28-374.01. Alleged abuse, neglect, or exploitation; completion of investigation; decision regarding entry into registry; notice; contents; right to amend or expunge information; appeal.

305 words·~1 min read·/ne/chapter-28/28-374-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Upon completion of the investigation pursuant to sections 28-373 and 28-374 , the person who allegedly abused, neglected, or exploited a vulnerable adult shall be given written notice of the determination of the investigation and whether the person who allegedly abused, neglected, or exploited a vulnerable adult will be entered into the registry. No person shall be entered on the registry without first being notified of the right to contest the determination. If a proper request for appeal is made by the subject pursuant to this section, the subject shall not be entered on the registry until a final order is issued by the department.

(2)If the person who allegedly abused, neglected, or exploited a vulnerable adult will be entered into the registry, the notice shall be sent prior to the entry of the subject's name on the registry, by certified mail with return receipt requested or first-class mail to the last-known address of the person who allegedly abused, neglected, or exploited a vulnerable adult and shall include:

(a)The nature of the report;

(b)The classification of the report; and

(c)The right of the person who allegedly abused, neglected, or exploited a vulnerable adult to request:

(i)The department to amend or expunge identifying information from the report;

(ii)an appeal within fourteen calendar days after the date of the notice of the department's determination is sent to the person who allegedly abused, neglected, or exploited a vulnerable adult; and

(iii)the department to remove the substantiated report from the registry in accordance with section 28-380 .

(3)If the person who allegedly abused, neglected, or exploited a vulnerable adult will not be entered into the registry, the notice shall be sent by first-class mail and shall include:

(a)The nature of the report; and

(b)The classification of the report.