48-4106.

Violations; civil penalty; revocation of registration; notice of citation; appeal.

(1) If the commissioner determines that a health care staffing agency (a) failed to register as required by the Health Care Staffing Agency Registration Act, (b) violated section 48-4104 or 48-4105, (c) failed to provide documentation pursuant to section 48-4107, or (d) knowingly provided to a health care entity a worker who has an illegally or fraudulently obtained or issued diploma, registration, license, certification, or background check, the commissioner may take one or more of the following actions:

(i) Assess a civil penalty of not more than five hundred dollars for a first offense and five thousand dollars for each offense thereafter; or

(ii) Revoke the registration for a period of no more than one calendar year. This revocation shall apply to all locations of the health care staffing agency.

(2) If the commissioner determines that a civil penalty or revocation is warranted under this section, the commissioner shall issue a notice of citation that notifies the health care staffing agency of the proposed civil penalty or revocation. The notice of citation shall be sent by certified mail or any other manner of delivery by which the United States Postal Service can verify delivery.

(3) A health care staffing agency may appeal any notice of citation by filing an appeal with the commissioner within twenty days after the date of mailing of the notice of citation. Except as otherwise provided in the Health Care Staffing Agency Registration Act, an appeal under this subsection shall be governed by the Administrative Procedure Act.

(4) No penalty or revocation shall become effective until the later of the day following expiration of the appeal period or thirty days after a decision on appeal has become final. Once a revocation becomes effective, it is effective for one calendar year and applies to revoke any then-current registration for all locations of the health care staffing agency and to preclude the health care staffing agency from applying for a new registration for any location during the revocation period. A health care staffing agency that has substantially common ownership or management as a health care staffing agency whose registration has been revoked under this section shall not be eligible for registration during the revocation period.

(5) In any civil action to enforce the Health Care Staffing Agency Registration Act, the commissioner and the state may be represented by any qualified attorney who is employed by the commissioner and is designated by the commissioner for this purpose or, at the commissioner's request, by the Attorney General.