Nebraska Administrative Code
Topic - TRANSPORTATION, DEPARTMENT OF
Title 425 - BOARD OF EXAMINERS FOR COUNTY HIGHWAY AND CITY STREET SUPERINTENDENTS
Chapter 2 - Licensing of County Highway Superintendents and City Street Superintendents
Section 425-2-005 - APPLICATION PROCEDURES

Universal Citation: 425 NE Admin Rules and Regs ch 2 ยง 005

Current through September 17, 2024

005.01 APPLICATION FORM

All applicants shall submit a written application for a Class B or Class A county highway superintendent or city street superintendent license or for renewal or reissuance of such license, on forms, including supporting logs, prescribed by the Board. Application forms and supporting logs may be obtained from the Board.

005.02 FEE

The appropriate fee as prescribed in Subsection 006.01 A, Subsection 006.02B, Subsection 008.01 B, or Subsection 008.02B1 shall be submitted with the application.

005.03 APPLICATION SUBMISSION

005.03A Application Period
005.03A1 Application for a Class B license (county or city) may be made at any time.

005.03A2 Application for an initial Class A license (county or city) shall be made at the time for, and in lieu of, annual renewal of a Class B license. Application for a second Class A license may be made at any time.

005.03A3 Application for a second license also may be made concurrently with the application for the initial license.

005.03B Application Deadlines
005.03B1 Class B License
005.03B1(a) For an initial Class B license subject to examination under Subsection 006.01B1 and except for exceptional circumstances as approved by the Board, the complete application and fee are due at the Board office at least ten (10) days prior to the regularly scheduled meeting of the Board immediately preceding the semi-annual examination.

005.03B1(b) For an initial Class B license subject to professional engineer status under Subsection 006.01B2 and except for exceptional circumstances as approved by the Board, the complete application and fee are due at the Board office at least ten (10) days prior to the next regularly scheduled meeting of the Board.

005.03B1(c) There is no due date for a second Class B license. Except for a concurrent application pursuant to Subsection 005.03A3, the complete application and fee for a second Class B license shall be processed within thirty (30) days of receipt at the Board office.

005.03B1(d) The complete Class B license renewal application and renewal fee are due at the Board office by December 31 of the year specified in Subsection 008.01 A. The Board shall provide written notice of the renewal deadline.
005.03B1(d)(i) Except for exceptional circumstances as approved by the Board, automatic cancellation of the license will result if either the complete Class B renewal application and fee under Subsection 008.01, or the complete Class A application and fee under Subsection 006.02, are not received at the Board office by January 14 following the due date.

005.03B2 Class A License
005.03B2(a) The complete application and fee for an initial Class A license are due at the Board office by December 31 of the year specified in Subsection 008.01 A for the Class B license which the Class A license will replace.
005.03B2(a)(i) Except for exceptional circumstances as approved by the Board, the prior Class B license will be automatically cancelled, and no Class A license will be issued, if either the complete Class A application and fee under Subsection 006.02, or the complete Class B renewal application and renewal fee under Subsection 008.01, are not received at the Board office by January 14 following the Class A application due date.

005.03B2(a)(ii) Except for exceptional circumstances as approved by the Board, the prior Class B license will be automatically renewed, and no Class A license will be issued, if the Class A fee is received but either the complete Class A application is not received by January 14 following the due date, or the Board determines that the candidate has not met the requirements for the Class A license.

005.03B2(b) There is no due date for a second Class A license. Except for a concurrent application pursuant to Subsection 005.03A3, the complete application and fee for a second Class A license shall be processed within thirty (30) days of receipt at the Board office.

005.03B2(c) The complete Class A license renewal application and fee are due at the Board office by December 31 of the third year for which the license was issued, or by December 31 of the renewal year for a second Class A license as provided in Subsection 008.02A. The Board shall provide written notice of the renewal deadline.
005.03B2(c)(i) Except for exceptional circumstances as determined by the Board, automatic cancellation of the license will result if either the complete renewal application and fee, or the complete reissuance application and fee under Subsection 009.02, are not received at the Board office by January 14 following the due date.

005.03C Time Computation. Where a date certain is not specified, the deadline shall be computed from the initial date of receipt of the application and fee, or any portion thereof, at the Board office.

005.03D Exceptional Circumstances. Exceptional circumstances shall be documented in a sworn statement in writing of the applicant or candidate. The Board may prescribe and provide a form for such sworn statements.

005.03E Reapplication. An unsuccessful applicant or candidate may reapply as provided in Subsection 005.05D1 or Subsection 005.05D2.

005.04 PROCESSING

005.04A Candidacy for Licensure. Upon proper completion and submission of the required application and payment of the required fee, and upon approval by the Board if required under Subsection 005.05A, the applicant shall be deemed a candidate for an initial license under Subsections 006.01 or 006.02, for an additional license under Subsections 007.01 or 007.02, for license renewal under Subsections 008.01 or 008.02, or for a reissued license under Subsections 009.01 or 009.02.

005.04B Suspended Processing. An application is not complete and will not be considered by the Board until the applicant provides all information requested by the Board. Partial fulfillment of requirements for licensure including renewal or reissuance shall suspend processing of the application until such time as all requirements are fulfilled, or until the Board determines that the applicant or candidate has failed to successfully complete such requirements.

005.04C Termination of Processing. Except as specified in Subsection 005.04C2, failure to complete requirements by the initial license deadline or by the renewal deadline shall terminate processing. Failure to complete requirements for an additional license or for a reissued license within sixty (60) days of initiating a request shall terminate processing.
005.04C1 Failure to complete requirements for the initial Class B license shall include exhausting the opportunities listed in Subsection 006.01B1 (a) and Subsection 006.01B1(b).

005.04C2 For an application for the initial Class B license which remains incomplete, or which is submitted during the ten (10) day period specified in Subsection 005.03B1(a) or Subsection 005.03B1(b), processing shall continue until the next such deadline, which shall be final.

005.04C3 Fraud or deceit in making application or in completing requirements for issuance, renewal or reissuance shall constitute failure to complete such requirements. Such fraud or deceit includes, but is not limited to, acts listed in Subsection 012.02A. However, the provisions of Section 012 otherwise shall not apply to a candidate for an initial license.

005.05 BOARD ACTION

005.05A Official action of the Board shall be required for an applicant to become a candidate for the Class B license examination required under Subsection 006.01B1. The Board shall notify the applicant in writing that he or she is a candidate for the examination.

005.05B The Board shall notify the applicant or candidate in writing of issuance of a license, renewal of a license or reissuance of a license, or of failure to complete the requirements for issuance, renewal or reissuance of a license.

005.05C Official action of the Board shall be required for issuance of an initial Class B or Class A license. Official action of the Board shall be required for renewal of a Class A license. Official action of the Board shall be required for reissuance of a Class A license. Staff shall duly report all issuances of additional licenses, renewals of Class B licenses and reissuances of Class B licenses to the Board.

005.05D The Boards' action determining that an applicant or candidate has failed to complete requirements for issuance, renewal or reissuance of a license shall be final.
005.05D1 An applicant for a Class B license may reapply at any time.

005.05D2 An applicant for an initial Class A license shall be eligible to reapply annually as provided in Subsection 005.03A2.

005.05D3 An unsuccessful Class A candidate shall be renewed as a Class B license holder without payment of an additional fee.

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