48-2905. Reports of suspected violations; commissioner; duties; confidentiality.
311 words·~1 min read·
/ne/chapter-48/48-2905A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The commissioner may make such investigations as he or she finds necessary or appropriate to determine whether there is compliance with the Employee Classification Act. Investigations shall take place at the times and places as the commissioner directs. For purposes of any investigation under this section, the commissioner or any person designated by him or her may interview persons at the worksite, take photographs, and utilize other reasonable investigatory techniques. The conduct of the investigation shall be such as to preclude unreasonable disruption of the operations of the worksite. Investigations may be conducted, without prior notice, by correspondence, telephone conversations, or review of materials submitted to the department.
(2)The commissioner or any officer designated by him or her shall have the power to administer oaths and affirmations, issue subpoenas, compel the attendance of witnesses, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner deems relevant or material to the inquiry.
(3)In case of contumacy by or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the commissioner, may issue to that person an order requiring such person to appear before the commissioner or the officer designated by the commissioner to produce documentary evidence if so ordered or to give evidence touching on the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of the court.
(4)Except to the extent needed in any administrative hearing, civil action, or criminal proceeding brought to enforce the Employment Security Law, Nebraska Revenue Act of 1967, or Nebraska Workers' Compensation Act, information obtained by the department under this section or obtained from any individual pursuant to the administration of the Employee Classification Act shall be held confidential.