Rule 39: Vocational Rehabilitation — Certification of Vocational Rehabilitation Service Providers

A. The court will certify vocational rehabilitation service providers in the following areas: vocational rehabilitation counselor and job placement specialist.

B. No vocational rehabilitation service provider shall provide vocational rehabilitation services unless he or she has satisfied the standards for certification established by the court and has been certified by the court.

C. Any loss of earning power evaluation performed by a vocational rehabilitation counselor shall be performed by a vocational rehabilitation counselor who has satisfied the standards for certification established by the court and has been certified by the court.

D. Certification may be denied, revoked, or placed in a probationary status if the court determines that the vocational rehabilitation service provider is not capable of rendering competent vocational rehabilitation services or for any of the following reasons:

1. Failure to comply with the ethical standards and responsibilities established by the court or the generally accepted standards of conduct in the vocational rehabilitation profession, including but not limited to the Code of Professional Ethics for Rehabilitation Counselors adopted by the Commission on Rehabilitation Counselor Certification.

2. Conviction of a crime that is reasonably related to professional activities performed in providing vocational rehabilitation services.

3. Deliberately withholding pertinent information from or submitting false or misleading information to any of the parties, another vocational rehabilitation service provider, or the court. 

4. Failure to provide sufficient supporting documentation or deliberately presenting false or misleading information or omitting relevant facts in the application for certification under Rules 40 and 41.

5. Failure to comply with the reporting requirements of Rule 37.

6. Failure to comply with the requirements of the Nebraska Workers’ Compensation Act or the court’s Rules of Procedure.

E. Certification of a vocational rehabilitation service provider shall not be denied, revoked, or placed in a probationary status pursuant to Rules 37, 39, 40, or 41 until after he or she has had notice and an opportunity to be heard by a judge of the court. A request by a vocational rehabilitation service provider to be heard by a judge of the court shall not stay operation of the denial, revocation, or probationary status unless such a stay is ordered by the judge.