(1)(a) A professional firefighter shall be entitled to a waiver of one hundred percent of the resident tuition charges of any state university, state college, or community college if the professional firefighter:

(i) Maintains satisfactory performance with such firefighter's fire department;

(ii) Meets all admission requirements of the state university, state college, or community college;

(iii) Pursues studies leading to a degree in science or medicine that relates to a career in professional firefighting from an associate degree program or a baccalaureate degree program; and

(iv) Files with the Department of Revenue documentation showing proof of employment as a professional firefighter and proof of residence in Nebraska each year such professional firefighter or such professional firefighter's legal dependent applies for and receives the tuition waiver.

(b) The professional firefighter may receive the tuition waiver for up to five years if such professional firefighter otherwise continues to be eligible for participation.

(2) Any legal dependent of a professional firefighter who maintains satisfactory performance with such professional firefighter's fire department shall be entitled to a tuition waiver of one hundred percent of the resident tuition charges of any state university, state college, or community college for an associate or baccalaureate degree program if the legal dependent executes an agreement with the state in accordance with section 85-2605. The legal dependent may receive the tuition waiver for up to five years if the professional firefighter and the legal dependent continue to be eligible for participation. The five years of tuition waiver eligibility starts once the legal dependent applies for and receives the tuition waiver for the first time and is available to such legal dependent for the next consecutive five years.

(3) The state university, state college, or community college shall waive one hundred percent of the professional firefighter's or the legal dependent's tuition remaining due after subtracting awarded federal financial aid grants and state scholarships and grants for an eligible professional firefighter or legal dependent during the time the professional firefighter or legal dependent is enrolled. To remain eligible, the professional firefighter or legal dependent must comply with all requirements of the institution for continued attendance and award of an associate degree or baccalaureate degree.

(4) An application for the tuition waiver shall include a verification of the professional firefighter's satisfactory performance as a professional firefighter. It shall be the responsibility of the professional firefighter to obtain a certificate of verification from the fire chief of such professional firefighter's fire department attesting to such professional firefighter's satisfactory performance. The professional firefighter shall include the certificate or verification when the professional firefighter or the professional firefighter's legal dependent is applying to the state university, state college, or community college in order to obtain tuition waiver upon initial enrollment.

(5) Within forty-five days after receipt of a completed application, the state university, state college, or community college shall send written notice of the professional firefighter's or legal dependent's eligibility or ineligibility for the tuition waiver. If the professional firefighter or legal dependent is determined not to be eligible for the tuition waiver, the notice shall include the reason or reasons for such determination and an indication that an appeal of the determination may be made pursuant to the Administrative Procedure Act.