288 Neb. Admin. Code, ch. 4, § 004

Current through September 17, 2024
Section 288-4-004 - Meetings
004.01Emergency Meetings. Emergency meetings of the Board may be held in accordance with the provisions of Section 84-1411(3), as follows:
004.01A The Secretary or other designee of the Board shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, and the subjects to be discussed at the meeting.
004.01B When it is necessary to hold an emergency meeting of the Board without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency.
004.01C Such emergency meetings may be held by means of electronic or telecommunication equipment.
004.02Closed Meetings. Closed meetings of the Board may be held in accordance with investigations conducted under Section 1-137 of the Act or under the provisions of Section 84-1410, R.R.S., as follows:
004.02A A closed meeting may be called by an affirmative vote of at least five (5) members of the Board; provided, that such session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting.
004.02B The vote to hold a closed session shall be taken in open session.
004.02C The vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes of the Board meeting.
004.02D The meeting shall be reconvened in open session before any format action may be taken by the Board.
004.02E Any member of the Board shall have the right to challenge the continuation of a closed session if the member believes that the session has exceeded the reason stated in the original motion to hold a closed session. Such challenge shall be overruled only by a majority of the members present. Such challenge and its disposition shall be recorded in the Board minutes.
004.03Open Meetings. Except as provided under 004.01 and 004.02 as given above, meetings of the Board of Public Accountancy shall be held in open session.
004.03ANotice Not less than seven (7) days prior to any regular or special meeting of the Board notice shall be given to each Board member of the time and place of the meetings and of the agenda of subjects to be discussed or acted upon, as known at the time such notice is given. Such notice shall be deemed served when provided to each Board member as shown on the records of the Board. Publicized notice of all regular or special meetings of the Board shall be given by the publication of notice of the time and place of the meeting accompanied by a declaration that the agenda of all meetings is kept continuously current and available for public inspection at the offices of the Board in Lincoln, Nebraska. All notices shall be published in a paper with general circulation within this State at least five (5) days prior to the meeting. In addition, the Board shall provide notice to all other news media requesting such notification.
004.03BAgenda. The Secretary or his or her designee shall maintain an agenda of all business to be considered or conducted by the Board. Any member may place an item on the agenda for consideration at the next meeting of the Board by notifying the Secretary or his or her designee not less than three (3) days prior to the giving of notice for such meeting. Items not placed on the agenda and included in the notice of meeting can only be considered if of an emergency nature.
004.03CForm of Meeting. The parliamentary procedures of meetings of the Board shall be determined by Robert's Rules of Order Revised, unless these Regulations or the Act or other statutes of the State of Nebraska require other procedures. Five (5) members shall constitute a quorum for the transaction of business at any meeting of the Board.
004.03DOpportunity for Public Expression. The Board, as a representative governmental body, recognizes the importance of the public's viewpoint relative to its actions. Members of the public and holders of a CPA certificate, a permit to practice, or an inactive registration who desire to express ideas, grievances, or other matters to the Board should notify' the Secretary at the commencement of the meeting, if possible, so that the Chairman can recognize such person as the appropriate agenda item is readied. The Chairman is authorized to rule any speaker out of order if the remarks being made are irrelevant and not germane to any subject matter currently before the Board, or if the speaker's remarks relate to a subject matter over which the Board lacks jurisdiction.
004.03EVoting. All voles on motions and resolutions shall be by roll call vote by the Board in open session. The record shall show how each member voted, or whether the member was absent or not voting. The votes to elect the officers of the Board may be taken by secret ballot; but the total number of votes for each candidate shall be recorded in the minutes.
004.03FMinutes. The Secretary or his or her designee shall keep minutes of all the Board's meetings showing the time, place, members present and absent, and the substances of nil matters discussed. The minutes of all meetings and evidence and documentation received or disclosed in open session shall be public records and open to the public inspection during normal business hours. Duplicated copies of the minutes shall be prepared following each meeting by the Secretary of the Board. Such minutes shall be written and available for public inspection within ten (10) working days, or prior to the next convened meeting, whichever occurs earlier.

288 Neb. Admin. Code, ch. 4, § 004

Amended effective 5/5/2024