Nebraska Statutes 71-1367. Deny or refuse to renew license; disciplinary action; grounds
The department may deny or refuse to renew a license under the Cremation of Human Remains Act or take disciplinary action against a crematory authority licensed under the act as provided in section 71-1368 on any of the following grounds:
Terms Used In Nebraska Statutes 71-1367
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(1) Violation of the Cremation of Human Remains Act or rules and regulations adopted and promulgated under the act;
(2) Conviction of any crime involving moral turpitude;
(3) Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony and which has a rational connection with the fitness or capacity of the crematory authority to operate a crematory;
(4) Conviction of a violation pursuant to section 71-1371 ;
(5) Obtaining a license as a crematory authority by false representation or fraud;
(6) Misrepresentation or fraud in the operation of a crematory; or
(7) Failure to allow access by an agent or employee of the Department of Health and Human Services to a crematory operated by the crematory authority for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of such department.