2006 Nebraska Revised Statutes - § 71-155 — Credential; disciplinary action; proceedings; hearing; how conducted; Director of Regulation and Licensure; powers; order; effect.

Section 71-155
Credential; disciplinary action; proceedings; hearing; how conducted; Director of Regulation and Licensure; powers; order; effect.

(1) The proceeding under section 71-150 shall be summary in its nature and triable as an equity action and shall be heard by the Director of Regulation and Licensure or by a hearing officer designated by the director under rules and regulations of the department. Affidavits may be received in evidence in the discretion of the director or hearing officer. The department shall have the power to administer oaths, to subpoena witnesses and compel their attendance, and to issue subpoenas duces tecum and require the production of books, accounts, and documents in the same manner and to the same extent as the district courts of the state. Depositions may be used by either party. Upon the completion of any hearing held under this section, the director shall, if the petition is brought with respect to subdivision (15) of section 71-148, make findings as to whether the licensee's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, and shall have the authority through entry of an order to exercise in his or her discretion any or all of the following powers, irrespective of the petition:

(a) Issue a censure against the credentialed person;

(b) Place the credentialed person on probation;

(c) Place a limitation or limitations on the credential and upon the right of the credentialed person to practice the profession to such extent, scope, or type of practice, for such time, and under such conditions as are found necessary and proper;

(d) Impose a civil penalty not to exceed twenty thousand dollars. The amount of the penalty shall be based on the severity of the violation;

(e) Enter an order of suspension of the credential;

(f) Enter an order of revocation of the credential; and

(g) Dismiss the action.

(2) If the director determines that guilt has been established, the director may, at his or her discretion, consult with the professional board for the profession involved concerning sanctions to be imposed or terms and conditions of the sanctions. When the director consults with a professional board, the credentialed person shall be provided with a copy of the director's request, the recommendation of the board, and an opportunity to respond in such manner as the director determines.

(3) The credentialed person shall not engage in the practice of a profession after a credential to practice such profession is revoked or during the time for which it is suspended. If a credential is suspended, the suspension shall be for a definite period of time to be set by the director. The director may provide that the credential shall be automatically reinstated upon expiration of such period, reinstated if the terms and conditions as set by the director are satisfied, or reinstated subject to probation or limitations or conditions upon the practice of the credentialed person. If such credential is revoked, such revocation shall be for all times, except that at any time after the expiration of two years, application may be made for reinstatement pursuant to section 71-161.04.

Source:

Laws 1927, c. 167, § 54, p. 468

C.S.1929, § 71-609

Laws 1943, c. 150, § 13, p. 544

R.S.1943, § 71-155

Laws 1976, LB 877, § 3

Laws 1984, LB 481, § 20

Laws 1986, LB 286, § 52

Laws 1986, LB 579, § 44

Laws 1986, LB 926, § 28

Laws 1988, LB 1100, § 20

Laws 1991, LB 456, § 14

Laws 1994, LB 1210, § 33

Laws 1994, LB 1223, § 7

Laws 1996, LB 1044, § 384

Laws 1997, LB 23, § 6

Laws 1999, LB 828, § 43

Annotations:

While a $10,000 fine imposed under this section may well serve a punitive purpose in certain cases, it will not be assumed in a vacuum that a potential fine not actually imposed could serve only primarily punitive purposes. State v. Wolf, 250 Neb. 352, 549 N.W.2d 183 (1996).

The power of courts to review the action of a professional board of examiners in its refusal to recommend reinstatement of a revoked license is not decided, but if such power exists, it is limited to a determination based on whether or not the board's action was arbitrary or capricious. Coil v. Department of Health, 189 Neb. 606, 204 N.W.2d 167 (1973).

Summary equity proceeding for revocation of physician's license was sustained. State ex rel. Sorensen v. Lake, 121 Neb. 331, 236 N.W. 762 (1931).

Under former law, proceedings before the state board were summary in nature and technical rules for trial were disregarded. Munk v. Frink, 81 Neb. 631, 116 N.W. 525 (1908), 17 L.R.A.N.S. 439 (1908).

~Reissue Revised Statutes of Nebraska