reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-009 - Access and Use

Current through June 17, 2024
Access to NCJIS is restricted to an authorized CJA. Access to
				  NDEN is authorized for NCJA.
009.01
				NCJIS/NDEN Agency (CJA/NCJA) access will be submitted to the NCJIS Project
				Manager via an application process.
009.01A
				The NCJIS Project Manager may require additional information or explanation
				when it has questions about the CJA/NCJA's qualifications or application
				materials. An application is not complete or in proper form until the NCJIS
				Project Manager has received all required and requested documents, materials,
				and information.
009.01B A CJA/NCJA
				requesting access to CJIS must demonstrate statutory authority or specific
				reasons authorized by this chapter.
009.01C Approval of the CJA/NCJA application,
				which may be in whole, in part, or as modified by the Committee, requires a
				two-thirds majority vote of the Committee.
009.01D The NCJIS Project Manager will notify
				the Authorized Agency head or designee of the Committee's decision to approve
				or deny the application in writing.
009.01E Upon approval of the CJA/NCJA
				application, which may be in whole, in part, or as modified by the Committee,
				the CJA/NCJA enters into a memorandum of understanding (MOU) with the
				Commission.
009.01E1 Changes to the NCJIS/NDEN
				MOU are drafted by the NCJIS Project Manager, and approved by the
				Committee.
009.01E2 The NCJIS/NDEN
				MOU explains all responsibilities and expectations regarding the use and
				dissemination of information relative to the NCJIS.
009.01F The Committee's decision to approve,
				modify, or deny the CJA/NCJA application is final and is not subject to appeal
				or further review.
009.01G CJA/NCJA
				access to NCJIS/NDEN is granted upon a fully executed MOU between the CJIS
				Project Manager and the authorized agency designee.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-010 - Responsibilities of an Authorized Agency

Current through June 17, 2024
The Authorized Agency head or designee will ensure all
				  authorized users attend the NCJIS User training and appoint an agency
				  administrator who will attend the NCJIS Administrator training.
010.01 Authorized Agencies are responsible
				for deactivating an Authorized Users account immediately upon an Authorized
				Users:
010.01A Departure (transfer,
				termination, resignation, or retirement) from the agency.
010.01B Administrative leave from the agency
				which results in loss of agency privileges, identification credentials, or
				departmental weapon or when the administrative leave will exceed six
				months.
010.01C Arrest, charge, or
				conviction of a criminal violation or offense in any jurisdiction immediately
				upon receiving notification of the same.
010.01D Upon notification or discovery of any
				arrest, charge, or conviction of a criminal violation or offense in any
				jurisdiction, the Authorized Agency head or Administrator is to notify the
				Executive Director of the Commission. A notice of denial will include the
				following:
010.01D1 Name of Authorized User
				who was suspended; and
010.01D2
				Date of the arrest, conviction, or violation.
010.01E Upon discovery of an Authorized
				User's Improper Access or Breach, the Authorized Agency head or Administrator
				is to notify the NCJIS Project Manager. A notice of Improper Access or Breach
				will include the following:
010.01E1 Name of
				Authorized User;
010.01E2
				Date/Dates of Improper Access or Breach;
010.01E3 Data Source of Improper Access or
				Breach
010.01E4 Reason for
				deactivating; and
010.01E5 Date of
				Discovery.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-012 - Commission Audit Responsibility

Current through June 17, 2024
Per Title 28 of the Code of Federal Regulations (CFR),
				  Chapter 1, Part 20. Title 28 CFR Part
				  20.21 requires the state insure that
				  annual audits of a representative sample of state and local criminal justice
				  agencies are conducted to verify adherence with regulations established for
				  handling of criminal justice records. The Commission is authorized to conduct
				  random annual audits of criminal justice agencies to verify the compliance with
				  the laws and regulations dealing with dissemination, security, and privacy of
				  criminal history information per Neb. Rev. Stat. §
									81-1423.
012.01 Audits: Audits of authorized agencies
				will be conducted by the Commission either through staff or through
				contractors.
012.02 Authorized
				agencies will be selected through the format provided in the Nebraska
				Administrative Code, Title 78, Chapter 4.
012.03 Audit for Cause: The Commission may
				initiate an audit without the Authorized Agency Designee knowledge upon
				discovery of possibly violations of state statute, these regulations or agency
				MOU.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-013 - Suspension of NCJIS Access for Any Arrest or Criminal Offense of an Authorized User

Current through June 17, 2024
013.01 Upon notification or discovery of a
				citation or an arrest for a criminal offense, the Executive Director or
				designee will make the initial determination if the charge warrants a temporary
				suspension of the Authorized User's credentials if the Authorized Agency head
				or designee has not made the determination yet (See
				010.01C).
013.02 If the NCJIS Project manager suspends
				the Authorized User's credentials, access will be suspended immediately and the
				NCJIS Project Manager will notify the Authorized Agency head or designee and
				the Authorized user who was suspended in writing by email, fax, or U.S. Mail of
				the reason(s) for the suspension.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-014 - Suspension of NCJIS Access for Improper Access or Breach

Current through June 17, 2024
014.01 Upon
				notification or discovery of any violation involving Improper Access or Breach,
				the Executive Director or designee will authorize an administrative
				investigation pursuant to Section 016. The Executive Director or designee will
				also make an initial determination as to whether the apparent violation
				warrants a temporary suspension of the Authorized User's credentials.
014.02 If the Executive Director or designee
				suspends the Authorized User's credentials, access will be suspended
				immediately and the NCJIS Project Manager or designee will notify the
				Authorized Agency head or designee and the Authorized User, separately, in
				writing by email, fax, or U.S. Mail of any suspension, of the following:
014.02A Name of Authorized User who was
				suspended; and
014.02B The alleged
				violation and date thereof.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-015 - Procedure for Conducting Administrative Investigations of Improper Access or Breach by an Authorized User

Current through June 17, 2024
015.01 The
				Commission will conduct an administrative investigation of any Authorized User
				for suspected improper access or breach. The NCJIS Project Manager will compile
				the information for the Administrative Investigation.
015.02 The NCJIS Project Manager will serve
				as the investigator regarding any administrative investigation. The
				investigation will include, but not be limited to, data collection and any
				information that authorized user desires to provide.
015.03 At the conclusion of the
				investigation, the investigator will advise the user of the possible sanctions
				which may be imposed. Notification will be made in writing either through email
				or U.S. mail.
015.04 The
				investigator will fill out an electronic NCJIS Use Investigation Report
				detailing the facts of the investigation.
015.05 This report will be shared with the
				Executive Director, who will have this information compiled into a registry
				administered by the NCJIS Project Manager. The NCIS Project Manager will refer
				results of the investigation with the NSP CJIS Systems Officer for further
				examination of violations of the U.S. Department of Justice, Federal Bureau of
				Investigation (FBI) Criminal Justice Information Services (CJIS) Security
				Policy. Misuse of the National Crime Information Center or Criminal History
				Record Information is subject to additional federal criminal and/or civil
				penalties.
015.06 The NCJIS Use
				Investigation Report will be approved by the Executive Director.
015.06A At the conclusion of the
				investigation, the facts of the investigation may be submitted to the
				appropriate prosecuting authority by the Executive Director to determine if
				there was any violation of Nebraska law warranting criminal
				prosecution.
015.06B At the
				conclusion of the investigation, the relevant results of the investigation will
				be submitted to the data owner by the NCJIS Project Manager for the data owner
				to determine if there was any violation of applicable laws.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 78 - NEBRASKA COMMISSION ON LAW ENFORCEMENT AND CRIMINAL JUSTICE › Chapter 10 - Nebraska Criminal Justice Information System Rules and Regulations › Section 78-10-016 - Sanctions

Current through June 17, 2024
016.01 If the NCJIS Project Manager
				determines there has been a violation of state or federal statutes, laws, or
				regulations by an Authorized Agency or Authorized User, he or she may impose
				any of the following sanctions, singularly or in combination:
016.01A Require retraining on the CJIS
				system, specifically the security training.
016.01B Require a log of all CJIS
				transactions for a specific period of time. The log will be provided to the
				NCJIS Project Manager or designee.
016.01C Require monitoring of the authorized
				user for a specific period of time. The NCJIS Project Manager or designee may
				contact the user at any time, requesting justification as to why the User
				accessed a specific record.
016.01D
				Suspend the agency's or user's access for a specific period of time.
016.01E Suspend the agency's or user's access
				permanently.
016.01F Referral for
				revocation of law enforcement certificate. (Nebraska Administrative Code, Title
				79, Chapter 9).
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 1 - DEFINITIONS › Section 79-1-003 - Reference

Current through June 17, 2024
Neb. Rev. Stat. §
									81-1401 through
				  81-1414.19,
				  81-1438 through
				  81-1446, and
				  23-1701.01
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 2 - LAW ENFORCEMENT EMPLOYMENT AND OTHER RECORDS › Section 79-2-001 - Purpose

Current through June 17, 2024
To establish procedures for employing law enforcement
				  officers and to identify records that are required by statute or rule and
				  regulation that are essential for the Council and Director to fulfill their
				  responsibilities.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 2 - LAW ENFORCEMENT EMPLOYMENT AND OTHER RECORDS › Section 79-2-002 - Scope

Current through June 17, 2024
Applicable to all agencies, agency heads and individuals
				  responsible for employing, hiring, appointing, promoting or the separation of
				  employment of law enforcement officers in the State.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 2 - LAW ENFORCEMENT EMPLOYMENT AND OTHER RECORDS › Section 79-2-003 - References

Current through June 17, 2024
Neb. Rev. Stat. §
									81-1403,
				  81-1406, §
									81-1412, §
									81-1414, and Title 79, Chapters 8,
				  11, and 17.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 2 - LAW ENFORCEMENT EMPLOYMENT AND OTHER RECORDS › Section 79-2-004 - General

Current through June 17, 2024
The chairperson of the village board, the mayor or city
				  manager of a city, the chief of police, the county board or commission, the
				  sheriff, state agency administrators, or any other person responsible for
				  employing, hiring, appointing, promoting or the separation of employment of a
				  law enforcement officer will comply with this Rule and
				  Regulation.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 2 - LAW ENFORCEMENT EMPLOYMENT AND OTHER RECORDS › Section 79-2-006

Current through June 17, 2024
Failure to submit required records and/or falsification of
				  records constitutes a violation of State Statute and neglect of duty.
				  Violations are subject to prosecution of law or sanctions by the
				  Council.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 2 - LAW ENFORCEMENT EMPLOYMENT AND OTHER RECORDS › Section 79-2-007

Current through June 17, 2024
Submission of employment documentation of law enforcement
				  officers:
007.01 The person responsible
				for employing, hiring, or appointing a law enforcement officer will submit to
				the Director, verification that a thorough background investigation has been
				conducted according to Title 79 Ch. 8.
007.02 For each of the following hiring
				classifications, the following documentation will be submitted to the Director.
				All documentation must be submitted within seven (7) days unless otherwise
				specified.
007.02A Nebraska Certified
				officers:
007.02A(1) Change in Status
				form
007.02A(2) Background
				verification
007.02A(3) Code of
				Ethics/Attestation Form
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 3 - RECIPROCITY CERTIFICATION OF LAW ENFORCEMENT OFFICERS IN LIEU OF ATTENDING STATE CERTIFICATION TRAINING COURSES › Section 79-3-001 - Purpose

Current through June 17, 2024
To prescribe policies and procedures for certification of
				  officers who have received training other than the State certification
				  curriculum.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 3 - RECIPROCITY CERTIFICATION OF LAW ENFORCEMENT OFFICERS IN LIEU OF ATTENDING STATE CERTIFICATION TRAINING COURSES › Section 79-3-002 - Reference

Current through June 17, 2024
Neb. Rev. Stat.
				  14-709,
				  23-1701.01,
				  81-1414, and Title 79, Chapter 8.
				  Neb. Rev. Stat.
				  81-1414(4) provides
				  for the awarding of a certificate to a person who has completed a training
				  program the Council finds equivalent to the State basic training
				  curriculum.
The Council establishes the following standards whereby a
				  person having received equivalent training may be granted reciprocity for law
				  enforcement basic, supervision and management training that are required by
				  State Statute.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 3 - RECIPROCITY CERTIFICATION OF LAW ENFORCEMENT OFFICERS IN LIEU OF ATTENDING STATE CERTIFICATION TRAINING COURSES › Section 79-3-003 - Supervision and Management Certification

Current through June 17, 2024
Applicants seeking reciprocity consideration for Supervision
				  and/or Management certification will submit to the Training Center such
				  appropriate evidence, documentation, transcript, certificates and, curricula,
				  for review and consideration by the Director. The Director will review the
				  submitted materials and determine whether the applicant's training and
				  education meet the standards for reciprocity certification. The Director will
				  inform the applicant and the applicant's agency of his decision. A Director's
				  decision to deny reciprocity certification may be appealed to the Council. The
				  decision of the Council to grant or deny the application will be final.
				  Applicants not receiving Council approval, must attend the next available
				  Training Center Supervision and/or Management course.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 3 - RECIPROCITY CERTIFICATION OF LAW ENFORCEMENT OFFICERS IN LIEU OF ATTENDING STATE CERTIFICATION TRAINING COURSES › Section 79-3-004 - Basic Law Enforcement Certification

Current through June 17, 2024
A person who has been certified or licensed as a law
				  enforcement officer by a recognized certifying agency as receiving formalized
				  training by another state may receive certification in lieu of attending the
				  State basic certification course provided that the applicant meets the
				  requirements of this chapter and the other requirements as set out in the
				  Nebraska Revised Statutes and Title 79 of the Nebraska Administrative
				  Code.
004.01 Applicants or their
				employing agencies will be assessed the non-refundable fees as established by
				the Council for records processing and written examination administration to be
				paid to the Training Center.
004.02
				All applications for reciprocity certification must be submitted in writing to
				the Director and will provide proof that:
004.02A The applicant meets standards as set
				out in Neb. Rev. Stat.
				81-1410,
				81-1414 and Title 79, Chapter 8
				before being further processed for reciprocity.
004.02B The applicant must provide proof that
				the applicant was awarded a certificate or diploma attesting to satisfactory
				completion of a training program determined by the council to be equivalent to
				the curriculum in subdivision (2)(a) of section
				81-1414.
004.02B(1) The applicant will provide the
				Director an official academy course transcript of his/her satisfactory
				completion of law enforcement certification training which identifies course
				titles and hours, job tasks and objectives, along with a copy of the approved
				certificate(s)/license(s). The applicant must also submit official college
				course transcripts and/or documentation or certificate(s) for any
				in-service/specialized training or military training or education for which
				credit is requested for consideration.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 3 - RECIPROCITY CERTIFICATION OF LAW ENFORCEMENT OFFICERS IN LIEU OF ATTENDING STATE CERTIFICATION TRAINING COURSES › Section 79-3-005 - Agency Heads

Current through June 17, 2024
The Council may waive all requirements for sheriffs or for
				  individuals entering a law enforcement agency as an administrator/agency head,
				  which serves a population of 5,000 or more people and does not regularly
				  perform the duties of a law enforcement officer as defined in Neb.
				  81-1401.
005.01 Persons requesting a waiver of
				certification training as an agency head must provide documentation to the
				Director of having held a supervisor or management rank as a law enforcement
				officer within the last two years for a law enforcement agency that serves a
				population of 5,000 or more.
005.02
				Documentation of all law enforcement training, law enforcement experience,
				formal education, military training and experience or other relevant
				information must be included with the request for a waiver of certification
				training.
005.03 Persons requesting
				such a waiver must also complete the application for admission process set
				forth in Title 79, Chapter 8 and must meet all standards for certification
				training admission as set forth in State Statute and rule and
				regulation.
005.04 The Director
				will review the documentation and make a recommendation to the Council to
				either grant or deny the request for a waiver. The Director will notify the
				person making the request in writing of his or her findings and recommendation
				to the Council at least 14 days prior to the waiver being considered by the
				Council.
005.05 The Council will
				determine whether to grant or deny the waiver. The person must make immediate
				application to attend the next basic or reciprocity program in cases where the
				Council denies the waiver. Decisions of the Council are final.
005.06 Persons receiving a waiver in
				accordance with Section 005 will receive a certification that is limited to
				serving only as an administrator or agency head of a law enforcement agency
				that serves a population of 5,000 or more.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 4 - LAW ENFORCEMENT CERTIFICATION STATUS › Section 79-4-003 - Reference

Current through June 17, 2024
Neb. Rev. Stat. §
									81-1401, §
									81-1403, §
									81-1410, §
									81-1412, §
									81-1414, and Title 79, Chapters 3,
				  8, 9, 11 and 17.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 4 - LAW ENFORCEMENT CERTIFICATION STATUS › Section 79-4-004 - General

Current through June 17, 2024
A law enforcement officer's certification is classified as
				  one of the status categories listed in this section.
004.01 Active Status
004.01A Persons who are employed as law
				enforcement officers and commissioned to exercise law enforcement powers as set
				forth in Neb. Rev. Stat. §
										81-1401 and:
004.01A(1) Maintains a valid law enforcement
				certificate for the position of appointment.
004.01A(2) Completes a Code of Ethics and
				submits it to the Center at the same time the employing agency submits a Change
				in Status Report reflecting employment as a law enforcement officer.
004.01A(3) Submits any processing fees
				established by the Council with the Code of Ethics and Change in Status Report.
				Officers employed and on active status prior to the effective date of this rule
				shall not be required to submit a Code of Ethics to maintain active status;
				and
004.01A(4) Maintain employment
				as a law enforcement officer under the provisions of Neb. Rev. Stat. §
											81-1414 prior to attending an
				academy.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 5 - STANDARDS FOR CERTIFICATION TRAINING EVALUATION › Section 79-5-004 - Policy

Current through June 17, 2024
The standards and procedures set forth in this rule provide
				  for a consistent and fair evaluation of students attending a certification
				  course at an academy. This rule establishes minimum standards and does not
				  prohibit academies providing certification training for their own employees to
				  establish higher standards than set forth herein.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 5 - STANDARDS FOR CERTIFICATION TRAINING EVALUATION › Section 79-5-005 - General

Current through June 17, 2024
The following standards must be met to qualify for
				  certification as a law enforcement officer in Nebraska.
005.01 Testing
005.01A Definitions
005.01A(1) Unit Test - A cognitive test that
				is administered over one or more course subjects.
005.01A(2) Performance Test - A test of a
				student's ability to perform specific tasks or skills at an established level
				of competency.
005.01A(3)
				Comprehensive Test - A test that is comprehensive in nature and requires the
				student to recall knowledge and or perform tasks that were previously learned
				and upon which the student was previously tested or required to demonstrate
				proficiency.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 6 - ADMISSION PRIORITIES TO THE NEBRASKA LAW ENFORCEMENT TRAINING CENTER › Section 79-6-002 - Scope

Current through June 17, 2024
State Statute
				  81-1414,
				  Title 79, Chapter 2, Chapter 8, and Chapter 14
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 6 - ADMISSION PRIORITIES TO THE NEBRASKA LAW ENFORCEMENT TRAINING CENTER › Section 79-6-003 - General

Current through June 17, 2024
The primary mission of the Center is to meet the basic
				  certification needs of law enforcement agencies in the State.
003.01 Allocation of Basic Training Academy
				Seats
The Council shall annually determine how basic training
				  academy seats are allocated at the Training Center.
003.02 Academy seats will be allocated to two
				separate categories of students.
003.02A
				Students not employed by an agency.
003.02B Students employed by an
				agency.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 7 - RESERVE OFFICER CERTIFICATION STANDARDS › Section 79-7-003 - Reference

Current through June 17, 2024
State Statutes
				  81-1410,
				  81-1439
				  and
				  81-1444,
				  Title 79, Chapter 2, Chapter 5, Chapter 8, Chapter 9
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 7 - RESERVE OFFICER CERTIFICATION STANDARDS › Section 79-7-004 - General

Current through June 17, 2024
004.01 The standards for admission to Reserve
				Officer Certification Training shall be the same standards as set forth for law
				enforcement officers in State Statute
				81-1410,
				81-1439,
				and Title79, Chapter 8.
004.02
				Agencies are required to report the appointment of Reserve Officers and make
				application for attending Reserve Officer Certification training under the same
				standards as set forth in Title 79, Chapter 2.
004.03 The Council may grant a waiver of the
				statutory requirement of the completion of Reserve Officer certification
				training within one year of appointment under the same conditions as set forth
				in Title 79, Chapter 8 for law enforcement officers.
004.04 Reserve Officer certification training
				shall be conducted by or under the supervision of the Center. Such training may
				be provided at the Center, at regional sites or through distance learning or a
				combination of the above as approved by the Council.
004.05 The Reserve Officer certification
				curriculum shall be approved by the Council. Reserve Officer certification
				shall be provided at least biannually as determined by the Center.
004.06 Reserve Officer Certification shall be
				given by the Council when:
004.06A A person
				has met all standards for admission to an academy and successfully completed
				Reserve Officer certification training.
004.06B The person completes the Code of
				Ethics and submits it to the Center and the Center has received a Change in
				Status Report from the agency reflecting appointment as a Reserve
				Officer.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 8 - TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES › Section 79-8-001 - Purpose

Current through June 17, 2024
To establish admission qualifications and procedures for
				  applicants who want to attend certification training at training
				  academies.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 8 - TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES › Section 79-8-002 - Scope

Current through June 17, 2024
All applicants and law enforcement agencies requesting
				  admission for the applicant to attend basic, reserve, or Reciprocity
				  certification training or other mandated training at a Training
				  Academy.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 8 - TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES › Section 79-8-003 - Reference

Current through June 17, 2024
State Statutes
				  81-1410,
				  81-1411,
				  81-1412,
				  81-1414
				  and Title 79, Chapter 2
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 8 - TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES › Section 79-8-004

Current through June 17, 2024
General Applicant(s) requesting admission to certification
				  training and other mandated training programs at a Training Academy must meet
				  the qualifications specified below. These qualifications are the minimum
				  qualifications required for entrance into a Training Academy and for
				  certification. Hiring agencies may set higher standards for entrance into a
				  Training Academy and for certification. Hiring agencies may set higher
				  standards for employment of their respective employees. Applicants must follow
				  the procedures listed herein to be eligible to attend the mandated training as
				  specified.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 8 - TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES › Section 79-8-006

Current through June 17, 2024
In order to determine if the applicant can read, write and
				  understand the English language at the eleventh grade level, the applicant
				  shall be required to complete a test approved by the State Department of
				  Education and administered by the Training Center.
006.01 The Training Center may administer the
				Reading, Writing and Understanding the English Language Test (Test of Adult
				Basic Education) through any of the following methods: training academies of
				the Nebraska State Patrol, Lincoln and Omaha Police Departments, Civil Service
				and/or Merit Commission's of other law enforcement agencies; State of Nebraska
				approved GED Examiners; Training Center staff; or as directed by the
				Council.
006.02 The Nebraska State
				Patrol, Lincoln and Omaha Law Enforcement Academies, and Civil Service and/or
				Merit Commissions of other law enforcement agencies may grade the TABE Tests
				and will furnish the written results to the Director.
006.03 The costs of the TABE Testing process
				will be charged to the applicant or the hiring agency. Applicants failing the
				TABE Test may retake a different version of the test as soon as they elect,
				however, 90 days must elapse between the taking of the same version of the test
				unless permitted upon petition to the Council.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 8 - TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES › Section 79-8-007

Current through June 17, 2024
Be examined by a licensed physician within one year or less
				  prior to admission and have been certified to have met the physical
				  requirements, as determined by the Council, necessary to fulfill the
				  responsibilities of a law enforcement officer
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 8 - TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES › Section 79-8-008 - Application Documentation

Current through June 17, 2024
008.01 All application packets must be
				received by the Director at least thirty (30) days prior to the first day of
				the Basic, Reciprocity or Reserve Certification course.
008.01A For application for admission into
				the Training Center or into another Training Academy where the applicant is not
				directly employed by the academy's agency, the application packet must include
				the following:
1. TC-001, Personnel
				Change-In-Status Report, if employed by an agency.
2. Application for Training
3. Personal Character Affidavit
4. Results of Background
				Investigation
5. TC-005, Medical
				Examination and Health Questionnaire
6. TC-006, Authority to Release
				Information
7. TC-084 Employment
				Verification Form
8. Copy of Birth
				Certificate or recognized substitute
9. Copy of Valid Operator's License
10. Four Fingerprint Cards
11. TABE Results
12. DD-214 or equivalent (Applicable only to
				Veterans)
13. Copy of high school
				diploma or GED certificate
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 8 - TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES › Section 79-8-009 - Review by Director and Council Review

Current through June 17, 2024
All documentation as specified in section 008 must be
				  received by the Director no less than 30 days prior to the start of that
				  applicant's requested certification course at the designated Training Academy
				  or 90 days prior in the case of a diploma student.
009.01 The Director or his/her designee shall
				review the documentation within 30 days of receipt. The Director shall make an
				initial determination of whether the applicant meets the qualifications for
				admission into a Training Academy for basic or reserve certification training.
				The Director shall notify the applicant and/or agency in writing of the
				applicant's acceptance or denial. The denial shall specify the reasons for
				denial/disqualification. Upon request of the applicant or agency, the
				determination by the Director may be reviewed at the next available Council
				Hearing.
009.02 Upon request by the
				applicant or agency, the Council will conduct a hearing in order to determine
				whether the applicant meets minimum qualifications for admission into a
				certification course at a Training Academy. The Council will render a decision
				and reduce its decision in writing within two weeks of the hearing. The burden
				is on the applicant to demonstrate by clear and convincing evidence that he/she
				meets the admission qualifications. The decision of the Council is
				final.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-001 - Purpose

Current through June 17, 2024
To prescribe procedures for revocation of certificates of
				  training issued to law enforcement officers, reserve officers, and tribal law
				  enforcement officers by the State of Nebraska.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-002 - Scope

Current through June 17, 2024
This chapter is applicable to law enforcement certificates as
				  identified in Neb. Rev. Stat. §
									81-1401(5)(c)
				   issued to officers as defined in
				  Neb.Rev.Stat. §
									81-1401(5)(a);
				  tribal law enforcement officers pursuant to Neb.Rev.Stat.§
									81-1414(2);
				  and reserve officers pursuant to Neb.Rev.Stat.§
									81-1438
				  et.seq., and as defined in Title 79, Chapter 1, paragraph
				  004.35.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-003 - Authority & Grounds for Revocation

Current through June 17, 2024
Neb.Rev.Stat. §
									81-1403(6)
				   provides that the Council may revoke
				  certificates or diplomas for reasons which shall include, but not be limited to
				  incompetence, neglect of duty and physical, mental or emotional incapacity and
				  upon final conviction of a felony. This section shall serve as further grounds
				  for revocation. The following grounds may also serve as justifications for
				  revocation:
003.01 Upon a final
				adjudication of malfeasance in office;
003.02 Willfully providing false information
				in connection with obtaining certification, maintaining or reactivating
				certification status;
003.03 Upon
				final conviction of a misdemeanor under state law, federal law or the law of
				another jurisdiction and which, if committed within this state, would have
				constituted a misdemeanor under state law and which has a rational connection
				with the officer's fitness or capacity to serve as a law enforcement officer; a
				certified copy of the conviction shall serve as conclusive evidence of that
				conviction;
003.04 The commission
				of an act that would constitute a violation of the officer's oath of office,
				code of ethics and/or a violation of his/her statutory duties;
003.05 The revocation or relinquishment,
				denial of renewal or suspension of the officer's law enforcement certificate or
				license by another state or jurisdiction for such grounds that would constitute
				grounds for revocation or denial in this state. A certified copy of the record
				of revocation, relinquishment denial or suspension shall be conclusive evidence
				of such administrative action;
003.06 Mental incapacitation that is
				permanent or is reasonably likely to be permanent and which substantially
				impairs the officer's abilities to perform the duties of a law enforcement
				officer as evidenced by a legal adjudication or as determined by a licensed
				psychiatrist and for which no reasonable accommodation can be made;
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-004

Current through June 17, 2024
Subject to review and approval of the Nebraska Commission on
				  Law Enforcement and Criminal Justice, the Council shall revoke certificates
				  pursuant to its authority under Neb.Rev.Stat. 81-1403
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-005

Current through June 17, 2024
Initiation of a Complaint Leading to Revocation of
				  Certification
005.01 Notification by a
				law enforcement agency
A written informal complaint shall be filed with the
				  Executive Director of the Nebraska Commission on Law Enforcement and Criminal
				  Justice (hereinafter Commission) when an agency has reason to believe that it
				  knows of an officer who falls within the purview of Neb.Rev.Stat. §
										81-1403(6)
				   and/or section 003 of this
				  chapter.
005.02 Notification
				by the Public
When an individual has reason to believe that there is an
				  officer who falls within the purview of Neb.Rev.Stat. §
										81-1403(6)
				   and/or section 003 of this chapter, that
				  individual must file a written informal complaint with the Executive Director
				  of the Commission.
005.03
				Initiation of a Complaint by the Director of the Law Enforcement Training
				Center
Pursuant to his/her duties as specified in Neb. Rev. Stat.
				  §
										81-1404,
				  the Director may commence revocation proceedings when the Director becomes
				  aware of grounds constituting revocation proceedings as outlined in this
				  chapter.
005.04 The informal
				complaint shall be in writing and signed by the complainant or authorized
				representative if complainant is a department or organization.
005.05 The informal complaint, whenever
				possible, shall contain the following information:
1. Full name, address and telephone number of
				the complainant;
2. Full name,
				address, and telephone number, if known, of the officer who is the subject of
				the complaint;
3. A concise
				statement of the facts which the complainant believes brings the officer within
				the purview of Neb.Rev.Stat. §
										81-1403(6)
				 and/or section 003 of this chapter together
				with supporting documentation, if any.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-006 - Initial Inquiry

Current through June 17, 2024
The informal complaint along with any supporting
				  documentation and the informal response by the respondent, if submitted, shall
				  be reviewed by the Executive Director in order to determine appropriate
				  disposition of the informal complaint. Disposition may include one of the
				  following: rejection of the informal complaint, assigning the informal
				  complaint for investigation, or setting the informal complaint for formal
				  hearing.
006.01 Rejection of the
				Complaint
If the Executive Director makes a determination that the
				  informal complaint should be rejected, a report shall be made to the Commission
				  summarizing the facts and giving the basis for the rejection of the informal
				  complaint. Unless further inquiry is directed by two thirds of the Commission
				  present at the quarterly meeting, the matter shall be deemed closed and a
				  letter summarizing the position of the Commission shall be sent to the
				  complainant and the respondent. If further inquiry is ordered, the Executive
				  Director shall review the subsequent findings in order to determine if cause
				  for revocation exists. In the event that the Executive Director determines that
				  there is no cause for revocation, then the matter will be deemed
				  closed.
006.02 Investigation
If the designee of the Commission deems it necessary, the
				  complaint, respondent's response and all other additional documentation and
				  information shall be forwarded to the State Patrol or other designated law
				  enforcement agency or qualified individual for investigation of the
				  allegations.
006.03 Upon
				completion of the investigation, the designated agency or individual shall make
				a recommendation as to whether revocation grounds exist. Said recommendation
				shall be based upon probable cause that either the statutory grounds or the
				grounds identified within this chapter have been established. In the event that
				additional grounds are uncovered during the investigation, the investigator may
				include those grounds as part of the investigation and recommendation. All
				reports and relevant materials shall be turned over to the Executive Director
				for further processing of the complaint.
006.04 If, after review of all documents,
				informal complaints, responses in the initial inquiry, and results of any
				investigation, the Executive Director makes the determination that the
				respondent falls within the purview of Neb.Rev.Stat. §
									81-1403(6),
				the Executive Director shall cause a formal complaint to be filed with the
				Council regarding revocation of the respondent's certification.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-007 - Formal Complaint and Notice of Hearing

Current through June 17, 2024
A formal complaint and notice of hearing before the Council
				  shall be served on the respondent by mailing a copy of it by certified mail,
				  return receipt requested, to the respondent's last known address or as
				  otherwise provided by law, which may include personal service. The notice shall
				  comport with the requirements of Neb.Rev.Stat. §
									84-913.
				  The hearing shall be held within sixty (60) days from the date of the filing of
				  the formal complaint, unless continued for good cause by the Council or the
				  presiding officer.
007.01 There shall
				be a notice in large type or some other manner so as to be noticeably different
				from the type face of the rest of the complaint and hearing notice that failure
				to appear for a requested prehearing conference shall result in sanctions being
				levied against the party failing to appear. Such sanctions may include, but are
				not limited to, a levy of costs incurred up to that point in the case and the
				entry of order recommending revocation of the respondent's
				certificate.
007.02 All proceedings
				shall be conducted in accordance with the Administrative Procedure Act, Neb.
				Rev. Stat. §
									84-901
				et seq. and with Title 53 of the Nebraska Administrative Code, Chapter 4, as
				they relate to the pleadings, notice, ex parte communications, prehearing
				conferences, discovery and the progression of the actual contested case at
				hearing.
Nebraska Administrative Code › Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE › Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL › Chapter 9 - REVOCATION OF LAW ENFORCEMENT OFFICER CERTIFICATION › Section 79-9-008 - Answer

Current through June 17, 2024
The respondent shall have not more than twenty (20) days from
				  the date of service to file an answer.
008.01 The answer shall contain the following
				information:
1. Name and address of the
				respondent
2. Specific statements
				regarding any and all allegations in the complaint and notice which shall be in
				the form of admissions, denials, explanatory remarks, or statements of
				mitigating circumstances and any additional facts or information the respondent
				deems relevant and which may be of assistance in the ultimate determination of
				the case.