007.01 Summary
Suspensions or Limitations
Under some statutes the Department is authorized to suspend,
limit or take other action against a license, certificate, permit, registration
or other form of approval to take effect immediately without advance notice or
hearing, because of an imminent danger to public health, safety or welfare. In
such cases, the following procedures shall apply unless a statute or other
regulation (see e.g., Neb. Rev. Stat. § 71-147.02
and section
006.01B) provides
for a different procedure:
007.01A The
notice of violations alleged shall be accompanied by an Order which shall:
007.01A1 Recite the basis for the immediate
suspension, limitation or other action taken, i.e the
basis for the Department's finding that reasonable cause exists to believe that
the violations alleged have occurred and are grounds for discipline, and for
its determination that such violations constitute an immediate danger to the
public requiring summary action;
007.01A2 Set the matter for hearing and
notify the person against whom the action is taken of the date, time and
location of hearing and issues for hearing.
007.01B The hearing shall be set to be heard
within thirty (30) days of the date the Order is entered unless continued upon
the written request of the party against whom the action is taken or upon joint
motion of the parties.
007.01C The
Order and Notice of Charges shall be served at least ten (10) days prior to the
date set for hearing. Service shall be made by certified or registered mail,
return receipt requested, by personal delivery or by leaving a copy at the
person's usual place of residence with some person of suitable age and
discretion residing there, or by other method permitted by law.
007.01D The suspension, limitation or other
action taken shall remain in effect until thirty (30) days after the hearing is
closed. If no decision has been reached within that time, the temporary
suspension, limitation or other action shall terminate unless or until such
time as a final decision is entered that imposes a like sanction.
007.02
Show Cause
Proceedings.
When a statute calls for initiation of a case by requiring a
person to show cause why discipline should not be taken, the following
procedure shall apply to the extent that the statute or regulations governing
the matter do not provide for other procedures.
007.02A An Order to Show Cause shall be
entered which shall:
007.02A1 Notify the
person affected of the charges or claims that form the basis to believe that a
violation of statute or regulation has occurred, including the factual basis
for the belief and reference to the statutes or regulations alleged to be
violated. Such notice may be included in the Order or in a Statement of Charges
attached to the Order and incorporated by reference.
007.02A2 Set the matter for hearing and
notify the person of the date, time, and location of hearing and other matters
as provided in 005.06.
007.02B The Order shall be served by
certified or registered mail, return receipt requested, or by personal
delivery.
007.02C The hearing shall
be held not less than 60 nor more than 90 days after the date that the Order to
Show Cause is entered, unless continued for good cause.
007.02D The person affected shall be served
with the Order and charges at least thirty (30) days before the date of
hearing. The burden is on the person charged to show cause at the hearing why
the Department should not proceed with a hearing on the alleged
violations.
007.03
Reinstatement Generally.
The procedures of section 005 apply to denials of petitions
for reinstatement of a license, certificate or other form of approval except as
provided in 006.04 or 007.04 or when a statute or other regulation provides for
a different procedure in a particular case.
