2016 Nebraska Revised Statutes
Chapter 81 - STATE ADMINISTRATIVE DEPARTMENTS
81-1928 License; denied, suspended, revoked; grounds; hearing.

81-1928. License; denied, suspended, revoked; grounds; hearing.

The secretary may deny, suspend, or revoke any license, after a hearing held in accordance with the Administrative Procedure Act, for any one or more of the following grounds:

(1) Failure to inform a subject to be examined as to the nature of the examination;

(2) Failure to inform a subject to be examined that participation is voluntary;

(3) Asking questions during a polygraph or voice stress examination regarding the examinee's sexual practices, labor union, political or religious affiliations, or marital relationship, except when such questions have a bearing on the areas or issues under examination;

(4) Material misstatement in the application for the original license or in the application for any renewal of license under sections 81-1901 to 81-1936;

(5) Willful disregard or violation of sections 81-1901 to 81-1936 or any regulation or rule issued pursuant thereto including, but not limited to, willfully making a false report concerning an examination for polygraph or voice stress examination purposes;

(6) Conviction of professionally related felony or any crime involving moral turpitude including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;

(7) Making any willful misrepresentation or false promise or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or interns;

(8) Having demonstrated incompetency to act as a polygraph or voice stress examiner;

(9) Allowing a license under sections 81-1901 to 81-1936 to be used by any unlicensed person in violation of the provisions of sections 81-1901 to 81-1936;

(10) Willfully aiding or abetting another in the violation of sections 81-1901 to 81-1936 or any rule or regulation issued pursuant thereto;

(11) Adjudication of mental illness;

(12) Failure, within a reasonable time, to provide information requested by the secretary as a result of a formal complaint in writing to the secretary or as a result of substantive information otherwise received by the secretary which would reasonably indicate a violation of sections 81-1901 to 81-1936 or any rule or regulation issued pursuant thereto; or

(13) Failing to inform the subject of the results of the examination if so required.

A license that is suspended shall be suspended for a definite period of time, not to exceed a period of two years. If a license is revoked it shall be revoked for not less than two years except as otherwise provided for in section 81-1921. Any person who has had his or her license revoked for cause may, after a period of two years, reapply to the board for reinstatement.

Source

• Laws 1980, LB 485, § 28.

Cross References

• Administrative Procedure Act, see section 84-920.