2006 Nebraska Revised Statutes - § 71-6331 — Violations; disciplinary actions; civil penalty; procedure; appeal; lien; enforcement.

Section 71-6331
Violations; disciplinary actions; civil penalty; procedure; appeal; lien; enforcement.

(1) An application or a certificate under the Residential Lead-Based Paint Professions Certification Act may be denied, refused renewal, suspended, or revoked if the applicant or certificate holder violates any of the provisions of the act, fraudulently or deceptively obtains or attempts to obtain a certificate, fails at any time to meet the qualifications for a certificate, fails to comply with rules and regulations adopted and promulgated pursuant to the act, fails to meet any applicable state standard for abatement projects, or employs or permits an uncertified individual to work in a lead-based paint profession.

(2) In addition to the disciplinary actions provided for in subsection (1) of this section, the department may assess a civil penalty of not less than one thousand dollars nor more than three thousand dollars for each offense committed by any firm certified under the act or not less than one hundred dollars nor more than five thousand dollars for each offense committed by an individual certified under the act for violation of the act or any rule or regulation adopted and promulgated pursuant thereto. Each day a violation continues shall constitute a separate offense.

(3) Whenever the department determines to deny, refuse to renew, suspend, or revoke a certificate or assess a civil penalty, it shall send to the applicant or certificate holder a notice setting forth the particular reasons for the determination. The denial, suspension, refusal to renew, revocation, or assessment of a civil penalty shall become final thirty days after the mailing of the notice unless the applicant or certificate holder gives written notice to the department of a desire for a hearing. If a hearing is requested, the applicant or certificate holder shall be given a hearing before the department and shall have the right to present such evidence as may be proper. On the basis of such evidence, the determination shall be affirmed, modified, or set aside, and a copy of such decision setting forth the findings of fact and the particular reasons upon which such decision was based shall be sent by certified mail to the applicant or certificate holder. The decision shall become a final decision of the department and may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.

(4) Hearings held pursuant to this section shall be held in accordance with the Administrative Procedure Act.

(5) Any civil penalty assessed and unpaid under the Residential Lead-Based Paint Professions Certification Act 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 any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The department shall, within thirty days of receipt, remit any collected civil penalty to the State Treasurer for credit to the permanent school fund.

Source:

Laws 1994, LB 1210, § 179

Laws 1999, LB 863, § 52

Cross References:

Administrative Procedure Act,see section 84-920.

~Reissue Revised Statutes of Nebraska