Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 179 - PUBLIC WATER SYSTEMS
Chapter 10 - LICENSURE OF WATER OPERATORS
Section 179-10-009 - VOLUNTARY SURRENDER OR LIMITATION
Universal Citation: 179 NE Admin Rules and Regs ch 10 ยง 009
Current through September 17, 2024
A credential holder may offer to voluntarily surrender or limit a credential issued by the Department. The credential holder must make the offer in writing on a form provided by the Department or constructed by the credential holder, which must include the following information:
1. Personal Information:
a. First, middle and last name;
b. Mailing address (street, rural route, or
post office address), city, state, and zip code;
c. Telephone number; and
d. Fax number.
2. Information Regarding the Credential Being Offered for Surrender or Limitation:
a. List
credential(s) and credential number(s) that would be surrendered or
limited;
b. Indicate the desired
time frame for offered surrender or limitation:
(1) Permanently;
(2) Indefinitely; or
(3) Definite period of time
(specify);
c. Specify
reason for offered surrender or limit of credential; and
d. Specify any terms and conditions that the
credential holder wishes to have the Department consider and apply to the
offer.
3. Attestation: The credential holder must:
a. Attest that all
the information on the offer is true and complete; and
b. Sign and date the attestation.
009.01 The Department may accept an offer of
voluntary surrender or limitation of a credential based on:
1. An offer made by the credential holder on
his/her own volition;
2. An offer
made with the agreement of the Attorney General or the legal counsel of the
Department to resolve a pending disciplinary matter;
3. A decision by the Attorney General to
negotiate a voluntary surrender or limitation in lieu of filing a petition for
disciplinary action; or
4. A
decision by the legal counsel of the Department to negotiate a voluntary
surrender or limitation in response to a notice of disciplinary
action.
009.02 The
Department may reject an offer of voluntary surrender of a credential under
circumstances which include, but are not limited to, when the credential:
1. Is under investigation;
2. Has a disciplinary action pending but a
disposition has not been rendered; or
3. Has had a disciplinary action taken
against it.
009.03 When
the Department either accepts or rejects an offer of voluntary surrender or
limitation, the Director will issue the decision in a written order. The order
will be issued within 30 days after receipt of the offer of voluntary surrender
or limitation and will specify:
1. Whether
the Department accepts or rejects the offer of voluntary surrender;
and
2. The terms and conditions
under which the voluntary surrender is accepted or the basis for the rejection
of an offer of voluntary surrender. The terms and conditions governing the
acceptance of a voluntary surrender will include, but not be limited to:
a. Duration of the surrender;
b. Whether the credential holder may apply to
have the credential reinstated; and
c. Any terms and conditions for
reinstatement.
009.04 A limitation may be placed on the
right of the credential holder to practice as a licensed operator to the
extent, for the time, and under the conditions as imposed by the
Director.
009.05 Violation of any
of the terms and conditions of a voluntary surrender or limitation by the
credential holder will be due cause for the refusal of renewal of the
credential, for the suspension or revocation of the credential, or for refusal
to restore the credential.
009.06
Reinstatement following voluntary surrender is set out in 179 NAC
10-010.
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