1-148. Individual certificates, practice privilege, temporary practice privilege, registration, and permits; board action; authorized.

331 words·~2 min read·/ne/chapter-1/1-148

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Upon the completion of any hearing, the board, by majority vote, shall have the authority through entry of a written order to take in its discretion any or all of the following actions:

(1)Issuance of censure or reprimand;

(2)Suspension of judgment;

(3)Placement of the permitholder, certificate holder, registrant, or person exercising the practice privilege or the temporary practice privilege on probation;

(4)Placement of a limitation or limitations on the permit, certificate, or registration and upon the right of the permitholder, certificate holder, registrant, or person exercising the practice privilege or the temporary practice privilege to practice the profession to such extent, scope, or type of practice for such time and under such conditions as are found necessary and proper;

(5)Imposition of a civil penalty not to exceed ten thousand dollars, except that the board shall not impose a civil penalty under this subdivision for any cause enumerated in subdivisions

(5)through

(9)of section 1-137 and subdivisions

(1)and

(2)of section 1-138 . The amount of the penalty shall be based on the severity of the violation;

(6)Entrance of an order of suspension of the permit, certificate, registration, or practice privilege or temporary practice privilege;

(7)Entrance of an order of revocation of the permit, certificate, registration, or practice privilege or temporary practice privilege. A revocation order under this subdivision shall be considered nondisciplinary if it is issued for a failure under subdivision

(9)of section 1-137 ;

(8)Imposition of costs as in ordinary civil actions in the district court, which may include attorney and hearing officer fees incurred by the board and the expenses of any investigation undertaken by the board; or

(9)Dismissal of the action.

The Board of Public Accountancy has discretion to impose attorney fees incurred by the board, which may include fees for an attorney who represents the board and serves as the "prosecutor" in a disciplinary case. Zwygart v. State, 273 Neb. 406, 730 N.W.2d 103 (2007).