174 Neb. Admin. Code, ch. 3, § 004

Current through September 17, 2024

Section 174-3-004 - CERTIFIED COPIES FOR APPLICANTS FOR ANY PROPER PURPOSE

Applicants for any proper purpose as defined in this chapter may obtain a certified copy of a birth, death, marriage, or dissolution of marriage record, except as otherwise provided by law or court order, upon approval of their application by the Department and payment of the statutory fee for each certified copy or search for a certified copy, whether or not the record is found, unless exempt from payment by law

004.01APPLICATIONS. Applications may be made in person or by mail or electronic means approved by the Department. Applicants must:

(A) Furnish sufficient information for the Department to locate and identify each certified copy requested;

(B) Provide the applicant's name, address, telephone number, and proof of identity. More than 1 document proving identity may be required;

(C) Describe the purpose for each certified copy requested and provide proof satisfactory to the Department that the request is for a proper purpose as defined in this chapter; and

(D) If the applicant is involved in medical, scientific, law enforcement, government, genealogical, or historical research, provide the name of any entity that the applicant represents; the name of the principal investigator, if other than the applicant; the applicant's qualifications, if appropriate; the location where the research will take place; and the means by which the research will take place.

004.02SUPPLEMENTAL INFORMATION. Supplemental information may be accepted over the phone except when documentation is required and a record of such will be made by the Department.

004.03BURDEN OF PROOF. Applicants have the burden of proving to the Department that a proper purpose exists. An application may be denied when, upon review of the application and the documentation provided by the applicant or the Department's independent verification of some or all information or proof supplied by the applicant, the Department finds that:

(A) The reason for which the record is sought is not a proper purpose as defined in this chapter;

(B) An applicant cannot show proof of identity;

(C) Information or documentation provided by the applicant is incomplete;

(D) The certificate or record requested is confidential, sealed, or protected by statute or court order;

(E) Information or documentation provided by the applicant does not provide the proof necessary for release for a proper purpose; and

(F) There is reason to believe that an applicant has provided inaccurate or false information.

174 Neb. Admin. Code, ch. 3, § 004

Amended effective 6/14/2023