38-3331 Civil penalty; recovery; lien. - Nebraska Statutes

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Statutes > Nebraska > Chapter38 > 38-3331

38-3331. Civil penalty; recovery; lien.(1) In additionto the remedies authorized in section 38-140 or 38-1,124, a person who engagesin the practice of veterinary medicine and surgery without being licensedor otherwise authorized to do so under the Veterinary Medicine and SurgeryPractice Act shall be subject to a civil penalty of not less than one thousanddollars nor more than five thousand dollars for the first offense and notless than five thousand dollars nor more than ten thousand dollars for thesecond or subsequent offense. If a violation continues after notification,this constitutes a separate offense.(2) The civilpenalties shall be assessed in a civil action brought for such purpose bythe Attorney General in the district court of the county in which the violationoccurred.(3) Any civil penalty assessed and unpaid under this section shallconstitute a debt to the State of Nebraska which may be collected in the mannerof a lien foreclosure or sued for and recovered in any proper form of actionin the name of the State of Nebraska in the district court of the county inwhich the violator resides or owns property. The department may also collectin such action attorney's fees and costs incurred in the collection of thecivil penalty. The department shall, within thirty days after receipt, transmitany collected civil penalty to the State Treasurer to be disposed of in accordancewith Article VII, section 5, of the Constitution of Nebraska. SourceLaws 2009, LB463, § 8.

State Codes and Statutes

Statutes > Nebraska > Chapter38 > 38-3331

38-3331. Civil penalty; recovery; lien.(1) In additionto the remedies authorized in section 38-140 or 38-1,124, a person who engagesin the practice of veterinary medicine and surgery without being licensedor otherwise authorized to do so under the Veterinary Medicine and SurgeryPractice Act shall be subject to a civil penalty of not less than one thousanddollars nor more than five thousand dollars for the first offense and notless than five thousand dollars nor more than ten thousand dollars for thesecond or subsequent offense. If a violation continues after notification,this constitutes a separate offense.(2) The civilpenalties shall be assessed in a civil action brought for such purpose bythe Attorney General in the district court of the county in which the violationoccurred.(3) Any civil penalty assessed and unpaid under this section shallconstitute a debt to the State of Nebraska which may be collected in the mannerof a lien foreclosure or sued for and recovered in any proper form of actionin the name of the State of Nebraska in the district court of the county inwhich the violator resides or owns property. The department may also collectin such action attorney's fees and costs incurred in the collection of thecivil penalty. The department shall, within thirty days after receipt, transmitany collected civil penalty to the State Treasurer to be disposed of in accordancewith Article VII, section 5, of the Constitution of Nebraska. SourceLaws 2009, LB463, § 8.

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State Codes and Statutes

Statutes > Nebraska > Chapter38 > 38-3331

38-3331. Civil penalty; recovery; lien.(1) In additionto the remedies authorized in section 38-140 or 38-1,124, a person who engagesin the practice of veterinary medicine and surgery without being licensedor otherwise authorized to do so under the Veterinary Medicine and SurgeryPractice Act shall be subject to a civil penalty of not less than one thousanddollars nor more than five thousand dollars for the first offense and notless than five thousand dollars nor more than ten thousand dollars for thesecond or subsequent offense. If a violation continues after notification,this constitutes a separate offense.(2) The civilpenalties shall be assessed in a civil action brought for such purpose bythe Attorney General in the district court of the county in which the violationoccurred.(3) Any civil penalty assessed and unpaid under this section shallconstitute a debt to the State of Nebraska which may be collected in the mannerof a lien foreclosure or sued for and recovered in any proper form of actionin the name of the State of Nebraska in the district court of the county inwhich the violator resides or owns property. The department may also collectin such action attorney's fees and costs incurred in the collection of thecivil penalty. The department shall, within thirty days after receipt, transmitany collected civil penalty to the State Treasurer to be disposed of in accordancewith Article VII, section 5, of the Constitution of Nebraska. SourceLaws 2009, LB463, § 8.