Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 178 - ENVIRONMENTAL HEALTH
Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT
Section 178-10-011 - REINSTATEMENT
Universal Citation: 178 NE Admin Rules and Regs ch 10 ยง 011
Current through September 17, 2024
This section applies to individuals previously credentialed in Nebraska who seek the authority to return to practice in Nebraska with a valid Nebraska credential. To qualify for reinstatement, the applicant must first meet the requirements for renewal. Individuals may apply for reinstatement as follows:
1. An individual whose credential has expired, been placed on inactive status, voluntarily surrendered for an indefinite period of time, or suspended or limited for disciplinary reasons, may apply for reinstatement at any time.
2. An individual whose credential has been voluntarily surrendered for a definite period of time may apply for reinstatement after that period of time has elapsed.
3. An individual whose credential has been revoked may apply for reinstatement only after a period of two years has elapsed from the date of revocation.
4. An individual whose credential has been permanently voluntarily surrendered may not apply for reinstatement.
The voluntary surrender of a credential may be unrelated to disciplinary matters, or may be done to resolve a pending disciplinary matter, in lieu of disciplinary action, or in response to a notice of disciplinary action.
011.01 Reinstatement From Expired or Inactive Status or Following Voluntary Surrender Unrelated to a Disciplinary Matter
The applicant must submit to the Department a written application on a form provided by the Department or constructed by the applicant.
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.
(4) If the applicant holds a professional
credential in another state, a list of the state(s) and type of credential;
and
(5) 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.
If the applicant is an alien or non-immigrant, s/he must submit 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;
d. May
provide the following information about him/herself:
(1) E-mail address;
(2) Fax number; and
e. Must indicate that s/he:
(1) Is of good character;
(2) Has met the continuing competency
requirements specified in 178 NAC
10-006 within the 24 months
immediately preceding submission of the application;
(3) Has not practiced in Nebraska since s/he
last held an active credential, or if the applicant has practiced in Nebraska
since s/he last held an active credential, the actual number of days
practiced;
(4) Has not committed
any act which would be grounds for action against a credential as specified in
178 NAC
10-009 since the last renewal or
issuance of the credential (whichever is later), or if an act(s) was committed,
provide an explanation of all such acts; and
(5) 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;
and
2.
Fee(s): The following fee(s):
a. If the credential is expired or inactive,
the reinstatement and renewal fees; or
b. If the credential was voluntarily
surrendered, the renewal fee.
10-011.01A If an applicant has practiced
while his/her credential was expired, inactive, or voluntarily surrendered, the
Department may, with the recommendation of the Board, take one or more of the
following actions:
1. Deny the application to
reinstate the credential;
2.
Reinstate the credential to active status and impose limitation(s) or other
disciplinary actions on the credential; and/or
3. Reinstate the credential.
10-011.01B If an applicant has
committed any other violation of the statutes and regulations governing the
credential, the Department may:
1. Deny the
application for reinstatement of the credential;
2. Reinstate the credential to active status
and impose limitation(s) or other disciplinary actions on the credential;
and/or
3. Reinstate the
credential.
10-011.01C
The Department will act within 150 days on all completed
applications.
10-011.01D The
Department's decision may be appealed to the Director by any party to the
decision. The appeal must be in accordance with the Administrative Procedure
Act.
011.02 Reinstatement Following Suspension, Limitation, Revocation, or Voluntary Surrender to Resolve a Pending Disciplinary Matter, In Lieu of Discipline, or In Response to a Notice of Disciplinary Action
An individual whose credential was suspended or limited may apply for reinstatement at any time. An individual whose credential has been revoked may apply for reinstatement after a period of two years has elapsed from the date of revocation. An individual whose credential was voluntarily surrendered may apply for reinstatement according to the order entered by the Director.
The applicant must submit to the Board a written application on a form provided by the Department or constructed by the applicant.
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.
(4) If the applicant holds a professional
credential in another state, a list of the state(s) and type of
credential;
(5) A statement of the
reason the applicant believes his/her credential should be
reinstated;
(6) Proof of
restitution to all persons suffering damage or injury as a result of the
actions for which the disciplinary measure was imposed; and
(7) 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.
If the applicant is an alien or non-immigrant, s/he must submit 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;
d. May
provide the following information about him/herself:
(1) E-mail address;
(2) Fax number; and
e. Must indicate that s/he:
(1) Is of good character;
(2) Has met the continuing competency
requirements specified in 178 NAC
10-006 within the 24 months
immediately preceding submission of the application (or other requirements as
specified by the practice act);
(3)
Has not practiced in Nebraska since s/he last held an active credential, or if
the applicant has practiced in Nebraska since s/he last held an active
credential, the actual number of days practiced;
(4) Has not committed any act which would be
grounds for action against a credential as specified in 178 NAC
10-009 since the last renewal or
issuance of the credential (whichever is later), or if an act(s) was committed,
provide an explanation of all such acts; and
(5) 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;
and
2.
Fee: The renewal fee found in 178 NAC 11.
10-011.02A The Board will make a
recommendation regarding reinstatement following suspension, limitation,
revocation, or voluntary surrender within 180 days of receipt of the
application.
10-011.02B The
Department, with the recommendation of the Board, may:
1. Conduct an investigation to determine if
the applicant has committed acts or offenses prohibited by Neb.
Rev. Stat.
§
38-178;
2. Require the applicant to submit to a
complete diagnostic examination, at the expense of the applicant, by one or
more physician(s) or other professionals appointed by the Board. The applicant
may also consult a physician(s) or other professionals of his/her own choice
for a complete diagnostic examination and make available a report(s) of the
examination(s) to the Department and to the Board;
3. Require the applicant to pass a written,
oral, or practical examination or any combination of examinations at the
expense of the applicant;
4.
Require the applicant to successfully complete additional education at the
expense of the applicant; or
5.
Take any combination of these actions.
10-011.02C On the basis of the written
application, materials submitted by the applicant and the information obtained
under 178 NAC
10-011.02B, the
Board may:
1. Deny the application for
reinstatement; or
2. Recommend to
the Department:
a. Full reinstatement of the
credential;
b. Modification of the
suspension or limitation; or
c.
Reinstatement subject to limitations or subject to probation with terms and
conditions.
If the applicant has practiced while his/her credential was suspended, limited, revoked, or voluntarily surrendered, the Department may assess an administrative penalty pursuant to 178 NAC 10-012, in which case a separate notice of opportunity for hearing will be sent to the applicant.
10-011.02D
An affirmative vote of a majority of the full membership of the Board as
authorized by statute is required to recommend reinstatement of a credential
with or without terms, conditions, or restrictions.
10-011.02E
Full
Reinstatement: If the Board recommends full reinstatement of the
credential, modification of the suspension or limitation, or reinstatement of
the credential subject to limitations or subject to probation with terms and
conditions, the Board's recommendation will be sent to the applicant by
certified mail. The following information will be forwarded to the Director for
a decision:
1. The written recommendation of
the Board, including any finding of fact or order of the Board;
2. The application for
reinstatement;
3. The record of
hearing, if any; and
4. Any
pleadings, motions, requests, preliminary or intermediate rulings and orders,
and similar correspondence to or from the Board and the applicant.
10-011.02F
Denial,
Modification, Limitation, or Probation: If the Board's initial
decision is to deny the application for reinstatement, recommend modification
of the suspension or limitation, or reinstate the credential subject to
limitation or probation with terms and conditions, notification of the Board's
decision will be mailed to the applicant by certified mail.
1. The initial decision or recommendation of
the Board will become final 30 days after the decision or recommendation is
mailed to the applicant unless the applicant requests a hearing within that
30-day period.
a. If the applicant requests a
hearing before the Board, the Department will mail a notice of the date, time,
and location of the hearing. The notice will be sent by certified mail at least
30 days before the hearing.
b.
Following the hearing, the Board may deny the reinstatement or recommend full
reinstatement of the credential, or recommend modification of the suspension or
limitation, or recommend reinstatement of the credential subject to limitations
or probation with terms and conditions.
2. If the applicant has been afforded a
hearing or an opportunity for a hearing on an application for reinstatement
within two years before filing the current application, the Department may
grant or deny the application without another hearing before the
Board.
10-011.02G
Decision Denial: If the Board's final decision is
denial of the application for reinstatement, the applicant will be notified by
certified mail. The applicant may appeal the Board's denial to District Court
in accordance with the Administrative Procedure Act.
10-011.02H
Board
Recommendation: If the Board's final recommendation is full
reinstatement of the credential, modification of the suspension or limitation,
or reinstatement of the credential subject to limitations or probation with
terms and conditions, the Board's recommendation will be sent to the applicant
by certified mail. The following information will be forwarded to the Director
for a decision:
1. The written recommendation
of the Board, including any finding of fact or order of the Board;
2. The application for
reinstatement;
3. The record of
hearing, if any; and
4. Any
pleadings, motions, requests, preliminary or intermediate rulings and orders,
and similar correspondence to or from the Board and the applicant.
10-011.02I
Director's
Review: The Director, upon receipt of the Board's recommendation
for full reinstatement, modification, or probation, will review the application
and other documents and make a decision within 150 days of receipt of the
Board's recommendation and accompanying documents. The Director will enter an
order setting forth the decision. The Director may:
1. Affirm the recommendation of the Board and
grant reinstatement; or
2. Reverse
or modify the recommendation if the Board's recommendation is:
a. In excess of statutory
authority;
b. Made upon unlawful
procedure;
c. Unsupported by
competent, material, and substantial evidence in view of the entire record;
or
d. Arbitrary and capricious.
The order regarding reinstatement of the applicant's credential will be sent to the applicant by certified mail. The Director's decision may be appealed to District Court by any party to the decision. The appeal must be in accordance with the Administrative Procedure Act.
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