272 Neb. Admin. Code, ch. 19, § 004

Current through May 7, 2024
Section 272-19-004 - REQUEST FOR DETERMINATION OF APPLICABILITY
004.01 A person required to register may request an administrative determination of applicability of the Nebraska State Patrol Sex Offender Registration to their conviction. A written request must be addressed to the Nebraska State Patrol, Sex Offender Registration, P.O. Box 94907, Lincoln, Nebraska 68509. The request for determination of applicability will include:
004.01A Name, date of birth, address and phone number of the requestor;
004.01B Description of the criminal act(s) which are the subject of the request. This will be specific as to the elements of the crime for which the individual was convicted, conviction date and state of conviction;
004.01C Court action on the offense(s) to include: name of the court, location of the court, date of the action and nature of disposition of the case.
004.02 An administrative determination will be made and the requesting individual advised of this decision in writing within thirty (30) days of the request. An individual not satisfied with the administrative determination of applicability of the program can file an appeal to the Superintendent of Law Enforcement and Public Safety and request a formal determination under the Administrative Procedures Act. Appeals from Administrative Procedures Act determinations can be filed in the District Court .
004.03 Requesting a determination of the applicability of the Act does not extend the time limits for registering and does not relieve the individual of the duty to register. If an individual has registered and a determination is made that registration is not required, the information will be removed from the registry and the individual so notified.

272 Neb. Admin. Code, ch. 19, § 004

Amended effective 3/23/2020
Amended effective 7/4/2021