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Nebraska Revised Statutes Chapter 81. State Administrative Departments § 81-8,123. Professional land surveyor; complaint; investigation; disciplinary actions

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) The examining board may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any professional land surveyor.

(2) The board, after a hearing as provided in section 81-8,124, and upon proof satisfactory to the board, may determine by a majority vote that any person or organization has violated the Land Surveyors Regulation Act or any rules and regulations adopted and promulgated under the act.

(3) 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 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 a licensee and upon the right of the licensee 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) Entry of an order of revocation, suspension, or cancellation of the license;

(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.

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

(5) Civil penalties collected under subdivision (3)(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 (3)(h) of this section shall be remitted to the State Treasurer for credit to the Land Surveyor Examiner's Fund.

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Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 81. State Administrative Departments § 81-8,123. Professional land surveyor; complaint; investigation; disciplinary actions - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-81-state-administrative-departments/ne-rev-st-sect-81-8-123/

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