Nebraska Statutes 81-3443. Enforcement procedures
(1) A complaint against any person or organization involving any matter coming within the jurisdiction of the board shall be in writing and shall be filed with the board.
Terms Used In Nebraska Statutes 81-3443
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Board: means the Board of Engineers and Architects. See Nebraska Statutes 81-3405
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Organization: means a business entity created by law, including, but not limited to, a partnership, limited liability company, corporation, or joint venture. See Nebraska Statutes 81-3418
- person: shall be construed to practice architecture, within the meaning and intent of the Engineers and Architects Regulation Act, if he or she:
(a) Practices the profession of architecture or holds himself or herself out as able and entitled to practice architecture. See Nebraska Statutes 81-3420
- Rules and regulations: means rules and regulations adopted and promulgated under the Engineers and Architects Regulation Act by the board. See Nebraska Statutes 81-3426
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) A hearing on the complaint shall be held within a reasonable time in accordance with the rules and regulations and may be heard through the use of a hearing officer. The accused shall have the right to appear personally with or without counsel, to cross-examine adverse witnesses, and to produce evidence and witnesses in his, her, or its defense.
(3) The board shall set the time and place for the hearing and shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be sent by registered mail to the accused, at his, her, or its last-known business or residence address known to the board, at least thirty days before the hearing.
(4) If after the hearing the board finds the accused has violated the Engineers and Architects Regulation Act or any rules or regulations, it may issue any order or take any action described in section 81-3444. If the order revokes, suspends, or cancels a license, the board shall notify, in writing, the Secretary of State. If the board finds no violation, it shall enter an order dismissing the complaint.
(5) The board may reissue a license that has been revoked. Application for the reissuance of a license shall be made in such a manner as the board directs and shall be accompanied by a fee established by the board.