Section 179-10-009 - VOLUNTARY SURRENDER OR LIMITATION A credential holder may offer to voluntarily surrender or limit a credential issued by the Department. The credential holder must make the offer in writing on a form provided by the Department or constructed by the credential holder, which must include the following information:
1. Personal Information: a. First, middle and last name;b. Mailing address (street, rural route, or post office address), city, state, and zip code;2. Information Regarding the Credential Being Offered for Surrender or Limitation: a. List credential(s) and credential number(s) that would be surrendered or limited;b. Indicate the desired time frame for offered surrender or limitation: (3) Definite period of time (specify);c. Specify reason for offered surrender or limit of credential; andd. Specify any terms and conditions that the credential holder wishes to have the Department consider and apply to the offer.3. Attestation: The credential holder must:a. Attest that all the information on the offer is true and complete; andb. Sign and date the attestation.009.01 The Department may accept an offer of voluntary surrender or limitation of a credential based on: 1. An offer made by the credential holder on his/her own volition;2. An offer made with the agreement of the Attorney General or the legal counsel of the Department to resolve a pending disciplinary matter;3. A decision by the Attorney General to negotiate a voluntary surrender or limitation in lieu of filing a petition for disciplinary action; or4. A decision by the legal counsel of the Department to negotiate a voluntary surrender or limitation in response to a notice of disciplinary action.009.02 The Department may reject an offer of voluntary surrender of a credential under circumstances which include, but are not limited to, when the credential: 1. Is under investigation;2. Has a disciplinary action pending but a disposition has not been rendered; or3. Has had a disciplinary action taken against it.009.03 When the Department either accepts or rejects an offer of voluntary surrender or limitation, the Director will issue the decision in a written order. The order will be issued within 30 days after receipt of the offer of voluntary surrender or limitation and will specify: 1. Whether the Department accepts or rejects the offer of voluntary surrender; and2. The terms and conditions under which the voluntary surrender is accepted or the basis for the rejection of an offer of voluntary surrender. The terms and conditions governing the acceptance of a voluntary surrender will include, but not be limited to: a. Duration of the surrender;b. Whether the credential holder may apply to have the credential reinstated; andc. Any terms and conditions for reinstatement.009.04 A limitation may be placed on the right of the credential holder to practice as a licensed operator to the extent, for the time, and under the conditions as imposed by the Director.009.05 Violation of any of the terms and conditions of a voluntary surrender or limitation by the credential holder will be due cause for the refusal of renewal of the credential, for the suspension or revocation of the credential, or for refusal to restore the credential.009.06 Reinstatement following voluntary surrender is set out in 179 NAC 10-010.179 Neb. Admin. Code, ch. 10, § 009