Nebraska Statutes 38-140. Report of unauthorized practice or unauthorized operation of business; investigation; cease and desist order; violation; penalty
Every business credentialed under the Uniform Credentialing Act shall report to the department the name of every person without a credential that he or she has reason to believe is engaged in practicing any profession or operating any business for which a credential is required by the Uniform Credentialing Act. The department may, along with other law enforcement agencies, investigate such reports or other complaints of unauthorized practice or unauthorized operation of a business. The director, with the recommendation of the appropriate board, may issue an order to cease and desist the unauthorized practice of such profession or unauthorized operation of such business as a measure to obtain compliance with the applicable credentialing requirements by the person or business prior to referral of the matter to the Attorney General for action. For businesses that do not have a board, the department may issue such cease and desist orders. Practice of such profession or operation of such business without a credential after receiving a cease and desist order is a Class III felony.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class III felony | up to 4 years | up to $25,000 |
Terms Used In Nebraska Statutes 38-140
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Business: means a person engaged in providing services listed in subsection (3) of section Nebraska Statutes 38-109
- Credential: means a license, certificate, or registration. See Nebraska Statutes 38-113
- Department: means the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 38-114
- Director: means the Director of Public Health of the Division of Public Health or his or her designee. See Nebraska Statutes 38-116
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Profession: means any profession or occupation named in subsection (1) or (2) of section Nebraska Statutes 38-119