2006 Nebraska Revised Statutes - § 46-1240.05 — Violations; administrative order; emergency; hearing.
Section 46-1240.05Violations; administrative order; emergency; hearing.
(1) Whenever the Director of Regulation and Licensure has reason to believe that a violation of any provision of the Water Well Standards and Contractors' Licensing Act or any rule or regulation adopted and promulgated by the department is occurring or has occurred, he or she may cause an administrative order to be served upon the person alleged to be in violation. Such order shall specify the violation and the facts alleged to constitute a violation and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any such order shall become final unless the person named in the order requests in writing a hearing before the director no later than thirty days after the date such order is served. In lieu of such order, the director may require that the person appear before the director at a time and place specified in the notice and answer the charges. The notice shall be served on the person not less than thirty days before the time set for the hearing.
(2) Whenever the director finds that an emergency exists requiring immediate action to protect the public health and welfare concerning a chemical, material, procedure, or act which is determined by the director to be harmful or potentially harmful to human health, the director may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the director deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such order is directed shall comply immediately and, on written application to the director, shall be afforded a hearing as soon as possible and not later than ten days after receipt of such application by such affected person. On the basis of such hearing, the director shall continue such order in effect, revoke it, or modify it.
(3) The director shall afford to the alleged violator an opportunity for a hearing before the department.
Source:
- Laws 1993, LB 131, § 60
Laws 1996, LB 1044, § 272
~Reissue Revised Statutes of Nebraska
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