Section 178-10-011 - REINSTATEMENT This section applies to individuals previously credentialed in Nebraska who seek the authority to return to practice in Nebraska with a valid Nebraska credential. To qualify for reinstatement, the applicant must first meet the requirements for renewal. Individuals may apply for reinstatement as follows:
1. An individual whose credential has expired, been placed on inactive status, voluntarily surrendered for an indefinite period of time, or suspended or limited for disciplinary reasons, may apply for reinstatement at any time.2. An individual whose credential has been voluntarily surrendered for a definite period of time may apply for reinstatement after that period of time has elapsed.3. An individual whose credential has been revoked may apply for reinstatement only after a period of two years has elapsed from the date of revocation.4. An individual whose credential has been permanently voluntarily surrendered may not apply for reinstatement. The voluntary surrender of a credential may be unrelated to disciplinary matters, or may be done to resolve a pending disciplinary matter, in lieu of disciplinary action, or in response to a notice of disciplinary action.
011.01 Reinstatement From Expired or Inactive Status or Following Voluntary Surrender Unrelated to a Disciplinary Matter The applicant must submit to the Department a written application on a form provided by the Department or constructed by the applicant.
1.Application: The applicant must attest that all information in the application is truthful and complete, and the applicant, in his/her application: a. Must provide the following information: (1) The legal name of the applicant, maiden name (if applicable), and any other names by which the applicant is known;(2) Mailing address (street, rural route, or post office address; and city, state, and zip code or country information);(3) The applicant's: (a) Social Security Number (SSN); or(b) Alien Registration Number (A#); or(c) Form I-94 (Arrival-Departure Record) number. Certain applicants may have both a SSN and an A# or I-94 number, and if so, must report both.
(4) If the applicant holds a professional credential in another state, a list of the state(s) and type of credential; and(5) Telephone number including area code;b. Must state that s/he is one of the following: (1) A citizen of the United States;(2) An alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (INA) and who is eligible for a credential under the Uniform Credentialing Act; or(3) A non-immigrant whose visa for entry, or application for visa for entry, is related to employment as a credential holder in the United States;c. If the applicant is an alien or non-immigrant, s/he must submit evidence of lawful permanent residence, and/or immigration status may include a copy of: (1) An Alien Registration Receipt Care (Form I-551, otherwise known as a "Green Card");(2) An unexpired foreign passport with an unexpired Temporary I-551 stamp bearing the same name as the passport;(3) A document showing an Alien Registration Number ("A#") with visa status; or(4) A Form I-94 (Arrival-Departure Record) with visa status;d. May provide the following information about him/herself: e. Must indicate that s/he: (1) Is of good character;(2) Has met the continuing competency requirements specified in 178 NAC 10-006 within the 24 months immediately preceding submission of the application;(3) Has not practiced in Nebraska since s/he last held an active credential, or if the applicant has practiced in Nebraska since s/he last held an active credential, the actual number of days practiced;(4) Has not committed any act which would be grounds for action against a credential as specified in 178 NAC 10-009 since the last renewal or issuance of the credential (whichever is later), or if an act(s) was committed, provide an explanation of all such acts; and(5) Is a citizen of the United States or a qualified alien under the federal Immigration and Nationality Act, for the purpose of complying with Neb. Rev. Stat. §§ 4-108 to 4-114. The applicant must provide his/her immigration status and alien number, and agree to provide a copy of his/her USCIS documentation upon request; and2.Fee(s): The following fee(s): a. If the credential is expired or inactive, the reinstatement and renewal fees; orb. If the credential was voluntarily surrendered, the renewal fee. 10-011.01A If an applicant has practiced while his/her credential was expired, inactive, or voluntarily surrendered, the Department may, with the recommendation of the Board, take one or more of the following actions: 1. Deny the application to reinstate the credential;2. Reinstate the credential to active status and impose limitation(s) or other disciplinary actions on the credential; and/or3. Reinstate the credential.10-011.01B If an applicant has committed any other violation of the statutes and regulations governing the credential, the Department may: 1. Deny the application for reinstatement of the credential;2. Reinstate the credential to active status and impose limitation(s) or other disciplinary actions on the credential; and/or3. Reinstate the credential.10-011.01C The Department will act within 150 days on all completed applications.10-011.01D The Department's decision may be appealed to the Director by any party to the decision. The appeal must be in accordance with the Administrative Procedure Act.011.02 Reinstatement Following Suspension, Limitation, Revocation, or Voluntary Surrender to Resolve a Pending Disciplinary Matter, In Lieu of Discipline, or In Response to a Notice of Disciplinary Action An individual whose credential was suspended or limited may apply for reinstatement at any time. An individual whose credential has been revoked may apply for reinstatement after a period of two years has elapsed from the date of revocation. An individual whose credential was voluntarily surrendered may apply for reinstatement according to the order entered by the Director.
The applicant must submit to the Board a written application on a form provided by the Department or constructed by the applicant.
1.Application: The applicant must attest that all information in the application is truthful and complete, and the applicant, in his/her application: a. Must provide the following information: (1) The legal name of the applicant, maiden name (if applicable), and any other names by which the applicant is known;(2) Mailing address (street, rural route, or post office address; and city, state, and zip code or country information);(3) The applicant's: (a) Social Security Number (SSN) or(b) Alien Registration Number (A#); or(c) Form I-94 (Arrival-Departure Record) number. Certain applicants may have both a SSN and an A# or I-94 number, and if so, must report both.
(4) If the applicant holds a professional credential in another state, a list of the state(s) and type of credential;(5) A statement of the reason the applicant believes his/her credential should be reinstated;(6) Proof of restitution to all persons suffering damage or injury as a result of the actions for which the disciplinary measure was imposed; and(7) Telephone number including area code;.b. Must state that s/he is one of the following: (1) A citizen of the United States;(2) An alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (INA) and who is eligible for a credential under the Uniform Credentialing Act; or(3) A non-immigrant whose visa for entry, or application for visa for entry, is related to employment as a credential holder in the United States;c. If the applicant is an alien or non-immigrant, s/he must submit evidence of lawful permanent residence, and/or immigration status may include a copy of: (1) An Alien Registration Receipt Care (Form I-551, otherwise known as a "Green Card");(2) An unexpired foreign passport with an unexpired Temporary I-551 stamp bearing the same name as the passport;(3) A document showing an Alien Registration Number ("A#") with visa status; or(4) A Form I-94 (Arrival-Departure Record) with visa status;d. May provide the following information about him/herself: e. Must indicate that s/he: (1) Is of good character;(2) Has met the continuing competency requirements specified in 178 NAC 10-006 within the 24 months immediately preceding submission of the application (or other requirements as specified by the practice act);(3) Has not practiced in Nebraska since s/he last held an active credential, or if the applicant has practiced in Nebraska since s/he last held an active credential, the actual number of days practiced;(4) Has not committed any act which would be grounds for action against a credential as specified in 178 NAC 10-009 since the last renewal or issuance of the credential (whichever is later), or if an act(s) was committed, provide an explanation of all such acts; and(5) Is a citizen of the United States or a qualified alien under the federal Immigration and Nationality Act, for the purpose of complying with Neb. Rev. Stat. §§ 4-108 to 4-114. The applicant must provide his/her immigration status and alien number, and agree to provide a copy of his/her USCIS documentation upon request; and2.Fee: The renewal fee found in 178 NAC 11. 10-011.02A The Board will make a recommendation regarding reinstatement following suspension, limitation, revocation, or voluntary surrender within 180 days of receipt of the application. 10-011.02B The Department, with the recommendation of the Board, may: 1. Conduct an investigation to determine if the applicant has committed acts or offenses prohibited by Neb. Rev. Stat. § 38-178;2. Require the applicant to submit to a complete diagnostic examination, at the expense of the applicant, by one or more physician(s) or other professionals appointed by the Board. The applicant may also consult a physician(s) or other professionals of his/her own choice for a complete diagnostic examination and make available a report(s) of the examination(s) to the Department and to the Board;3. Require the applicant to pass a written, oral, or practical examination or any combination of examinations at the expense of the applicant;4. Require the applicant to successfully complete additional education at the expense of the applicant; or5. Take any combination of these actions.10-011.02C On the basis of the written application, materials submitted by the applicant and the information obtained under 178 NAC 10-011.02B, the Board may: 1. Deny the application for reinstatement; or2. Recommend to the Department: a. Full reinstatement of the credential;b. Modification of the suspension or limitation; orc. Reinstatement subject to limitations or subject to probation with terms and conditions. If the applicant has practiced while his/her credential was suspended, limited, revoked, or voluntarily surrendered, the Department may assess an administrative penalty pursuant to 178 NAC 10-012, in which case a separate notice of opportunity for hearing will be sent to the applicant.
10-011.02D An affirmative vote of a majority of the full membership of the Board as authorized by statute is required to recommend reinstatement of a credential with or without terms, conditions, or restrictions. 10-011.02EFull Reinstatement: If the Board recommends full reinstatement of the credential, modification of the suspension or limitation, or reinstatement of the credential subject to limitations or subject to probation with terms and conditions, the Board's recommendation will be sent to the applicant by certified mail. The following information will be forwarded to the Director for a decision: 1. The written recommendation of the Board, including any finding of fact or order of the Board;2. The application for reinstatement;3. The record of hearing, if any; and4. Any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the Board and the applicant.10-011.02FDenial, Modification, Limitation, or Probation: If the Board's initial decision is to deny the application for reinstatement, recommend modification of the suspension or limitation, or reinstate the credential subject to limitation or probation with terms and conditions, notification of the Board's decision will be mailed to the applicant by certified mail. 1. The initial decision or recommendation of the Board will become final 30 days after the decision or recommendation is mailed to the applicant unless the applicant requests a hearing within that 30-day period. a. If the applicant requests a hearing before the Board, the Department will mail a notice of the date, time, and location of the hearing. The notice will be sent by certified mail at least 30 days before the hearing.b. Following the hearing, the Board may deny the reinstatement or recommend full reinstatement of the credential, or recommend modification of the suspension or limitation, or recommend reinstatement of the credential subject to limitations or probation with terms and conditions.2. If the applicant has been afforded a hearing or an opportunity for a hearing on an application for reinstatement within two years before filing the current application, the Department may grant or deny the application without another hearing before the Board.10-011.02GDecision Denial: If the Board's final decision is denial of the application for reinstatement, the applicant will be notified by certified mail. The applicant may appeal the Board's denial to District Court in accordance with the Administrative Procedure Act. 10-011.02HBoard Recommendation: If the Board's final recommendation is full reinstatement of the credential, modification of the suspension or limitation, or reinstatement of the credential subject to limitations or probation with terms and conditions, the Board's recommendation will be sent to the applicant by certified mail. The following information will be forwarded to the Director for a decision: 1. The written recommendation of the Board, including any finding of fact or order of the Board;2. The application for reinstatement;3. The record of hearing, if any; and4. Any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the Board and the applicant.10-011.02IDirector's Review: The Director, upon receipt of the Board's recommendation for full reinstatement, modification, or probation, will review the application and other documents and make a decision within 150 days of receipt of the Board's recommendation and accompanying documents. The Director will enter an order setting forth the decision. The Director may: 1. Affirm the recommendation of the Board and grant reinstatement; or2. Reverse or modify the recommendation if the Board's recommendation is: a. In excess of statutory authority;b. Made upon unlawful procedure;c. Unsupported by competent, material, and substantial evidence in view of the entire record; ord. Arbitrary and capricious. The order regarding reinstatement of the applicant's credential will be sent to the applicant by certified mail. The Director's decision may be appealed to District Court by any party to the decision. The appeal must be in accordance with the Administrative Procedure Act.
178 Neb. Admin. Code, ch. 10, § 011