Nebraska Statutes 81-3444. Disciplinary actions authorized; civil penalties
(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.
Terms Used In Nebraska Statutes 81-3444
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Board: means the Board of Engineers and Architects. See Nebraska Statutes 81-3405
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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) 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.