38-1,100. Credential; disciplinary action; revocation; effect. If revocation is imposed pursuant to section 38-196, the credential holder shall not engage in the practice of the profession after a credential to practice such profession is revoked. Such revocation shall be for all times, except that at any time after the expiration of two years, application may […]
38-1,101. Contested cases; chief medical officer; duties. If a chief medical officer is appointed pursuant to section 81-3115, he or she shall perform the duties of the director for decisions in contested cases under the Uniform Credentialing Act other than contested cases under sections 38-1,119 to 38-1,123. Source Laws 1997, LB 622, § 78; Laws […]
38-1,102. Appeal; procedure. Both parties to disciplinary proceedings under the Uniform Credentialing Act shall have the right of appeal, and the appeal shall be in accordance with the Administrative Procedure Act. The case shall be heard at a time fixed by the district court. It shall be advanced and take precedence over all other cases […]
38-1,103. Consultant to department from board; authorized. A board may designate one of its professional members to serve as a consultant to the department in reviewing complaints and on issues of professional practice that may arise during the course of an investigation. Such consultation shall not be required for the department to evaluate a complaint […]
38-1,104. Complaint; decision not to investigate; notice; review; notice to credential holder; when. (1) If the department determines that a complaint will not be investigated, the department shall notify the complainant of such determination. At the request of the complainant, the appropriate board may review the complaint and provide its recommendation to the department on […]
38-1,105. Investigations; department; progress reports to appropriate board; board review; board; powers and duties; review by Attorney General; meetings in closed session. (1) The department shall advise the appropriate board on the progress of investigations. If requested by the complainant, the identity of the complainant shall not be released to the board. (2) When the […]
38-1,106. Reports, complaints, and records not public records; limitations on use; prohibited disclosure; penalty; application material; how treated; confidentiality. (1) Reports under sections 38-1,129 to 38-1,136, complaints, and investigational records of the department shall not be public records, shall not be subject to subpoena or discovery, and shall be inadmissible in evidence in any legal […]
38-1,107. Violations; department; Attorney General; powers and duties; applicability of section. (1) Except as provided in subsection (2) of this section, the department shall provide the Attorney General with a copy of all complaints it receives and advise the Attorney General of investigations it makes which may involve any possible violation of statutes or rules […]
38-1,108. Referral to board; assurance of compliance; recommendation. Upon referral of a matter under section 38-1,107 by the Attorney General, the board may: (1) Advise the Attorney General on the content of an agreement to serve as the basis of an assurance of compliance. The Attorney General may contact the credential holder to reach, by […]
38-1,109. Credential holder; voluntarily surrender or limit credential; department; powers; written order of director; violation of terms and conditions; effect. (1) A credential holder may submit to the department an offer to voluntarily surrender or limit any credential issued by the department pursuant to the Uniform Credentialing Act. Any such offer may be made to […]
38-1,110. Complaint alleging dependence or disability; director; investigation; report; review by board; finding; effect. (1) When the department has received a complaint or report by any person or any report has been made to the director by the Licensee Assistance Program under section 38-175 alleging that an applicant for a credential or a person credentialed […]
38-1,111. Credential; disciplinary action because of physical or mental disability; duration; when issued, returned, or reinstated; manner. (1) The denial, refusal of renewal, limitation, or suspension of a credential as provided in section 38-1,110 shall continue in effect until reversed on appeal pursuant to section 38-1,113 or until the cause of such denial, refusal of […]
38-1,112. Refusal to submit to physical or mental examination or chemical dependency evaluation; effect. Refusal of an applicant or credential holder to submit to a physical or mental examination or chemical dependency evaluation requested by the appropriate board or the department pursuant to section 38-1,110 or 38-1,111 to determine his or her qualifications to practice […]
38-1,113. Disciplinary action involving dependence or disability; appeal. Any applicant or credential holder shall have the right to request a hearing on an order denying, refusing renewal of, limiting, suspending, or revoking a credential to practice a profession because of abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering […]
38-1,114. Practicing profession or business without credential; injunction. Any person engaging in the practice of any profession or business without the appropriate credential may be restrained by temporary and permanent injunctions. Source Laws 1927, c. 167, § 63, p. 471; C.S.1929, § 71-801; Laws 1943, c. 150, § 17, p. 546; R.S.1943, § 71-164; Laws […]
38-1,115. Prima facie evidence of practice without being credentialed; conditions. It shall be prima facie evidence of practice without being credentialed when any of the following conditions exist: (1) The person admits to engaging in practice; (2) Staffing records or other reports from the employer of the person indicate that the person was engaged in […]
38-1,116. Practicing without credential; operating business without credential; administrative penalty; procedure; disposition; attorney’s fees and costs. (1) The department may assess an administrative penalty of ten dollars per day for each day that evidence exists of practice prior to issuance, renewal after expiration, or reinstatement of a credential to practice a profession or operate a […]
38-1,117. False impersonation; fraud; aiding and abetting; use of false documents; penalty. Any person who (1) presents to the department a document which is false or of which he or she is not the rightful owner for the purpose of procuring a credential, (2) falsely impersonates anyone to whom a credential has been issued by […]
38-1,118. General violations; penalty; second offenses; penalty. Any person violating any of the provisions of the Uniform Credentialing Act, except as specific penalties are otherwise imposed in the act, shall be guilty of a Class III misdemeanor. Any person for a second violation of any of the provisions of the act, for which another specific […]
38-1,119. Certain professions and businesses; sections applicable; initial credential; renewal of credential; denial or refusal to renew; department; powers. (1) Sections 38-1,119 to 38-1,123 apply to the following professions and businesses: Asbestos abatement, inspection, project design, and training; lead-based paint abatement, inspection, project design, and training; medical radiography; and radon detection, measurement, and mitigation. (2) […]
