Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 184 - DIVISION OF PUBLIC HEALTH
Chapter 6 - REMOVAL OF APPOINTED BOARD MEMBERS BY THE NEBRASKA BOARD OF HEALTH
Section 184-6-004 - SCREENING OF COMPLAINTS
Universal Citation: 184 NE Admin Rules and Regs ch 6 ยง 004
Current through September 17, 2024
004.01 RECEIPT OF COMPLAINTS. No particular form is required. Complaints may be reported to any member of the Board of Health or the Department of Health and Human Services.
004.01(A)
PETITIONS FOR
DISCIPLINE. A filing of a petition for disciplinary action based
on Neb. Rev. Stat. §§
38-178 or
38-179 or certification by an
appointed board that a member is not qualified to practice a profession for
reasons set out in Neb. Rev. Stat. §
38-1,110 constitutes the filing of
a complaint.
004.01(B)
INITIATION BY REVIEW PANEL. The review panel may
initiate a complaint based upon public information.
004.01(C)
REQUESTS FOR REMOVAL
AND QUESTIONS ABOUT FITNESS. Requests that board members be
removed or information questioning members' fitness to serve constitute the
filing of a complaint.
004.02 EXAMINATION OF COMPLAINTS. The review panel will review and examine complaints no later than the next regularly scheduled Board of Health meeting.
004.03 REFERRAL OF COMPLAINTS.
004.03(A)
COMPLAINTS ABOUT ACTIONS AS HEALTH CARE PROFESSIONALS.
Complaints involving allegations for which credentials may be disciplined will
be referred for investigation as provided by statute. The review panel will
suspend action on these referrals pending the receipt of notice from the
Director of the Division of Public Health, or the Attorney General of their
determination of a course of action concerning the complaint. Such notice will
be provided to complainants.
004.03(B)
COMPLAINTS PERTAINING
TO CAPACITY TO SERVE. Complaints pertaining to capacity to serve
on an appointed board will be referred for investigation.
004.04 EVALUATION OF INVESTIGATIONS. The review panel may determine if investigation is required beyond that provided for in section 004.03 and will provide such investigation. In determining whether to conduct such an investigation the review panel may consider:
(A) Whether
circumstances indicate that a complaint is made in good faith and is not
malicious, frivolous, or vexatious;
(B) Whether the complaint is timely or has
been delayed too long to justify present evaluation of its merit; and
(C) Whether complainants may be necessary
witnesses if action is taken and are unwilling to identify themselves and come
forward to testify.
004.05 REVIEW PANEL DETERMINATION.
004.05(A)
FINDING BASIS FOR REMOVAL. If a majority of the review
panel determines, after review and investigation of all complaints, that there
is reasonable cause to believe that members or their actions are encompassed
within section 003, the review panel will prepare a petition for removal and
forward it to the hearing panel in accordance with section 005. The petition
will set out in detail the factual basis for the allegations and allege the
basis for removal under section 003.
004.05(B)
FINDING NO BASIS FOR
REMOVAL. If, after review and investigation of all complaints, a
majority of the review panel determines that members or their actions are not
encompassed within section 003, or are not substantiated, the complaints
against the member will be dismissed for purposes of removal from an appointed
board, and the review panel will so notify the member and any complainant.
Dismissed complaints and all related investigation material will be forwarded
to the hearing panel at the next scheduled meeting for informational purposes
only.
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