Nebraska Statutes 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.
Terms Used In Nebraska Statutes 38-1,116
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Business: means a person engaged in providing services listed in subsection (3) of section 38-121. See Nebraska Statutes 38-109
- Credential: means a license, certificate, or registration. See Nebraska Statutes 38-113
- Department: means the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 38-114
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Profession: means any profession or occupation named in subsection (1) or (2) of section 38-121. See Nebraska Statutes 38-119
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(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.