reglab/housing_qa huggingface dataset:
NE Code § 38-182 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-182 - Disciplinary actions; credential to operate business; grounds.

38-182.  Disciplinary actions; credential to operate business; grounds.A credential to operate a business may be denied, refused renewal, or have disciplinary measures taken against it in accordance with section 38-196 on any of the following grounds:(1) Violation of the Uniform Credentialing Act or the rules and regulations adopted and promulgated under such act relating to the applicable business;(2) Committing or permitting, aiding, or abetting the commission of any unlawful act;(3) Conduct or practices detrimental to the health or safety of an individual served or employed by the business;(4) Failure to allow an agent or employee of the department access to the business for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the department;(5) Discrimination or retaliation against an individual served or employed by the business who has submitted a complaint or information to the department or is perceived to have submitted a complaint or information to the department; or(6) Failure to file a report required by section 71-552.Source  Laws 2007, LB463, § 82;  Laws 2011, LB591, § 3.
NE Code § 38-183 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-183 - Credential issued by department; temporary suspension or limitation; notice and hearing not required; when; duration.

38-183.  Credential issued by department; temporary suspension or limitation; notice and hearing not required; when; duration.(1) The department may temporarily suspend or temporarily limit any credential issued by the department without notice or a hearing if the director determines that there is reasonable cause to believe that grounds exist under section 38-178 or 38-182 for the revocation, suspension, or limitation of the credential and that the credential holder's continuation in practice or operation would constitute an imminent danger to the public health and safety. Simultaneously with any such action, the department shall institute proceedings for a hearing on the grounds for revocation, suspension, or limitation of the credential. Such hearing shall be held no later than fifteen days from the date of such temporary suspension or temporary limitation of the credential.(2) A continuance of the hearing shall be granted by the department upon the written request of the credential holder, and such a continuance shall not exceed thirty days unless waived by the credential holder. A temporary suspension or temporary limitation order by the director shall take effect when served upon the credential holder.(3) In no case shall a temporary suspension or temporary limitation of a credential under this section be in effect for a period of time in excess of ninety days unless waived by the credential holder. If a decision is not reached within ninety days, the credential shall be reinstated unless and until the department reaches a decision to revoke, suspend, or limit the credential or otherwise discipline the credential holder.Source   Laws 1986, LB 926, § 26;   Laws 1991, LB 456, § 10;   Laws 1994, LB 1210, § 26;   R.S.1943, (2003), § 71-147.02;  Laws 2007, LB463, § 83.
NE Code § 38-184 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-184 - Credential; disciplinary actions; time when taken.

38-184.  Credential; disciplinary actions; time when taken.If an applicant for a credential or a credential holder is convicted of an offense for which the credential may be denied or refused renewal or have other disciplinary measures taken against it in accordance with section 38-196, such denial, refusal of renewal, or disciplinary measures may be taken when the time for appeal of the conviction has elapsed or the conviction has been affirmed on appeal or an order granting probation is made suspending the imposition or the execution of sentence, irrespective of any subsequent order under any statute allowing such person to withdraw his or her plea of guilty, nolo contendere, or non vult contendere and to enter a plea of not guilty, or setting aside the verdict of guilty or the conviction, or releasing the person from probation, or dismissing the accusation, information, or indictment.Source Laws 2007, LB463, § 84.
NE Code § 38-185 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-185 - Credential; denial; refuse renewal; notice; hearing.

38-185.  Credential; denial; refuse renewal; notice; hearing.To deny or refuse renewal of a credential, the department shall notify the applicant or credential holder in writing of the action taken and the reasons for the determination. The denial or refusal to renew shall become final thirty days after mailing the notice unless the applicant or credential holder, within such thirty-day period, requests a hearing in writing. The hearing shall be conducted in accordance with the Administrative Procedure Act.Source   Laws 1927, c. 167, § 49, p. 467;   C.S.1929, § 71-604;   R.S.1943, § 71-150;   Laws 1986, LB 286, § 48;   Laws 1986, LB 579, § 40;   Laws 1988, LB 1100, § 19;   Laws 1991, LB 456, § 12;   Laws 1994, LB 1210, § 29;   Laws 1996, LB 1044, § 382;   R.S.1943, (2003), § 71-150;  Laws 2007, LB296, § 304;  Laws 2007, LB463, § 85. Cross References  Administrative Procedure Act, see section 84-920.Annotations The judiciary will not interfere with executive officers in the performance of duties which are discretionary in their nature or involve the exercise of judgment; there exists no power in the courts to act upon the officer so as to interfere with the exercise of that judgment while the matter is properly before the officer for action. Roseberry v. Wright, 2 Neb. App. 248, 508 N.W.2d 867 (1993).
NE Code § 38-186 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-186 - Credential; discipline; petition by Attorney General; hearing; department; powers and duties.

38-186.  Credential; discipline; petition by Attorney General; hearing; department; powers and duties.(1) A petition shall be filed by the Attorney General in order for the director to discipline a credential obtained under the Uniform Credentialing Act to:(a) Practice or represent oneself as being certified under any of the practice acts enumerated in subdivisions (1) through (19) and (21) through (35) of section 38-101; or(b) Operate as a business for the provision of services in body art; cosmetology; emergency medical services; esthetics; funeral directing and embalming; massage therapy; and nail technology in accordance with subsection (3) of section 38-121.(2) The petition shall be filed in the office of the director. The department may withhold a petition for discipline or a final decision from public access for a period of five days from the date of filing the petition or the date the decision is entered or until service is made, whichever is earliest.(3) The proceeding shall be summary in its nature and triable as an equity action and shall be heard by the director or by a hearing officer designated by the director under rules and regulations of the department. Affidavits may be received in evidence in the discretion of the director or hearing officer. The department shall have the power to administer oaths, to subpoena witnesses and compel their attendance, and to issue subpoenas duces tecum and require the production of books, accounts, and documents in the same manner and to the same extent as the district courts of the state. Depositions may be used by either party.Source  Laws 2007, LB463, § 86;  Laws 2012, LB831, § 28;  Laws 2017, LB88, § 34;  Laws 2017, LB255, § 10.
NE Code § 38-187 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-187 - Credential; discipline; petition; form; other pleadings.

38-187.  Credential; discipline; petition; form; other pleadings.The following rules shall govern the form of the petition in cases brought pursuant to section 38-186:(1) The state shall be named as plaintiff and the credential holder as defendant;(2) The charges against the credential holder shall be stated with reasonable definiteness;(3) Amendments may be made as in ordinary actions in the district court; and(4) All allegations shall be deemed denied, but the credential holder may plead thereto if he or she desires.Source   Laws 1927, c. 167, § 51, p. 467;   C.S.1929, § 71-606;   R.S.1943, § 71-152;   Laws 1986, LB 286, § 50;   Laws 1986, LB 579, § 42;   Laws 1994, LB 1210, § 31;   R.S.1943, (2003), § 71-152;  Laws 2007, LB463, § 87. Annotations Under former law, the complaint was sufficient if it informed the accused of the nature of the wrong laid to his charge and of the particular instance of its perpetration. Munk v. Frink, 75 Neb. 172, 106 N.W. 425 (1905).
NE Code § 38-188 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-188 - Credential; discipline; hearing; time; place.

38-188.  Credential; discipline; hearing; time; place.Upon presentation of the petition to the director, he or she shall make an order fixing the time and place for the hearing, which shall not be less than thirty nor more than sixty days thereafter.Source   Laws 1927, c. 167, § 52, p. 468;   C.S.1929, § 71-607;   R.S.1943, § 71-153;   Laws 1986, LB 926, § 27;   Laws 1996, LB 1044, § 383;   R.S.1943, (2003), § 71-153;  Laws 2007, LB296, § 306;  Laws 2007, LB463, § 88.
NE Code § 38-189 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-189 - Credential; discipline; hearing; notice; how served.

38-189.  Credential; discipline; hearing; notice; how served.Notice of the filing of a petition pursuant to section 38-186 and of the time and place of hearing shall be served upon the credential holder at least ten days before the hearing. The notice may be served by any method specified in section 25-505.01, or the director may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01.Source   Laws 1927, c. 167, § 53, p. 468;   C.S.1929, § 71-608;   R.S.1943, § 71-154;   Laws 1986, LB 286, § 51;   Laws 1986, LB 579, § 43;   Laws 1991, LB 456, § 13;   Laws 1994, LB 1210, § 32;   R.S.1943, (2003), § 71-154;  Laws 2007, LB463, § 89.
NE Code § 38-190 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-190 - Petition for disciplinary action; disposition prior to order; methods; Attorney General; duties.

38-190.  Petition for disciplinary action; disposition prior to order; methods; Attorney General; duties.(1) Any petition filed pursuant to section 38-186 may, at any time prior to the entry of any order by the director, be disposed of by stipulation, agreed settlement, consent order, or similar method as agreed to between the parties. A proposed settlement shall be submitted and considered in camera and shall not be a public record unless accepted by the director. The director may review the input provided to the Attorney General by the board pursuant to subsection (2) of this section. If the settlement is acceptable to the director, he or she shall make it the sole basis of any order he or she enters in the matter, and it may be modified or added to by the director only upon the mutual consent of both of the parties thereto. If the settlement is not acceptable to the director, it shall not be admissible in any subsequent hearing and it shall not be considered in any manner as an admission.(2) The Attorney General shall not enter into any agreed settlement or dismiss any petition without first having given notice of the proposed action and an opportunity to the appropriate board to provide input into the terms of the settlement or on dismissal. The board shall have fifteen days from the date of the Attorney General's request to respond, but the recommendation of the board, if any, shall not be binding on the Attorney General. Meetings of the board for such purpose shall be in closed session, and any recommendation by the board to the Attorney General shall not be a public record until the pending action is complete, except that if the director reviews the input provided to the Attorney General by the board as provided in subsection (1) of this section, the credential holder shall also be provided a copy of the input and opportunity to respond in such manner as the director determines.Source   Laws 1976, LB 877, § 8;   Laws 1988, LB 1100, § 22;   Laws 1991, LB 456, § 16;   Laws 1994, LB 1223, § 8;   Laws 1996, LB 1044, § 389;  Laws 1999, LB 828, § 44;   R.S.1943, (2003), § 71-161.03;  Laws 2007, LB296, § 311;  Laws 2007, LB463, § 90.
NE Code § 38-191 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-191 - Credential; disciplinary action; hearing; failure to appear; effect.

38-191.  Credential; disciplinary action; hearing; failure to appear; effect.If a credential holder fails to appear, either in person or by counsel, at the time and place designated in the notice required by section 38-189, the director, after receiving satisfactory evidence of the truth of the charges, shall order the credential revoked or suspended or shall take any or all of the other appropriate disciplinary measures authorized by section 38-196 against the credential.Source   Laws 1927, c. 167, § 55, p. 468;   C.S.1929, § 71-610;   R.S.1943, § 71-156;   Laws 1976, LB 877, § 4;   Laws 1986, LB 286, § 54;   Laws 1986, LB 579, § 46;   Laws 1994, LB 1210, § 34;   Laws 1996, LB 1044, § 385;   R.S.1943, (2003), § 71-156;  Laws 2007, LB296, § 309;  Laws 2007, LB463, § 91.
NE Code § 38-192 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-192 - Credential; disciplinary action; director; sanctions; powers.

38-192.  Credential; disciplinary action; director; sanctions; powers.If the director determines upon completion of a hearing under section 38-186 that a violation has occurred, the director may, at his or her discretion, consult with the appropriate board concerning sanctions to be imposed or terms and conditions of the sanctions. When the director consults with a board, the credential holder and the Attorney General shall be provided with a copy of the director's request, the recommendation of the board, and an opportunity to respond in such manner as the director determines. The director shall have the authority through entry of an order to exercise in his or her discretion any or all of the sanctions authorized under section 38-196.Source Laws 2007, LB463, § 92.
NE Code § 38-193 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-193 - Credential; disciplinary action; partial-birth abortion; director; powers and duties.

38-193.  Credential; disciplinary action; partial-birth abortion; director; powers and duties.If the petition is brought with respect to subdivision (3) of section 38-2021, the director shall make findings as to whether the licensee's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The director shall have the authority through entry of an order to exercise in his or her discretion any or all of the sanctions authorized under section 38-196, irrespective of the petition.Source Laws 2007, LB463, § 93.
NE Code § 38-194 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-194 - Credential; disciplinary action; costs; how taxed.

38-194.  Credential; disciplinary action; costs; how taxed.If the order issued regarding discipline of a credential is adverse to the credential holder, the costs shall be charged to him or her as in ordinary civil actions in the district court, but if the state is the unsuccessful party, the costs shall be paid out of any money in the Professional and Occupational Credentialing Cash Fund available for that purpose. Witness fees and costs may be taxed according to the rules prevailing in the district court.Source   Laws 1927, c. 167, § 56, p. 468;   C.S.1929, § 71-611;   R.S.1943, § 71-157;   Laws 1986, LB 286, § 55;   Laws 1986, LB 579, § 47;   Laws 1994, LB 1210, § 35;   Laws 1996, LB 1044, § 386;   Laws 1997, LB 307, § 118;  Laws 2003, LB 242, § 21;   R.S.1943, (2003), § 71-157;  Laws 2007, LB463, § 94.
NE Code § 38-195 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-195 - Credential; disciplinary action; costs; when not collectible; how paid.

38-195.  Credential; disciplinary action; costs; when not collectible; how paid.All costs accrued at the instance of the state when it is the successful party in a proceeding to discipline a credential, which the Attorney General certifies cannot be collected from the defendant, shall be paid out of any available funds in the Professional and Occupational Credentialing Cash Fund.Source   Laws 1927, c. 167, § 57, p. 468;   C.S.1929, § 71-612;   R.S.1943, § 71-158;   Laws 1996, LB 1044, § 387;   Laws 1997, LB 307, § 119;  Laws 2003, LB 242, § 22;   R.S.1943, (2003), § 71-158;  Laws 2007, LB463, § 95.
NE Code § 38-196 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-196 - Credential; disciplinary action; sanctions authorized.

38-196.  Credential; disciplinary action; sanctions authorized.Upon the completion of any hearing held regarding discipline of a credential, the director may dismiss the action or impose any of the following sanctions:(1) Censure;(2) Probation;(3) Limitation;(4) Civil penalty;(5) Suspension; or(6) Revocation.Source   Laws 1927, c. 167, § 54, p. 468;   C.S.1929, § 71-609;   Laws 1943, c. 150, § 13, p. 544;   R.S.1943, § 71-155;   Laws 1976, LB 877, § 3;   Laws 1984, LB 481, § 20;   Laws 1986, LB 286, § 52;   Laws 1986, LB 579, § 44;   Laws 1986, LB 926, § 28;   Laws 1988, LB 1100, § 20;   Laws 1991, LB 456, § 14;   Laws 1994, LB 1210, § 33;   Laws 1994, LB 1223, § 7;   Laws 1996, LB 1044, § 384;   Laws 1997, LB 23, § 6;  Laws 1999, LB 828, § 43;   R.S.1943, (2003), § 71-155;  Laws 2007, LB296, § 307;  Laws 2007, LB463, § 96. Annotations  While a $10,000 fine imposed under this section may well serve a punitive purpose in certain cases, it will not be assumed in a vacuum that a potential fine not actually imposed could serve only primarily punitive purposes. State v. Wolf, 250 Neb. 352, 549 N.W.2d 183 (1996). The power of courts to review the action of a professional board of examiners in its refusal to recommend reinstatement of a revoked license is not decided, but if such power exists, it is limited to a determination based on whether or not the board's action was arbitrary or capricious. Coil v. Department of Health, 189 Neb. 606, 204 N.W.2d 167 (1973). Summary equity proceeding for revocation of physician's license was sustained. State ex rel. Sorensen v. Lake, 121 Neb. 331, 236 N.W. 762 (1931). Under former law, proceedings before the state board were summary in nature and technical rules for trial were disregarded. Munk v. Frink, 81 Neb. 631, 116 N.W. 525 (1908), 17 L.R.A.N.S. 439 (1908).
NE Code § 38-197 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-197 - Credential; disciplinary action; additional terms and conditions of discipline.

38-197.  Credential; disciplinary action; additional terms and conditions of discipline.If any discipline is imposed pursuant to section 38-196, the director may, in addition to any other terms and conditions of that discipline:(1) Require the credential holder to obtain additional professional training and to pass an examination upon the completion of the training. The examination may be written or oral or both and may be a practical or clinical examination or both or any or all of such combinations of written, oral, practical, and clinical, at the option of the director;(2) Require the credential holder to submit to a complete diagnostic examination by one or more physicians or other qualified professionals appointed by the director. If the director requires the credential holder to submit to such an examination, the director shall receive and consider any other report of a complete diagnostic examination given by one or more physicians or other qualified professionals of the credential holder's choice if the credential holder chooses to make available such a report or reports by his or her physician or physicians or other qualified professionals; and(3) Limit the extent, scope, or type of practice of the credential holder.Source   Laws 1976, LB 877, § 7;   Laws 1986, LB 286, § 56;   Laws 1986, LB 579, § 48;   Laws 1991, LB 456, § 15;   Laws 1994, LB 1210, § 36;   Laws 1996, LB 1044, § 388;   R.S.1943, (2003), § 71-161.02;  Laws 2007, LB296, § 310;  Laws 2007, LB463, § 97.
NE Code § 38-198 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-198 - Civil penalty; manner of collection; attorney's fees and costs; disposition.

38-198.  Civil penalty; manner of collection; attorney's fees and costs; disposition.If a civil penalty is imposed pursuant to section 38-196, it shall not exceed twenty thousand dollars. Any civil penalty assessed and unpaid shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred in the collection of the civil penalty. The department shall, within thirty days from receipt, remit any collected civil penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.Source   Laws 1986, LB 926, § 29;   R.S.1943, (2003), § 71-155.03;  Laws 2007, LB463, § 98.
NE Code § 38-199 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-199 - Credential; disciplinary action; suspension; effect.

38-199.  Credential; disciplinary action; suspension; effect.If suspension is imposed pursuant to section 38-196, the credential holder shall not engage in the practice of a profession during the time for which the credential is suspended. The suspension shall be for a definite period of time to be set by the director. The director may provide that the credential shall be (1) automatically reinstated upon expiration of such period, (2) reinstated if the terms and conditions as set by the director are satisfied, or (3) reinstated subject to probation or limitations or conditions upon the practice of the credential holder.Source Laws 2007, LB463, § 99.
NE Code § 38-1,100 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,100 - Credential; disciplinary action; revocation; effect.

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 be made for reinstatement pursuant to section 38-148.Source Laws 2007, LB463, § 100.
NE Code § 38-1,101 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,101 - Contested cases; chief medical officer; duties.

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 2001, LB 398, § 21;  Laws 2003, LB 245, § 11;   R.S.1943, (2003), § 71-155.01;  Laws 2007, LB296, § 308;  Laws 2007, LB463, § 101.