2006 Nebraska Revised Statutes - § 71-164.01 — Practicing without being credentialed; administrative penalty; procedure.

Section 71-164.01
Practicing without being credentialed; administrative penalty; procedure.

(1) The department may assess an administrative penalty of ten dollars per day for each day that evidence exists of practice prior to issuance, renewal after expiration, or reinstatement of a credential of an individual or entity listed in section 71-162. The total penalty shall not exceed one thousand dollars.

(2) It shall be prima facie evidence of practice without being credentialed when any of the following conditions exist:

(a) The person admits to engaging in practice;

(b) Staffing records or other reports from the employer of the person indicate that the person was engaged in practice;

(c) Billing or payment records document the provision of service, care, or treatment by the person;

(d) Service, care, or treatment records document the provision of service, care, or treatment by the person;

(e) Appointment records indicate that the person was engaged in practice;

(f) Water well registrations or other government records indicate that the person was engaged in practice; and

(g) The person or entity opens a business or practice site and announces or advertises that the business or site is open to provide service, care, or treatment.

(3) When the department assesses an administrative penalty, the department shall provide written notice of the assessment to the person. The notice shall be delivered in the manner prescribed by the department and shall include notice of the opportunity for a hearing.

(4) The department shall, within thirty days after receipt, transmit an administrative penalty to the State Treasurer for credit to the permanent school fund. An administrative penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property.

Source:

Laws 2003, LB 242, § 29

~Reissue Revised Statutes of Nebraska