reglab/housing_qa huggingface dataset:
NE Code § 38-140 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-140 - Report of unauthorized practice or unauthorized operation of business; investigation; cease and desist order; violation; penalty.

38-140.  Report of unauthorized practice or unauthorized operation of business; investigation; cease and desist order; violation; penalty.Every business credentialed under the Uniform Credentialing Act shall report to the department the name of every person without a credential that he or she has reason to believe is engaged in practicing any profession or operating any business for which a credential is required by the Uniform Credentialing Act. The department may, along with other law enforcement agencies, investigate such reports or other complaints of unauthorized practice or unauthorized operation of a business. The director, with the recommendation of the appropriate board, may issue an order to cease and desist the unauthorized practice of such profession or unauthorized operation of such business as a measure to obtain compliance with the applicable credentialing requirements by the person or business prior to referral of the matter to the Attorney General for action. For businesses that do not have a board, the department may issue such cease and desist orders. Practice of such profession or operation of such business without a credential after receiving a cease and desist order is a Class III felony.Source  Laws 2007, LB463, § 40;  Laws 2016, LB859, § 1.
NE Code § 38-141 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-141 - Inspector or investigator; appointment by department.

38-141.  Inspector or investigator; appointment by department.Whenever the department deems it necessary to appoint an inspector or investigator to assist it in performing its duty, the department may appoint a person who holds an active credential in the appropriate profession or any other qualified person who has been trained in investigational procedures and techniques to serve as such inspector or investigator.Source   Laws 1953, c. 247, § 3, p. 850;   Laws 1979, LB 427, § 13;   Laws 1996, LB 1108, § 6;  Laws 1999, LB 828, § 30;   R.S.1943, (2003), § 71-124.01;  Laws 2007, LB463, § 41.
NE Code § 38-143 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-143 - Credential to engage in business; renewal; procedure; notice of expiration.

38-143.  Credential to engage in business; renewal; procedure; notice of expiration.(1) The credential to engage in a business shall be renewed biennially upon request of the credentialed business and completion of the renewal requirements. The renewals provided for in this section shall be accomplished in such manner and on such date as the department, with the recommendation of the appropriate board, may establish. The request for renewal shall include all information required by the department and shall be accompanied by the renewal fee. Such fee shall be paid not later than the date of the expiration of such credential.(2) At least thirty days before the expiration of a credential, the department shall notify each credentialed business at its last address of record. If a credentialed business fails to meet the renewal requirements on or before the date of expiration of the credential, the credential shall expire. When a credential expires, the right to operate the business shall terminate. A business which fails to renew its credential by the expiration date shall apply for and obtain another credential prior to operating the business.Source  Laws 2003, LB 242, § 15;  Laws 2004, LB 906, § 1;  Laws 2004, LB 1005, § 9;   R.S.Supp.,2006, § 71-110.01;  Laws 2007, LB463, § 43.
NE Code § 38-144 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-144 - Credential; failure to pay fees; failure to meet continuing competency requirement; effect.

38-144.  Credential; failure to pay fees; failure to meet continuing competency requirement; effect.(1) The credential of any person who fails, by the expiration date of such credential, to pay the required renewal fee or to submit documentation of continuing competency shall automatically expire without further notice or hearing.(2) The department shall refuse to renew after notice and opportunity for hearing, the credential of any person who fails, by the expiration date of such credential, to meet the applicable continuing competency requirement for renewal.(3) Subsections (1) and (2) of this section shall not apply when the credential holder has given notification to the department that he or she desires to have his or her credential expire or be placed on inactive status upon expiration.Source   Laws 1927, c. 167, § 48, p. 467;   C.S.1929, § 71-603;   Laws 1943, c. 150, § 12, p. 543;   R.S.1943, § 71-149;   Laws 1976, LB 877, § 2;   Laws 1984, LB 481, § 19;   Laws 1986, LB 286, § 47;   Laws 1986, LB 579, § 39;   Laws 1987, LB 473, § 17;   Laws 1988, LB 1100, § 18;   Laws 1994, LB 1210, § 28;  Laws 2002, LB 1021, § 10;  Laws 2003, LB 242, § 20;   R.S.1943, (2003), § 71-149;  Laws 2007, LB463, § 44.
NE Code § 38-146 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-146 - Continuing competency requirements; compliance; waiver; audits.

38-146.  Continuing competency requirements; compliance; waiver; audits.(1) Each person holding an active credential within the state shall, on or before the date of expiration of his or her credential, comply with continuing competency requirements for his or her profession. Except as otherwise provided in this section, the department shall not renew the credential of any person who has not complied with such requirements.(2) The department may waive continuing competency requirements, in whole or in part, upon submission by a credential holder of documentation that circumstances beyond his or her control have prevented completion of such requirements. Such circumstances shall include, but not be limited to:(a) The credential holder has served in the regular armed forces of the United States during part of the credentialing period immediately preceding the renewal date;(b) The credential holder was first credentialed within the credentialing period immediately preceding the renewal date; or(c) Other circumstances prescribed by rules and regulations adopted and promulgated under the appropriate practice act.(3) Each credential holder shall be responsible for maintaining certificates or records of continuing competency activities.The department or appropriate board may biennially select, in a random manner, a sample of the renewal applications for audit of continuing competency requirements. Each credential holder selected for audit shall be required to produce documentation of the continuing competency activities. The credential of any person who fails to comply with the conditions of the audit shall expire thirty days after notice and an opportunity for a hearing.Source   Laws 1976, LB 877, § 15;   Laws 1985, LB 250, § 5;   Laws 1986, LB 286, § 63;   Laws 1986, LB 579, § 55;   Laws 1986, LB 926, § 34;   Laws 1994, LB 1210, § 42;   Laws 1997, LB 307, § 120;  Laws 1999, LB 828, § 48;  Laws 2001, LB 209, § 3;  Laws 2002, LB 1021, § 13;   R.S.1943, (2003), § 71-161.10;  Laws 2007, LB463, § 46.
NE Code § 38-147 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-147 - Credential; reinstatement; application; department; powers.

38-147.  Credential; reinstatement; application; department; powers.(1) Any person who desires to reinstate a credential after the date of expiration or from inactive to active status shall apply to the department for reinstatement. The credential may be reinstated upon the receipt of evidence of meeting the renewal requirements, or the requirements specified under the practice act for the appropriate profession, which are in effect at the time the credential holder applies to regain active status and payment of reinstatement and renewal fees if applicable.(2) The department, with the recommendation of the appropriate board, may deny an application for reinstatement or may issue the credential subject to any of the terms of section 38-196 if the applicant has committed any of the acts set out in section 38-178.(3) A credential holder who elected to have his or her credential placed on lapsed status prior to December 1, 2008, may have the credential reinstated in accordance with this section.Source Laws 2007, LB463, § 47.
NE Code § 38-148 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-148 - Credential; suspended, revoked, or other limitations; apply for reinstatement; when.

38-148.  Credential; suspended, revoked, or other limitations; apply for reinstatement; when.(1) A person whose credential has been suspended or has had limitations placed thereon for any reason specified in sections 38-178 and 38-179 may apply for reinstatement of the credential at any time. The application shall include such information as may be required by the department.(2) A person whose credential has been revoked for any reason specified in such sections may apply for reinstatement of the credential after a period of two years has elapsed from the date of revocation. The application shall include such information as may be required by the department.Source   Laws 1976, LB 877, § 9;   Laws 1986, LB 286, § 57;   Laws 1986, LB 579, § 49;   Laws 1986, LB 926, § 32;   Laws 1988, LB 1100, § 23;   Laws 1994, LB 1210, § 37;  Laws 1999, LB 828, § 45;   R.S.1943, (2003), § 71-161.04;  Laws 2007, LB463, § 48.
NE Code § 38-150 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-150 - Application for reinstatement of credential for profession without board; department; procedure; hearing; when allowed; appeal.

38-150.  Application for reinstatement of credential for profession without board; department; procedure; hearing; when allowed; appeal.(1) Upon receipt of an application for reinstatement of a credential in a profession that does not have a board, the application shall be considered by the department.(2) The department may:(a) Conduct an investigation to determine if the applicant has committed acts or offenses prohibited by section 38-178;(b) Require the applicant to submit to a complete diagnostic examination by one or more physicians or other qualified professionals appointed by the department, the applicant being free also to consult a physician or physicians or other professionals of his or her own choice for an evaluation or diagnostic examination and to make available a report or reports thereof to the department;(c) Require the applicant to pass a written, oral, or practical examination or any combination of such examinations;(d) Require the applicant to successfully complete additional education;(e) Require the applicant, if a business, to successfully complete an inspection; or(f) Take any combination of the actions in this subsection.(3) On the basis of material submitted by the applicant, the results of any inspection or investigation by the department, and the completion of any requirements imposed under subsection (2) of this section, the department shall (a) deny the application for reinstatement, (b) grant the application for reinstatement, (c) modify the probation, suspension, or limitation, or (d) reinstate the credential subject to limitations or subject to probation with terms and conditions.(4) The decision of the department shall become final thirty days after mailing the decision to the applicant unless the applicant requests a hearing within such thirty-day period. If the applicant requests a hearing, the department shall mail notice of the date, time, and location of the hearing to the applicant at least thirty days prior to the hearing. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Any party to the decision shall have a right to appeal. Such appeal shall be in accordance with the Administrative Procedure Act.(5) If the applicant has been afforded a hearing or an opportunity for a hearing on an application for reinstatement within two years prior to filing the current application, the department may grant or deny such application without another hearing.Source Laws 2007, LB463, § 50. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 38-152 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-152 - Base costs of credentialing.

38-152.  Base costs of credentialing.Base costs of credentialing are the costs that are common to all professions and businesses listed in section 38-121 and include the following:(1) Salaries and benefits for employees of the department who work with credentialing activities;(2) Shared operating costs for credentialing activities that are not specific to a particular profession or business such as indirect costs, rent, and utilities;(3) Costs related to compliance assurance, including investigative costs, contested case costs, and compliance monitoring;(4) Costs of the Licensee Assistance Program under section 38-175;(5) Capital costs, including office equipment and computer hardware or software, which are not specific to a particular profession or business; and(6) Other reasonable and necessary costs as determined by the department.Source  Laws 2003, LB 242, § 24;   R.S.1943, (2003) § 71-162.01;  Laws 2007, LB463, § 52.
NE Code § 38-153 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-153 - Variable costs of credentialing.

38-153.  Variable costs of credentialing.Variable costs of credentialing are the costs that are unique to a specific profession or business listed in section 38-121 and include the following:(1) Per diems which are paid to members of the appropriate board;(2) Operating costs that are specific to a particular profession or business, including publications, conference registrations, and subscriptions;(3) Costs for travel by members of the appropriate board and employees of the department related to a particular profession or business, including car rental, gas, and mileage charges but not salaries;(4) Costs to operate and administer the Nebraska Center for Nursing, which costs shall be derived from credentialing fees of registered and practical nurses in accordance with section 71-1798.01; and(5) Other reasonable and necessary costs as determined by the appropriate board or the department.Source  Laws 2003, LB 242, § 25;  Laws 2005, LB 243, § 1;   R.S.1943, (2003), § 71-162.02;  Laws 2007, LB463, § 53.
NE Code § 38-154 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-154 - Adjustments to the cost of credentialing.

38-154.  Adjustments to the cost of credentialing.Adjustments to the cost of credentialing include, but are not limited to:(1) Revenue from sources that include, but are not limited to:(a) Interest earned on the Professional and Occupational Credentialing Cash Fund, if any;(b) Certification and verification of credentials;(c) Administrative fees;(d) Reinstatement fees;(e) General Funds and federal funds;(f) Fees for miscellaneous services, such as production of photocopies, lists, labels, and diskettes;(g) Gifts; and(h) Grants;(2) Transfers to other funds for costs related to the Nebraska Regulation of Health Professions Act and section 38-128; and(3) Costs associated with subsection (3) of section 38-155.Source  Laws 2003, LB 242, § 26;   R.S.1943, (2003), § 71-162.03;  Laws 2007, LB463, § 54;  Laws 2019, LB112, § 9.  Cross References  Nebraska Regulation of Health Professions Act, see section 71-6201.
NE Code § 38-155 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-155 - Credentialing fees; establishment and collection.

38-155.  Credentialing fees; establishment and collection.(1) Subject to subsection (3) of this section, the department, with the recommendation of the appropriate board if applicable, shall adopt and promulgate rules and regulations to establish and collect the fees for the following credentials:(a) Initial credentials, which include, but are not limited to:(i) Licensure, certification, or registration;(ii) Add-on or specialty credentials;(iii) Temporary, provisional, or training credentials; and(iv) Supervisory or collaborative relationship credentials;(b) Applications to renew licenses, certifications, and registrations;(c) Approval of continuing education courses and other methods of continuing competency; and(d) Inspections and reinspections.(2) When a credential will expire within one hundred eighty days after its initial issuance date or its reinstatement date and the initial credentialing or renewal fee is twenty-five dollars or more, the department shall collect twenty-five dollars or one-fourth of the initial credentialing or renewal fee, whichever is greater, for the initial or reinstated credential. The initial or reinstated credential shall be valid until the next subsequent renewal date.(3) All fees for initial credentials under the Uniform Credentialing Act for low-income individuals, military families, and young workers shall be waived except the actual cost of the fingerprinting and criminal background check for an initial license under section 38-131.Source  Laws 2003, LB 242, § 27;   R.S.1943, (2003), § 71-162.04;  Laws 2007, LB463, § 55;  Laws 2012, LB773, § 1;  Laws 2019, LB112, § 10;  Laws 2021, LB148, § 45.   Operative Date: July 1, 2021
NE Code § 38-156 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-156 - Administrative and other fees; amount.

38-156.  Administrative and other fees; amount.(1) The department shall retain a twenty-five-dollar administrative fee from each credentialing fee established under section 38-155 for a denied credential or a withdrawn application, except that (a) if the credentialing fee is less than twenty-five dollars, the fee shall be forfeited and (b) an examination fee shall not be returned.(2) The department shall collect fees for services as follows:(a) Ten dollars for a duplicate original or reissued credential;(b) Twenty-five dollars for certification of a credential pursuant to section 38-125;(c) Five dollars for verification of a credential pursuant to section 38-125; and(d) A reinstatement fee of thirty-five dollars in addition to the renewal fee to reinstate an expired or inactive credential for professions specified in section 38-121.Source  Laws 2003, LB 242, § 28;   R.S.1943, (2003), § 71-162.05;  Laws 2007, LB463, § 56.
NE Code § 38-157 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-157 - Professional and Occupational Credentialing Cash Fund; created; use; investment.

38-157.  Professional and Occupational Credentialing Cash Fund; created; use; investment.(1) The Professional and Occupational Credentialing Cash Fund is created. Except as provided in section 71-17,113, the fund shall consist of all fees, gifts, grants, and other money, excluding fines and civil penalties, received or collected by the department under sections 38-151 to 38-156 and the Nebraska Regulation of Health Professions Act.(2) The department shall use the fund for the administration and enforcement of such laws regulating the individuals and businesses listed in section 38-121. Transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Treasurer shall transfer any money in the Professional and Occupational Credentialing Cash Fund for licensing activities under the Water Well Standards and Contractors' Practice Act on July 1, 2021, to the Water Well Standards and Contractors' Licensing Fund.(3) Any money in the Professional and Occupational Credentialing Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1927, c. 167, § 62, p. 471;   C.S.1929, § 71-702;   R.S.1943, § 71-163;   Laws 1986, LB 926, § 37;   Laws 1988, LB 1100, § 27;   Laws 1994, LB 1210, § 47;  Laws 2003, LB 242, § 30;  Laws 2005, LB 146, § 10;   R.S.Supp.,2006, § 71-163;  Laws 2007, LB463, § 57;  Laws 2009, First Spec. Sess., LB3, § 19;  Laws 2012, LB834, § 2;  Laws 2021, LB148, § 46.   Operative Date: July 1, 2021  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska Regulation of Health Professions Act, see section 71-6201.  Nebraska State Funds Investment Act, see section 72-1260.  Water Well Standards and Contractors' Practice Act, see section 46-1201.
NE Code § 38-158 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-158 - Boards; appointment; vacancy.

38-158.  Boards; appointment; vacancy.(1) The State Board of Health shall appoint members to the boards designated in section 38-167 except the Board of Emergency Medical Services.(2) Any vacancy in the membership of a board caused by death, resignation, removal, or otherwise shall be filled for the unexpired term in the same manner as original appointments are made.Source   Laws 1927, c. 167, § 11, p. 457;   C.S.1929, § 71-301;   R.S.1943, § 71-111;   Laws 1979, LB 427, § 4;   Laws 1981, LB 451, § 2;   Laws 1986, LB 286, § 31;   Laws 1986, LB 579, § 23;   Laws 1987, LB 473, § 6;   Laws 1989, LB 342, § 7;   Laws 1994, LB 1210, § 17;  Laws 1999, LB 828, § 13;  Laws 2001, LB 270, § 4;  Laws 2002, LB 1021, § 6;   R.S.1943, (2003), § 71-111;  Laws 2007, LB463, § 58;  Laws 2021, LB148, § 47.   Operative Date: July 1, 2021
NE Code § 38-159 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-159 - Board; application; professional member; state association or society recommendation.

38-159.  Board; application; professional member; state association or society recommendation.(1) Any person who desires to be considered for an appointment to a board appointed by the State Board of Health and who possesses the necessary qualifications for such appointment may apply in a manner specified by the State Board of Health. The State Board of Health shall consider such applications and may appoint any qualified person so applying to the appropriate board.(2) A state association or society, or its managing board, for each profession may submit to the State Board of Health a list of persons of recognized ability in such profession who have the qualifications prescribed for professional members of the board for that particular profession. If such a list is submitted, the State Board of Health shall consider the names on such list and may appoint one of the persons so named.Source   Laws 1927, c. 167, § 17, p. 458;   C.S.1929, § 71-307;   Laws 1939, c. 91, § 3, p. 394;   C.S.Supp.,1941, § 71-307;   R.S.1943, § 71-117;   Laws 1979, LB 427, § 8;   Laws 1992, LB 860, § 1;  Laws 1999, LB 828, § 21;   R.S.1943, (2003), § 71-117;  Laws 2007, LB463, § 59.