81-3444. Disciplinary actions authorized; civil penalties.

304 words·~1 min read·/ne/chapter-81/81-3444

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

(1)The board, after hearing and upon proof satisfactory to the board, may determine by two-thirds majority vote that any person or organization has violated the Engineers and Architects Regulation Act or any rules or regulations.

(2)Upon a finding that a person or organization has committed a violation, one or more of the following actions may be taken against such person or organization upon a two-thirds majority vote of the board:

(a)Issuance of censure or reprimand;

(b)Suspension of judgment;

(c)Placement of the offender on probation;

(d)Placement of a limitation or limitations on the holder of a license and upon the right of the holder of a license 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;

(e)Imposition of a civil penalty not to exceed ten thousand dollars for each offense. The amount of the penalty shall be based on the severity of the violation;

(f)Entrance of an order of revocation, suspension, or cancellation of the certificate of licensure;

(g)Issuance of a cease and desist order;

(h)Imposition of costs as in an ordinary civil action in the district court, which may include reasonable attorney's fees and hearing officer fees incurred by the board and the expenses of any investigation undertaken by the board; or

(i)Dismissal of the action.

(3)The board may take into account suitable evidence of reform when determining appropriate action.

(4)Civil penalties collected under subdivision (2)(e) of this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. All costs collected under subdivision (2)(h) of this section shall be remitted to the State Treasurer for credit to the Engineers and Architects Regulation Fund.