Investigations

When your report is received, it will be carefully reviewed by the Department to determine if legal sufficiency exists to conduct an investigation. The law requires the Department to consider:

• Whether the complaint pertains to a matter within the authority of the department to investigate;
  
• Whether the circumstances indicate that the complaint has been filed in good faith and is not malicious, frivolous, or filed merely to annoy;
  
• Whether the complaint has been delayed too long to justify a present investigation;
  
• Whether the complainant is willing to be a witness and come forward to testify;
  
• Whether the information provided in the complaint, or within the complainant's knowledge, is sufficient to provide a reasonable basis to believe that the allegation, if substantiated by clear and convincing evidence, would result in discipline against the licensee; and
  
• Whether it is possible to secure necessary evidence from other sources.

The Department will notify you of the results of the review. The Department may also notify the subject of the complaint that a complaint has been filed.

Filing a complaint with the Department does not preclude you from privately pursuing legal remedies.

The Department does not arbitrate fee disputes, insurance or labor problems; does not investigate rudeness or personality conflicts. However, other agencies may be able to assist you if the Department is not able to act on your complaint.

• Office of the Attorney General-Consumer Protection (phone: (800) 727-6432)

• Office of Dispute Resolution (phone: (402) 471-3730)
  
• Office of Nebraska Department of Insurance (phone: (877) 564-7323)
• Office of Nebraska Department of Labor (phone: (402) 471-2239)
• Office of Equal Opportunity Commission (phone: (402) 471-4895)​

A thorough and complete investigation by the Department will take considerable time and effort. When the department has determined that an investigation is complete, the investigator will prepare an investigative report for the appropriate professional board. After reviewing the report, the professional board will recommend a course of action to the office of the Attorney General.

The Attorney General reviews each investigation to determine if there is clear and convincing evidence that the subject of the complaint has violated statutes or rules and regulations. If there is clear and convincing evidence, the Attorney General may:

• Elect to file a petition with the Department to discipline the credentialed person;
• Negotiate a voluntary surrender or voluntary limitation of the credential;
• Enter into an assurance of compliance with the credentialed person in lieu of filing a petition;

Complaints and mandatory reports to the Department are confidential and investigation records are not public records. The Department will share information contained in complaints and mandatory reports, not including the identity of the complainant or mandatory reporter, with the subject of the complaint or mandatory report only when (1) authorized by the complainant or mandatory reporter, or (2) the Department determines sharing such information is necessary to conduct a proper and thorough investigation. The Department will not share the identity of the complainant or mandatory reporter with the subject of the complaint or mandatory report during the course of an investigation without the written authorization of the complainant or mandatory reporter. The identity of the complainant or mandatory reporter may be made public in a contested case before the Department. Any person making a complaint or mandatory report, except those self-reporting, is immune from criminal or civil liability for filing the report, or for disclosure of documents, records, or other information to the Department.

What activities must be reported by a licensee, certificate holder, or registrant?
Every credentialed person who has first-hand knowledge of unlicensed, illegal or unethical activities is required to report (includes self-reporting) within 30 days of the occurrence. Failure to report may result in discipline. To view additional information relating to mandatory reporting, click on the options below:

• ​ Mandatory Reporting Summary (chart showing who is to report and what is to be reported)
• Mandatory Reporting Regulations

Mandatory Reporting shall not apply:

• to the spouse of the person,
• to a practitioner who is providing treatment to such person in a practitioner-patient relationship concerning information obtained or discovered in the course of treatment unless the treating practitioner determines that the condition of the person may be of a nature which constitutes a danger to the public health and safety by the person's continued practice, or
• when a credentialed person who is chemically impaired enters the Licensee Assistance Program authorized by section Neb. Rev. Stat. § 38-175  except as provided in such section.

How is a complaint reviewed, and what is the disciplinary process?
The following provides information relating to the complaint, investigative, and disciplinary process.

• Disciplinary Process Chart
• Uniform Credentialing Act