Nebraska Statutes 81-1403. Council; duties; law enforcement agency; duties; administrative fine
Subject to review and approval by the commission, the council shall:
Terms Used In Nebraska Statutes 81-1403
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Conviction: A judgement of guilt against a criminal defendant.
- Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) Adopt and promulgate rules and regulations for law enforcement pre-certification, certification, continuing education, and training requirements. Such rules and regulations may include the authority to impose a fine on any individual, political subdivision, or agency who or which violates sections 81-1401 to 81-1414.19 or any rules and regulations adopted and promulgated thereunder. The fine for each separate violation of such sections or of any such rule or regulation shall not exceed either (a) a one-time maximum fine of five hundred dollars or (b) a maximum fine of one hundred dollars per day until the individual, political subdivision, or agency complies with such rules or regulations;
(2) Adopt and promulgate rules and regulations for the operation of the training center;
(3) Recommend to the executive director of the commission the names of persons to be appointed to the position of director of the training center;
(4) Establish requirements for satisfactory completion of pre-certification programs, certification programs, and advanced training programs;
(5) Issue certificates or diplomas attesting satisfactory completion of pre-certification programs, certification programs, and advanced training programs;
(6) Revoke or suspend such certificates or diplomas according to rules and regulations adopted and promulgated by the council pursuant to sections 81-1401 to 81-1414.19 for reasons which shall include, but not be limited to:
(a) Final conviction of or pleading guilty or nolo contendere to a:
(i) Felony violation of state or federal law;
(ii) Misdemeanor crime of domestic violence; or
(iii) Misdemeanor violation of state or federal law, if the violation has a rational connection with the officer’s fitness or capacity to serve as a law enforcement officer;
(b) Serious misconduct; or
(c) A violation of the officer’s oath of office, code of ethics, or statutory duties;
(7) The council shall adopt and promulgate rules and regulations that:
(a) Provide for the revocation of a certificate or diploma without a hearing upon the certificate or diploma holder’s final conviction of or pleading guilty or nolo contendere to a felony or misdemeanor described in subdivision (6) of this section; and
(b) Include a procedure for hearing appeals of any person who feels that the revocation or suspension of his or her certificate or diploma was in error;
(8) Set the tuition and fees for the training center and all officers of other training academies not employed by that training academy’s agency. The tuition and fees set for the training center pursuant to this subdivision shall be adjusted annually pursuant to the training center budget approved by the Legislature. All other tuition and fees shall be set in order to cover the costs of administering sections 81-1401 to 81-1414.19. All tuition and fees shall be remitted to the State Treasurer for credit to the Nebraska Law Enforcement Training Center Cash Fund;
(9) Annually certify any training academies providing a basic course of law enforcement training which complies with the qualifications and standards promulgated by the council and offering training that meets or exceeds training that is offered by the training center. The council shall set the maximum and minimum applicant enrollment figures for training academies training non-agency officers;
(10) Extend the programs of the training center throughout the state on a regional basis;
(11) Establish the qualifications, standards, and continuing education requirements and provide the training required by section 81-1439 ; and
(12) Do all things necessary to carry out the purpose of the training center, except that functional authority for budget and personnel matters shall remain with the commission.
Any administrative fine imposed under this section shall constitute a debt to the State of Nebraska which may be collected by lien foreclosure or sued for and recovered in any proper form of action by the office of the Attorney General in the name of the State of Nebraska in the district court of the county where the final agency action was taken. All fines imposed by the council shall be remitted to the State Treasurer for distribution in accordance with Article VII, § 5, of the Constitution of Nebraska.