2006 Nebraska Revised Statutes - § 71-150 — License, certificate, or registration; director; jurisdiction; denial; refuse renewal; discipline; procedure.

Section 71-150
License, certificate, or registration; director; jurisdiction; denial; refuse renewal; discipline; procedure.

(1) The Director of Regulation and Licensure shall have jurisdiction of proceedings (a) to deny the issuance of a license, certificate, or registration, (b) to refuse renewal of a license, certificate, or registration, and (c) to discipline a licensee, certificate holder, or registrant.

(2) To deny or refuse renewal of a license, certificate, or registration, the department shall send the applicant, licensee, certificate holder, or registrant, by registered or certified mail, notice setting forth the action taken and the reasons for the determination. The denial or refusal to renew shall become final thirty days after mailing the notice unless the applicant, licensee, certificate holder, or registrant, within such thirty-day period, gives written notice of his or her desire for a hearing. The hearing shall be conducted in accordance with the Administrative Procedure Act.

(3) In order for the director to discipline a licensee, certificate holder, or registrant, a petition shall be filed by the Attorney General in all cases. The petition shall be filed in the office of the director. The department may withhold a petition for discipline or a final decision from public access for a period of five days from the date of filing the petition or the date the decision is entered or until service is made, whichever is earliest.

Source:

Laws 1927, c. 167, § 49, p. 467

C.S.1929, § 71-604

R.S.1943, § 71-150

Laws 1986, LB 286, § 48

Laws 1986, LB 579, § 40

Laws 1988, LB 1100, § 19

Laws 1991, LB 456, § 12

Laws 1994, LB 1210, § 29

Laws 1996, LB 1044, § 382

Cross References:

Administrative Procedure Act,see section 84-920.

Annotations:

The judiciary will not interfere with executive officers in the performance of duties which are discretionary in their nature or involve the exercise of judgment; there exists no power in the courts to act upon the officer so as to interfere with the exercise of that judgment while the matter is properly before the officer for action. Roseberry v. Wright, 2 Neb. App. 248, 508 N.W.2d 867 (1993).

~Reissue Revised Statutes of Nebraska