78 Neb. Admin. Code, ch. 1, § 006 - Procedure

When any person in interest, upon review of criminal history information finds what he or she believes to be inaccurate or incomplete information as defined by this regulation, he or she shall within three days notify the agency maintaining the criminal history information in writing that he or she believes the records to be incomplete or inaccurate.

006.01 Notification must include a specific description of the record entries believed to be inaccurate or incomplete and a description of what the record should accurately contain. Any criminal justice agency receiving notification shall respond to the applicant within five working days. Response by the agency shall include either an indication that correction procedures have been initiated or shall include intent to maintain the record as it exists. Copies of all correspondence regarding correction or refusal to correct shall be retained by the criminal justice agency.

006.02 If the applicant is notified by the criminal justice agency that the record will not be corrected, he or she may seek administrative review by the Nebraska Commission on Law Enforcement and Criminal Justice. Application for administrative review shall include the following:

006.02A Full name, place and date of birth of subject of criminal history record.

006.02B Copy of criminal history record in dispute.

006.02C Description of what record should contain.

006.02D Copies or correspondence between applicant and agency holding disputed information.

006.03 Upon receipt of a full application, Commission staff shall, within three working days, notify both the person in interest and the agency holding the record that an application has been received and that an administrative review will be started. The Commission staff will review records and conduct interviews as may be necessary to reach a conclusion of whether the disputed record is inaccurate or incomplete. Commission staff will, within 30 days, report the findings of the administrative review to the Data Processing Committee of the Commission. Commission staff shall notify the applicant and the agency holding the record information of the time and place of the Data Processing Committee meeting in which the report will be presented. The Data Processing Committee will review the staff report and conclusions and make a finding at that time.

006.04 If it is the finding of the Data Processing Committee that information in the criminal history record is inaccurate or incomplete, the Commission staff will notify both the applicant and the agency holding the record and will direct the agency to begin correction procedures.

006.05 If either the applicant or the agency holding the record desire to contest the decision of the Data Processing Committee, they shall within ten days notify the Commission in writing of their intent to do so. The appeal shall be considered a contested case as defined by Section 84-901, R.R.S., 1943. A hearing before the Commission Data Processing Committee shall be scheduled within 30 days and shall be conducted in a manner consistent with Sections 84-913 through 84-916, R.R.S., 1943.

Notes

78 Neb. Admin. Code, ch. 1, § 006