Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 42 - PRIVATE POSTSECONDARY CAREER SCHOOLS AGENTS AND ISSUANCE OF CERTIFICATES OF APPROVAL TO RECRUIT › Section 92-42-007 - Applicant Fails to Qualify

Current through June 17, 2024
Upon review and consideration of an application for an
				  agent's permit, if the department determines that the applicant fails to meet
				  the standards established in the Act, the department shall:
007.01 So notify the applicant, setting forth
				the reasons therefore in writing, and shall deny the application;
007.02 Notify the school which the agent
				represented or proposed to represent, according to the records of the
				department, including the reasons for denial.
007.03 Extension of Time
The commissioner may grant to an applicant for an agent's
				  permit an extension of time of reasonable duration in which the applicant may
				  eliminate the reasons for denial contained in the statement of denial if the
				  applicant has demonstrated to the satisfaction of the commissioner the desire
				  to meet the standards established, and if, in the judgement of the
				  commissioner, it would be reasonably possible for the applicant to meet such
				  requirements and standards within such time.
007.04 Right of Hearing
Any person aggrieved by a decision of the commissioner
				  respecting denial of or the placing of conditions on an agent's permit shall
				  have the right to a hearing and review of such decision by the board as
				  provided in sections
				  007.04A thru
				  007.04C.
007.04A If, upon written notification of any
				such action taken by the commissioner, the aggrieved party desires a hearing
				and review, such party shall so notify the board in writing within ten (10)
				business days after the giving of notice of such action was received. If such
				notice is not given, the action shall be deemed final. Upon receipt of such
				notice from the aggrieved party, the board shall fix the time and place for a
				hearing and shall notify the aggrieved party by certified mail.
007.04B At such hearing, the party may employ
				counsel, shall have the right to hear the evidence upon which the action is
				based, and may present evidence in opposition to the commissioner's action or
				in extenuation or mitigation. The hearing shall be conducted in accordance with
				92 NAC 61. Any member of the board may preside except when a clear conflict of
				interest may be demonstrated.
007.04B1 The
				board shall adopt and promulgate rules and regulations for such hearings and
				may utilize hearing officers to conduct the hearings and present
				recommendations, including findings of fact and conclusions of law, to the
				board for final decision.
007.04C
Finality of Board
				Decision.
A decision of the board following a hearing shall be
				deemed final subject to the right of judicial review provided in 92 NAC 61. All
				matters presented at any such hearing shall be acted on promptly by the board,
				and the board shall notify all parties in writing of its decision, which shall
				include a statement of findings and conclusions upon all material issues of
				fact, law, or discretion presented at the hearing, and the appropriate rule,
				order, sanction, relief, or denial thereof.