reglab/housing_qa huggingface dataset:
NE Code § 38-1,102 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,102 - Appeal; procedure.

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 upon the court calendar except worker's compensation and criminal cases.Source   Laws 1927, c. 167, § 58, p. 469;   C.S.1929, § 71-613;   Laws 1943, c. 150, § 14, p. 544;   R.S.1943, § 71-159;   Laws 1976, LB 877, § 5;   Laws 1988, LB 352, § 113;   R.S.1943, (2003), § 71-159;  Laws 2007, LB463, § 102. Cross References  Administrative Procedure Act, see section 84-920.Annotations 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).
NE Code § 38-1,103 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,103 - Consultant to department from board; authorized.

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 or to proceed with an investigation. A board may also recommend or confer with a consultant member of its profession to assist the board or department on issues of professional practice.Source Laws 2007, LB463, § 103.
NE Code § 38-1,104 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,104 - Complaint; decision not to investigate; notice; review; notice to credential holder; when.

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 whether the complaint merits investigation.(2) The department shall notify the credential holder that a complaint has been filed and that an investigation will be conducted except when the department determines that such notice may prejudice an investigation.Source Laws 2007, LB463, § 104.
NE Code § 38-1,105 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,105 - Investigations; department; progress reports to appropriate board; board review; board; powers and duties; review by Attorney General; meetings in closed session.

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 department determines that an investigation is complete, the department shall consult with the board to obtain its recommendation for submission to the Attorney General. In making a recommendation, the board may review all investigative reports and have full access to the investigational file of the department and any previous investigational information in the files of the department on the credential holder that may be relevant to the investigation, except that (a) reports or other documents of any law enforcement agency provided to the department shall not be available for board review except to the extent such law enforcement agency gives permission for release to the board and (b) reports provided by any other agency or public or private entity, which reports are confidential in that agency's or entity's possession and are provided with the express expectation that the report will not be disclosed, may be withheld from board review.(3) The recommendation of the board shall be made part of the completed investigational report of the department and submitted to the Attorney General. The recommendation of the board shall include, but not be limited to:(a) The specific violations of any statute, rule, or regulation that the board finds substantiated based upon the investigation;(b) Matters which the board believes require additional investigation; and(c) The disposition or possible dispositions that the board believes appropriate under the circumstances.(4) If the department and the board disagree on the basis for investigation or if the board recommends additional investigation and the department and board disagree on the necessity of additional investigation, the matter shall be forwarded to the Attorney General for review and determination.(5) All meetings of the boards or between a board and staff of the department or the Attorney General on investigatory matters shall be held in closed session, including the voting of the board on any matter pertaining to the investigation or recommendation.Source Laws 2007, LB463, § 105.
NE Code § 38-1,106 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,106 - Reports, complaints, and records not public records; limitations on use; prohibited disclosure; penalty; application material; how treated; confidentiality.

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 proceeding of any kind or character except a contested case before the department. Such reports, complaints, or records shall be a public record if made part of the record of a contested case before the department. No person, including, but not limited to, department employees and members of a board, having access to such reports, complaints, or investigational records shall disclose such information in violation of this section, except that the department may exchange such information with law enforcement and other state licensing agencies as necessary and appropriate in the discharge of the department's duties and only under circumstances to ensure against unauthorized access to such information. Violation of this subsection is a Class I misdemeanor.(2) Investigational records, reports, and files pertaining to an application for a credential shall not be a public record until action is taken to grant or deny the application and may be withheld from disclosure thereafter under section 84-712.05.(3) The identity of any person making a report, providing information leading to the making of a report, or otherwise providing information to the department, a board, or the Attorney General included in such reports, complaints, or investigational records shall be confidential whether or not the record of the investigation becomes a public record.Source  Laws 2007, LB463, § 106;  Laws 2016, LB750, § 4.  Annotations The evidentiary privilege under this section belongs to the Department of Health and Human Services, not the credential holder, and is limited to protecting the department's incident reports, complaints, and investigatory records when they are not included in a contested hearing. It does not preclude discovery of information available independent of the department's investigation. Stetson v. Silverman, 278 Neb. 389, 770 N.W.2d 632 (2009).
NE Code § 38-1,107 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,107 - Violations; department; Attorney General; powers and duties; applicability of section.

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 and regulations by a credential holder. The Attorney General shall then determine which, if any, statutes, rules, or regulations the credential holder has violated and the appropriate legal action to take. The Attorney General may (a) elect to file a petition under section 38-186 or not to file a petition, (b) negotiate a voluntary surrender or voluntary limitation pursuant to section 38-1,109, or (c) in cases involving a minor or insubstantial violation, refer the matter to the appropriate board for the opportunity to resolve the matter by recommending to the Attorney General that he or she enter into an assurance of compliance with the credential holder in lieu of filing a petition. An assurance of compliance shall not constitute discipline against a credential holder.(2) This section does not apply to the following professions or 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.Source   Laws 1984, LB 481, § 2;   Laws 1986, LB 286, § 76;   Laws 1986, LB 579, § 68;   Laws 1991, LB 456, § 25;   Laws 1994, LB 1210, § 52;  Laws 1999, LB 828, § 58;   R.S.1943, (2003), § 71-171.01;  Laws 2007, LB463, § 107;  Laws 2021, LB148, § 50.   Operative Date: July 1, 2021
NE Code § 38-1,108 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,108 - Referral to board; assurance of compliance; recommendation.

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 voluntary agreement, an assurance of compliance. The assurance shall include a statement of the statute, rule, or regulation in question, a description of the conduct that would violate such statute, rule, or regulation, the assurance of the credential holder that he or she will not engage in such conduct, and acknowledgment by the credential holder that violation of the assurance constitutes unprofessional conduct. Such assurance shall be signed by the credential holder and shall become a part of the public record of the credential holder. The credential holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission; or(2) Recommend that the Attorney General file a petition under section 38-186.Source   Laws 1991, LB 456, § 26;   Laws 1994, LB 1210, § 53;   Laws 1997, LB 23, § 7;  Laws 1999, LB 828, § 59;   R.S.1943, (2003), § 71-171.02;  Laws 2007, LB463, § 108.
NE Code § 38-1,111 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,111 - Credential; disciplinary action because of physical or mental disability; duration; when issued, returned, or reinstated; manner.

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 renewal, limitation, or suspension no longer exists and the appropriate board finds, upon competent examination or evaluation by a qualified physician or other qualified professional selected or approved by the department, that the applicant or credential holder is qualified to engage in the practice of the profession. The cost of the examination or evaluation shall be paid by the applicant or credential holder.(2) Upon such finding the director, notwithstanding the provision of any other statute, shall issue, return, or reinstate such credential or remove any limitation on such credential if the applicant or credential holder is otherwise qualified as determined by the appropriate board to practice or to continue in the practice of the profession.Source   Laws 1976, LB 877, § 19;   Laws 1986, LB 286, § 66;   Laws 1986, LB 579, § 58;   Laws 1994, LB 1210, § 43;   Laws 1996, LB 1044, § 394;  Laws 1999, LB 828, § 50;   R.S.1943, (2003), § 71-161.14;  Laws 2007, LB296, § 316;  Laws 2007, LB463, § 111.
NE Code § 38-1,112 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,112 - Refusal to submit to physical or mental examination or chemical dependency evaluation; effect.

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 or to continue in the practice of the profession for which application was made or for which he or she is credentialed by the department shall be just cause for denial of the application or for refusal of renewal or suspension of his or her credential automatically by the director until such examination or evaluation has been made.Source   Laws 1976, LB 877, § 20;   Laws 1986, LB 286, § 67;   Laws 1986, LB 579, § 59;   Laws 1994, LB 1210, § 44;   Laws 1996, LB 1044, § 395;  Laws 1999, LB 828, § 51;   R.S.1943, (2003), § 71-161.15;  Laws 2007, LB463, § 112.
NE Code § 38-1,113 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,113 - Disciplinary action involving dependence or disability; appeal.

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 substance that impairs the ability to practice the profession or illness, deterioration, or disability that impairs the ability to practice the profession. Such hearing shall be conducted in accordance with the Administrative Procedure Act. The denial, refusal of renewal, limitation, suspension, or revocation of a credential as provided in section 38-1,110 shall continue in effect until reversed on appeal unless otherwise disposed of pursuant to section 38-1,111.Source   Laws 1976, LB 877, § 21;   Laws 1986, LB 286, § 68;   Laws 1986, LB 579, § 60;   Laws 1988, LB 352, § 115;   Laws 1991, LB 456, § 21;   Laws 1996, LB 1044, § 396;  Laws 2001, LB 398, § 24;   R.S.1943, (2003), § 71-161.16;  Laws 2007, LB296, § 317;  Laws 2007, LB463, § 113. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 38-1,114 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,114 - Practicing profession or business without credential; injunction.

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 1994, LB 1210, § 48;   R.S.1943, (2003), § 71-164;  Laws 2007, LB463, § 114. Annotations  A person engaging in the practice of medicine and surgery without the required statutory license may be restrained by injunction. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941). Under former statute, an injunction would not lie to prevent an unlicensed chiropractor from practicing, as a criminal action was deemed to afford an adequate remedy at law. State v. Maltby, 108 Neb. 578, 188 N.W. 175 (1922).
NE Code § 38-1,115 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,115 - Prima facie evidence of practice without being credentialed; conditions.

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 practice;(3) Billing or payment records document the provision of service, care, or treatment by the person;(4) Service, care, or treatment records document the provision of service, care, or treatment by the person;(5) Appointment records indicate that the person was engaged in practice;(6) Government records indicate that the person was engaged in practice; and(7) The person opens a business or practice site and announces or advertises that the business or site is open to provide service, care, or treatment.Source  Laws 2007, LB463, § 115;  Laws 2021, LB148, § 51.   Operative Date: July 1, 2021
NE Code § 38-1,116 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,116 - Practicing without credential; operating business without credential; administrative penalty; procedure; disposition; attorney's fees and costs.

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 business. The total penalty shall not exceed one thousand dollars.(2) When the department assesses an administrative penalty, the department shall provide written notice of the assessment to the person. The notice shall be delivered in the manner prescribed by the department and shall include notice of the opportunity for a hearing.(3) The department shall, within thirty days after receipt, remit an administrative penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska. An administrative penalty assessed and unpaid under this section 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 directly in the collection of the administrative penalty.Source  Laws 2003, LB 242, § 29;   R.S.1943, (2003), § 71-164.01;  Laws 2007, LB463, § 116.
NE Code § 38-1,117 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,117 - False impersonation; fraud; aiding and abetting; use of false documents; penalty.

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 the department, (3) falsely holds himself or herself out to be a person credentialed by the department, (4) aids and abets another who is not credentialed to practice a profession that requires a credential, or (5) files or attempts to file with the department any false or forged diploma, certificate, or affidavit of identification or qualification shall be guilty of a Class IV felony.Source   Laws 1927, c. 167, § 65, p. 471;   C.S.1929, § 71-803;   R.S.1943, § 71-166;   Laws 1977, LB 39, § 141;   Laws 1986, LB 286, § 73;   Laws 1986, LB 579, § 65;   Laws 1986, LB 926, § 38;   Laws 1994, LB 1210, § 49;   R.S.1943, (2003), § 71-166;  Laws 2007, LB463, § 117.
NE Code § 38-1,118 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,118 - General violations; penalty; second offenses; penalty.

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 penalty is not expressly imposed, shall be guilty of a Class II misdemeanor.Source   Laws 1927, c. 167, § 66, p. 471;   C.S.1929, § 71-804;   R.S.1943, § 71-167;   Laws 1977, LB 39, § 142;   R.S.1943, (2003), § 71-167;  Laws 2007, LB463, § 118. Annotations Each treatment on different days constitutes a separate offense. Harvey v. State, 96 Neb. 786, 148 N.W. 924 (1914).
NE Code § 38-1,119 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,119 - Certain professions and businesses; sections applicable; initial credential; renewal of credential; denial or refusal to renew; department; powers.

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) If an applicant for an initial credential to practice a profession or operate a business does not meet all of the requirements for the credential, the department shall deny issuance of the credential. If an applicant for an initial credential or a credential holder applying for renewal of the credential has committed any of the acts set out in section 38-178 or 38-182, as applicable, the department may deny issuance or refuse renewal of the credential or may issue or renew the credential subject to any of the terms imposed under section 38-196 in order to protect the public.Source  Laws 2007, LB463, § 119;  Laws 2021, LB148, § 52.   Operative Date: July 1, 2021