Nebraska Statutes 81-3537. Violation of act; disciplinary action;penalties
(1) The board may after hearing, by majority vote, take any or all of the following actions, upon proof satisfactory to the board that any person or organization has violated the Geologists Regulation Act or any rules or regulations adopted and promulgated pursuant to the act:
Terms Used In Nebraska Statutes 81-3537
- 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 Geologists. See Nebraska Statutes 81-3504
- 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: includes a partnership, limited liability company, corporation, or other form of business entity. See Nebraska Statutes 81-3514
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- 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
(a) Issuance of censure or reprimand;
(b) Suspension of judgment;
(c) Placement of the offender on probation with the board;
(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. 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 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.
In hearings under this section, the board may take into account suitable evidence of reform.
(2) Civil penalties collected under subdivision (1)(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 (1)(h) of this section shall be remitted to the State Treasurer for credit to the Geologists Regulation Fund.