit the state, credential
number, type of credential, date issued, and expiration date of each credential
where the applicant has been or is currently credentialed;
c. Disciplinary Action: A list of any
disciplinary actions taken against the applicant's credential and a copy of the
disciplinary action(s), including charges and disposition;
d.
Denial: If the
applicant was denied a credential or denied the right to take a credentialing
examination, an explanation of the basis for the denial;
e.
Conviction
Information: If the applicant has been convicted of a felony or
misdemeanor since his/her last renewal or during the time period since initial
credentialing if such occurred within the previous two years, the applicant
must submit to the Department:
(1) A list of
any misdemeanor or felony convictions;
(2) A copy of the court record, which
includes charges and disposition;
(3) Explanation from the applicant of the
events leading to the conviction (what, when, where, why) and a summary of
actions the applicant has taken to address the behaviors/actions related to the
convictions;
(4) All
addiction/mental health evaluations and proof of treatment, if the conviction
involved a drug and/or alcohol related offense and if treatment was obtained
and/or required;
(5) A letter from
the probation officer addressing probationary conditions and current status, if
the applicant is currently on probation; and
(6) Any other information as requested by the
Board/Department;
3. For licensed contractors, proof of public
liability and property damage insurance in the amount of at least $100, 000.00;
and
4. The renewal fee according to
178 NAC 11 -003.
008.03
Waivers for Military Service
A credential holder who has served in the regular armed
forces of the United States during part of the credentialing period immediately
preceding the renewal date, or is actively engaged in military service as
defined in 178 NAC
10-002, is not required to pay the
renewal fee or to meet the continuing competency requirements if acceptable
documentation is submitted to the Department. The individual must document
his/her military service by submitting to the Department:
1. Military identification proving that s/he
is in active service;
2. Military
orders; or
3. A letter from his/her
Commanding Officer indicating that s/he is on active duty.
Upon receipt of acceptable documentation, the Department will
waive the fee and the continuing competency requirements and renew the
credential. The credential will remain active until the next renewal
period.
008.04
Waiver of Continuing Competency Requirements
10-008.04A The Department waives continuing
competency requirements for individuals who were first credentialed within the
24-month period immediately preceding the renewal date.
10-008.04B The Department may waive
continuing competency requirements, in whole or in part, upon submission by a
credential holder of documentation that circumstances beyond his/her control
have prevented completion of these requirements. These circumstances may
include that the licensee suffered a serious or disabling illness or physical
disability which prevented completion of continuing education hours during the
24 months immediately preceding the license renewal date.
008.05 Audit
The Board reserves the right to audit for good cause the
continuing education filing of any licensee by notifying the licensee and
requesting the licensee to produce within 30 days of mailing all documents
verifying attendance at approved continuing education programs.
008.06 Failure to Document
If a licensee is unable to document any hours of attendance
at a continuing education program after audit as provided in these regulations,
the Department will not include those hours in the calculation of the total of
continuing education credit hours earned by the applicant for renewal of
his/her license.
008.07
Department Review
The Department will act within 150 days upon all completed
applications for renewal.
10-008.07A
False Information: The Department may refuse to renew
a credential for falsification of any information submitted for renewal of a
credential. The refusal will be made according to 184 NAC 1, the Department's
Rules of Practice and Procedure for Administrative Hearings.
008.08 Address Information
Each credential holder must notify the Department of any
change to the address of record.
008.09 Expiration of a Credential
A credential expires if a credential holder fails to:
1. Notify the Department that s/he wants to
place his/her credential on inactive status upon its expiration;
2. Meet the requirements for renewal on or
before the date of expiration of his/her credential; or
3. Otherwise fails to renew his/her
credential.
10-008.09A
Failure to Renew: A credential automatically expires
without further notice or opportunity for hearing if a credential holder fails
by the expiration date of the credential to either:
1. Submit documentation of continuing
competency; or
2. Pay the required
renewal fee.
10-008.09B
Failure to Meet Continuing Competency Requirements:
The Department will refuse to renew a credential, after notice and opportunity
for hearing, if a credential holder fails to meet the continuing competency
requirements for renewal by the expiration date of the credential.
10-008.09C
Right to
Practice: When an individual's credential expires, the right to
represent him/herself as a credential holder and to practice under the Water
Well Standards and Contractors' Practice Act terminates.
10-008.09D
Practice After
Expiration: An individual who practices after expiration of
his/her credential is subject to assessment of an administrative penalty under
178 NAC
10-012 or such other action as
provided in the statutes and regulations governing the credential.
10-008.09E
Reinstatement of an
Expired Credential: If a credential holder wants to resume
practice under the Act after failing to renew his/her credential by the
expiration date, s/he must apply to the Department for reinstatement as
specified in 178 NAC 10011.
008.10 Inactive Status
When an individual wants to have his/her credential placed
on inactive status, s/he must notify the Department in writing. There is no fee
to have a credential placed on inactive status.
10-008.10A
Request for Inactive
Status: When the Department has received notification that an
individual wants to have his/her credential placed on inactive status, the
Department will notify the credential holder in writing of the acceptance or
denial of the request.
10-008.10B
Placement on Inactive Status: When an individual's
credential is placed on inactive status, the credential holder must not engage
in practice as a licensee under the Act, but may represent him/herself as
having an inactive credential.
10-008.10C
Return to Active
Status: A credential may remain on inactive status for an
indefinite period of time. An individual who wants to have his/her credential
returned to active status must apply to the Department for reinstatement and
meet the requirements specified in 178 NAC
10-011.
