Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-009 - DISCIPLINARY ACTIONS

Current through June 17, 2024
009.01 Grounds for
				Action Against a Credential
A credential to practice a profession may have disciplinary
				  actions taken against it on any of the following grounds:
1. Misrepresentation of material facts in
				procuring or attempting to procure a credential;
2. Immoral or dishonorable conduct evidencing
				unfitness to practice the profession in this state;
3. Abuse of, dependence on, or active
				addiction to alcohol, any controlled substance, or any mind-altering
				substance;
4. Failure to comply
				with a treatment program or an aftercare program, including, but not limited
				to, a program entered into under the Licensee Assistance Program established
				pursuant to
Neb. Rev. Stat.
§
										38-175;
5. Conviction of:
a. A misdemeanor or felony under Nebraska law
				or federal law, or
b. A crime in
				any jurisdiction which, if committed within this state, would have constituted
				a misdemeanor or felony under Nebraska law and which has a rational connection
				with the fitness or capacity of the applicant or credential holder to practice
				the profession;
6.
				Practice of the profession:
a.
				Fraudulently,
b. Beyond its
				authorized scope,
c. With gross
				incompetence or gross negligence, or
d. In a pattern of incompetent or negligent
				conduct;
7. Practice of
				the profession while the ability to practice is impaired by alcohol, controlled
				substances, drugs, mind-altering substances, physical disability, mental
				disability, or emotional disability;
8. Physical or mental incapacity to practice
				the profession as evidenced by a legal judgment or a determination by other
				lawful means;
9. Illness,
				deterioration, or disability that impairs the ability to practice the
				profession;
10. Permitting, aiding,
				or abetting the practice of a profession or the performance of activities
				requiring a credential by a person not credentialed to do so;
11. Having had his/her credential denied,
				refused renewal, limited, suspended, revoked, or disciplined in any manner
				similar to 178 NAC 10-009.05 by another state or jurisdiction based upon acts
				by the applicant or credential holder similar to acts described in this
				part;
12. Use of untruthful,
				deceptive, or misleading statements in advertisements;
13. Conviction of fraudulent or misleading
				advertising or conviction of a violation of the Uniform Deceptive Trade
				Practices Act;
14. Distribution of
				intoxicating liquors, controlled substances, or drugs for any other than lawful
				purposes;
15. Violations of the
				Uniform Credentialing Act, the Water Well Standards and Contractors' Practice
				Act, or the rules and regulations under either of those acts;
16. Unlawful invasion of the field of
				practice of any profession regulated by the Uniform Credentialing Act which the
				credential holder is not credentialed to practice;
17. Violation of the Uniform Controlled
				Substances Act or any rules and regulations adopted pursuant to the
				act.
18. Failure to file a report
				required by
Neb. Rev. Stat.
§§
										38-1,124
				or
				38-1,125;
19. Failure to maintain the requirements
				necessary to obtain a credential;
20. Violation of an order issued by the
				Department;
21. Violation of an
				assurance of compliance entered into under
Neb. Rev.
				Stat.
§
										38-1,108;
22. Failure to pay an administrative
				penalty;
23. Unprofessional conduct
				as defined in 178 NAC 10-009.02;
24. Permitting, aiding, or abetting the
				practice of the trade or the performance of activities requiring a license by a
				person not licensed to do so;
25.
				Conduct or practices detrimental to the health or safety of persons hiring the
				services of the licensee or of members of the general public;
26. Practice of the trade while the license
				to do so is suspended or practice of the trade in contravention of any
				limitation placed upon the license;
27. Failing to file a properly completed
				notice of abandonment of a water well required by subsection (8) of
Neb. Rev. Stat.
§
										46-602;
				or
28. Failing to file a water well
				registration required by subsection (1), (2), (3), (4), or (5) of
Neb. Rev. Stat.
§
										46-602
				or failing to file a notice required by subsection (7) of
Neb. Rev.
				Stat.
§
										46-602.