010.02
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 An individual whose credential has been
revoked may apply for reinstatement after a period of two years has elapsed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 to resolve a pending disciplinary matter may apply for
reinstatement according to the order entered by the Director.
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;
(5) A statement of the
reason the applicant believes his/her credential should be
reinstated;
(6) Telephone number
including area code;
(7) Proof of
meeting continuing competency requirements if Department records do not
indicate the applicant has obtained the required hours at approved continuing
competency programs;
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 which may include a copy of:
(1) An Alien Registration Receipt Card (Form
551, otherwise know 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 179 NAC
10-006 for each renewal
period;
(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 179 NAC 10-008.01 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.
10-010.02A The Department
will consider an application for reinstatement following suspension,
limitation, revocation, or voluntary surrender to resolve a disciplinary matter
within 150 days of receipt of the application. The Department may:
1. Conduct an investigation to determine if
the applicant has committed acts or offenses prohibited by 179 NAC
10-008.01;
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
Department. 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;
3. Require the applicant to pass a written
and/or practical examination at the expense of the applicant;
4. Require the applicant to complete
additional education at the expense of the applicant; or
5. Take any combination of these
actions.
10-010.02B On
the basis of the information obtained under 179 NAC
10-010.02A, the
Department may:
1. Deny the application for
reinstatement;
2. Fully reinstate
the credential;
3. Modify the
suspension or limitation; or
4.
Reinstate the credential subject to limitations or subject to probation with
terms and conditions.
10-010.02C The Department's decision will be
mailed to the applicant by certified mail.
1.
The decision of the Department will become final 30 days after the decision is
mailed to the applicant unless the applicant requests a hearing within that
30-day period.
2. If the applicant
has been afforded a hearing or an opportunity for a hearing on an application
for reinstatement within two years prior to filing the current application, the
Department may grant or deny the application without another hearing.
3. If the applicant requests a hearing, 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.
4. Following the hearing,
the applicant will be notified of the Department's decision by certified
mail.
5. The applicant may appeal
the Department's decision to District Court in accordance with the
Administrative Procedure Act.
