§ 38-3331 — Civil penalty; recovery; lien

Nebraska § 38-3331

• Jurisdiction: Nebraska
• Ch. 38: Health Occupations and Professions

Text

(1) In addition
to the remedies authorized in section 38-140 or 38-1,124 , a person who engages
in the practice of veterinary medicine and surgery without being licensed
or otherwise authorized to do so under the Veterinary Medicine and Surgery
Practice Act shall be subject to a civil penalty of not less than one thousand
dollars nor more than five thousand dollars for the first offense and not
less than five thousand dollars nor more than ten thousand dollars for the
second or subsequent offense. If a violation continues after notification,
this constitutes a separate offense.
(2) The civil
penalties shall be assessed in a civil action brought for such purpose by
the Attorney General in the district court of the county in which the violation
occurred.
(3) Any civil penalty assessed and unpaid under this section shall
constitute a debt to the State of Nebraska which may be collected in the manner
of a lien foreclosure or sued for and recovered in any proper form of action
in the name of the State of Nebraska 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 in the collection of the
civil penalty. The department shall, within thirty days after receipt, transmit
any collected civil penalty to the State Treasurer to be disposed of in accordance
with Article VII, section 5, of the Constitution of Nebraska.

Legislative History

Source: Laws 2009, LB463, § 8.