Nebraska Revised Statutes

Neb. Rev. Stat. § 38-186 (2026)

Credential; discipline; petition by Attorney General; hearing; department; powers and duties

✓ current as of July 2026
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(1) A petition shall be filed by the Attorney General in order for the director to discipline a credential obtained under the Uniform Credentialing Act to:

(a) Practice or represent oneself as being certified under any of the practice acts enumerated in section 38-101 other than subdivision (21) of section 38-101; or

(b) Operate as a business for the provision of services in body art; cosmetology; emergency medical services; esthetics; funeral directing and embalming; massage therapy; and nail technology in accordance with subsection (3) of section 38-121.

(2) The petition shall be filed in the office of the director. The department may withhold a petition for discipline or a final decision from public access for a period of five days from the date of filing the petition or the date the decision is entered or until service is made, whichever is earliest.

(3) The proceeding shall be summary in its nature and triable as an equity action and shall be heard by the director or by a hearing officer designated by the director under rules and regulations of the department. Affidavits may be received in evidence in the discretion of the director or hearing officer. The department shall have the power to administer oaths, to subpoena witnesses and compel their attendance, and to issue subpoenas duces tecum and require the production of books, accounts, and documents in the same manner and to the same extent as the district courts of the state. Depositions may be used by either party.

Notes of Decisions
Cited in 3 cases, 2009–2014 · leading case: Stetson v. Silverman, 770 N.W.2d 632 (Neb. 2009).
Stetson v. Silverman, 770 N.W.2d 632 (Neb. 2009). · cites it 7× “PUBLIC RECORDS AND PRIVILEGES UNDER DISCIPLINARY PROCEEDINGS STATUTES Sections 38-186 to 38-1,113 set out the permitted procedures for resolving allegations in a complaint to the Department or a petition for discipline against a credential holder.”
McDougle v. State ex rel. Bruning, 289 Neb. 19 (Neb. 2014). · cites it 11× “There is no inherent incon­ sistency between Neb. Rev. Stat. §§ 38-186 (Cum. Supp. 2012) and 38-187 Nebraska Advance Sheets 20 289 NEBRASKA REPORTS (Reissue 2008) and the plain mandate of Neb.”
State Farm Fire & Cas. Co. v. Dantzler (Neb. 2014). · cites it 2× “There is no inherent incon­ sistency between Neb. Rev. Stat. §§ 38-186 (Cum. Supp. 2012) and 38-187”
Neb. Rev. Stat. § 38-186(1): 1 case
McDougle v. State ex rel. Bruning, 289 Neb. 19 (Neb. 2014). “There is no inherent incon­ sistency between Neb. Rev. Stat. §§ 38-186 (Cum. Supp. 2012) and 38-187 Nebraska Advance Sheets 20 289 NEBRASKA REPORTS (Reissue 2008) and the plain mandate of Neb.”
Neb. Rev. Stat. § 38-186(2): 1 case
Stetson v. Silverman, 770 N.W.2d 632 (Neb. 2009). “PUBLIC RECORDS AND PRIVILEGES UNDER DISCIPLINARY PROCEEDINGS STATUTES Sections 38-186 to 38-1,113 set out the permitted procedures for resolving allegations in a complaint to the Department or a petition for discipline against a credential holder.”
Neb. Rev. Stat. § 38-186(3): 1 case
Stetson v. Silverman, 770 N.W.2d 632 (Neb. 2009). “PUBLIC RECORDS AND PRIVILEGES UNDER DISCIPLINARY PROCEEDINGS STATUTES Sections 38-186 to 38-1,113 set out the permitted procedures for resolving allegations in a complaint to the Department or a petition for discipline against a credential holder.”
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