Nebraska Statutes 84-937. Least restrictive regulation, defined
Least restrictive regulation means one of the following types of regulation, listed from least restrictive to most restrictive, consistent with the health, safety, and welfare of the public:
Terms Used In Nebraska Statutes 84-937
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Government certification: means a nontransferable recognition granted to an individual by an occupational board through a voluntary program in which the individual meets personal qualifications established by the Legislature. See Nebraska Statutes 84-935
- Least restrictive regulation: means one of the following types of regulation, listed from least restrictive to most restrictive, consistent with the health, safety, and welfare of the public:
(1) Market competition. See Nebraska Statutes 84-937
- Occupational license: means a nontransferable authorization in law (1) for an individual to perform exclusively a lawful occupation for compensation based on meeting personal qualifications established by the Legislature and (2) which is required in order to legally perform the lawful occupation for compensation. See Nebraska Statutes 84-939
- Private certification: means a nontransferable recognition granted to an individual by a private organization through a voluntary program in which the individual meets personal qualifications established by the private organization. See Nebraska Statutes 84-942
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Registration: means a nontransferable registration granted to an individual under which (a) the individual is required to give notice to the government that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides, (b) upon receipt of the notice by the government, the individual may use the term registered as a designated title to engage in a lawful occupation, and (c) such notice is required to engage in the lawful occupation for compensation and is required in order to use the term registered as a designated title to engage in the lawful occupation. See Nebraska Statutes 84-944
(1) Market competition;
(2) Third-party or consumer-created ratings and reviews;
(3) Private certification;
(4) Specific private civil cause of action to remedy consumer harm;
(5) Deceptive trade practices under the Uniform Deceptive Trade Practices Act;
(6) Mandatory disclosure of attributes of the specific goods or services;
(7) Regulation of the process of providing the specific goods or services to consumers;
(8) Inspection;
(9) Bonding or insurance;
(10) Registration;
(11) Government certification; and
(12) Occupational license.