Nebraska § 50-1911 - Office; full investigation; access to records; subpoena; records; statement of record integrity and security; contents; treatment of records; interviews.

§ 50-1911. Office; full investigation; access to records; subpoena; records; statement of record integrity and security; contents; treatment of records; interviews.

(1) A full investigation conducted by the office shall consist of (a) access to and retrieval of all relevant records through compliance with a request of the office, by voluntary production, or by subpoena, (b) review of all relevant records, and (c) interviews of all relevant persons. The office may request or request the issuance of a subpoena for any record necessary for the investigation from the department or a private agency that is pertinent to an investigation. All case files, licensing files, medical records, financial and administrative records, and records required to be maintained pursuant to applicable licensing rules shall be produced for review by the office in the course of an investigation.

(2) Compliance with a request of the office includes:

(a) Production of all records requested;

(b) A diligent search to ensure that all appropriate records are included;

(c) A continuing obligation to immediately forward to the office any relevant records received, located, or generated after the date of the request;

(d) Provision of complete and truthful answers to questions posed by the office in the course of an investigation; and

(e) Not willfully interfering with or obstructing an investigation.

(3) The office shall seek access in a manner that respects the dignity and human rights of all persons involved, maintains the integrity of the investigation, and does not unnecessarily disrupt department programs or services.

(4) When circumstances of an audit, inspection, investigation, or review require, the office may make an announced or unannounced visit to a departmental office, a department correctional facility, or a private agency. The office may request relevant records during such visit.

(5) A responsible individual or an administrator may be asked to sign a statement of record integrity and security when a record is secured by request as the result of a visit by the office, stating:

(a) That the responsible individual or the administrator has made a diligent search of the departmental office, department correctional facility, or private agency to determine that all appropriate records in existence at the time of the request were produced;

(b) That the responsible individual or the administrator agrees to immediately forward to the office any relevant records received, located, or generated after the visit;

(c) The persons who have had access to the records since they were secured; and

(d) Whether, to the best of the knowledge of the responsible individual or the administrator, any records were removed from or added to the record since it was secured.

(6) The office shall permit a responsible individual, an administrator, or an employee of a departmental office, a department correctional facility, or a private agency to make photocopies of the original records within a reasonable time in the presence of the office for purposes of creating a working record in a manner that assures confidentiality.

(7) The office shall present to the responsible individual or the administrator or other employee of the departmental office, department correctional facility, or private agency a copy of the request, stating the date and the titles of the records received.

(8) If an original record is provided during an investigation, the office shall return the original record as soon as practical but no later than ten business days after the date of the compliance request.