Nebraska Statutes 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:
Terms Used In Nebraska Statutes 81-1928
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Examinee: shall mean the individual who is being examined, tested, or questioned by an examiner or intern for the purpose of verifying truthfulness or detecting deception. See Nebraska Statutes 81-1905
- Examiner: shall mean any polygraph examiner, voice analysis examiner, or any other person, other than an intern, who does any of the following:
(1) Purports to verify truthfulness or to detect deception or to provide a diagnostic opinion regarding such truthfulness or deception through instrumentation or the use of a mechanical device. See Nebraska Statutes 81-1911
- Fraud: Intentional deception resulting in injury to another.
- Person: shall mean any individual, firm, partnership, limited liability company, association, or corporation. See Nebraska Statutes 81-1906
- Polygraph: shall mean any mechanical or electronic instrument which uses attached sensors to record psychophysiological responses for the purpose of attempting to determine truth or deception and which records permanently and simultaneously at least three physiological responses. See Nebraska Statutes 81-1907
- Secretary: shall mean the Secretary of State for the State of Nebraska. See Nebraska Statutes 81-1904
(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.