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Code · Nebraska · Chapter 81 — State Administrative Departments

81-1928. License; denied, suspended, revoked; grounds; hearing.

426 words·~2 min read·/ne/chapter-81/81-1928

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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:
(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.
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