48-4107. Commissioner of Labor; investigations; random audits; subpoena witnesses and records.
310 words·~1 min read·
/ne/chapter-48/48-4107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The commissioner shall establish a system for the public to report complaints against a health care staffing agency or worker regarding compliance with the Health Care Staffing Agency Registration Act. The commissioner shall investigate any complaint received.
(2)The commissioner may investigate to determine if a health care staffing agency is in compliance with the Health Care Staffing Agency Registration Act and shall conduct random audits of health care staffing agencies with workers in Nebraska. Any investigation or audit shall take place at such times and places as the commissioner directs, with no fewer than three business days' prior notice.
(3)For purposes of any investigation or audit under this section, the commissioner or any officer designated by the commissioner may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the commissioner deems relevant or material to the investigation.
(4)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 and determination that such refusal was not based on a reasonable interpretation of applicable law, may issue to such person an order requiring such person to appear before the commissioner or the officer designated by the commissioner and produce documentary evidence, if so ordered, or give evidence affecting the matter under investigation or in question. Such person shall be afforded an opportunity to provide the commissioner and, if an application is made to a court of competent jurisdiction by the commissioner to enforce the subpoena, the court with an analysis or argument as to why such contumacy or refusal is based on a reasonable interpretation of applicable law. Any failure to obey the order of the court may be punished by the court as contempt.