Section 178-10-012 - ADMINISTRATIVE PENALTY The Department may assess an administrative penalty when evidence exists of practice without a credential to practice a profession. Practice without a credential for the purpose of this regulation means practice:
1. Prior to the issuance of a credential;2. Following the expiration of a credential; or3. Prior to the reinstatement of a credential. 012.01 Evidence of Practice The Department will consider any of the following conditions as prima facie evidence of practice without being credentialed:
1. The person admits to engaging in practice;2. Staffing records or other reports from the employer of the person indicate that the person was engaged in practice;3. Billing or payment records document the provision of service by the person;4. Service records document the provision of service by the person;5. Water well registration or other government records indicate that the person was engaged in practice; and6. The person opens a business and announces or advertises that the business is open to provide service. For purposes of this regulation, prima facie evidence means a fact presumed to be true unless disproved by some evidence to the contrary.
012.02 Penalty The Department may assess an administrative penalty in the amount of $10 per day, not to exceed a total of $1,000 for practice without a credential. To assess the penalty, the Department will:
1. Provide written notice of the assessment to the person. The notice will specify: a. The total amount of the administrative penalty;b. The evidence on which the administrative penalty is based;c. That the person may request, in writing, a hearing to contest the assessment of an administrative penalty;d. That the Department will within 30 days following receipt of payment of the administrative penalty, remit the penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5 of the Constitution of Nebraska;e. That an unpaid administrative penalty constitutes 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. The Department may also collect in such action attorney's fees and costs incurred directly in the collection of the administrative penalty; andf. Failure to pay an administrative penalty may result in disciplinary action.2. Send by certified mail, a written notice of the administrative penalty to the last known address of the person to whom the penalty is assessed.012.03 Administrative Hearing When a person contests the administrative penalty and requests a hearing, the Department will hold a hearing pursuant to the Administrative Procedure Act and 184 NAC 1, the Department's Rules of Practice and Procedure for Administrative Hearings.
178 Neb. Admin. Code, ch. 10, § 012