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(98.43(e)(2-4)). Child Care Subsidy Program: An appeal process, allowing individuals to challenge the accuracy or completeness of their criminal background check, is in draft form, appeal process in draft regulations set for public hearing on 10/25/19.
Child Care Subsidy Licensing: The Administrative Procedure Act in §71-1916 #5, allows for an appeal process for licensed individuals to challenge the accuracy of completeness of their criminal background check. Complaints/request for investigation may be submitted in writing, by phone, or in person explaining why a person believes a violation in statute or regulation has occurred. A decision made by the Department regarding initial licensing will become final 30 days after the date of the decision was mailed unless the applicant requests a hearing within those 30 days. Hearings for applicate to become licensed are set within 30 days of the request for a hearing and will be held within 90 days after the request for hearing unless continued for good cause.
5.4.13 The state/territory may not charge fees that exceed the actual costs of processing applications and administering a criminal background check (98.43(f)). Effective Date: 11/22/2019
Describe how the state/territory ensures that fees charged for completing the background checks do not exceed the actual cost of processing and administration, regardless of whether they are conducted by the state/territory or a third-party vendor or contractor. Lead Agencies can report that no fees are charged if applicable (98.43(f)). The Lead Agency does not charge application fees for criminal background checks. Nebraska Central Registry of Child Abuse and Neglect and Nebraska Central Registry of Adult Abuse Checks cost $2.50 for the background check (Adult/Child Abuse/Neglect). If the online Portal is used, there is an additional fee of $1.50 payment processing fee. If the applicant chooses to use the online ID verification option there is an additional $1.00 fee. The most this would cost would be $5.00/ per person/check.
Nebraska State Patrol charges $45.25 per fingerprint check with additioal fees if processed on line with e-check or credit card. Nebraska Page 247 of 314