Section 288-4-006 - Investigation of complaints and finding of probable cause Investigations of complaints, including matters brought to the Board's attention without a complaint from the public, shall be for the purpose of determining whether there is probable cause to institute proceedings under 005, "Contested Case," for violations of the Act, or the Board's Rules and Regulations,
006.01. The Board may designate one of its members, or any other person of appropriate competence, to serve as its investigating officer to obtain information relative to the complaint.006.02. Upon completion of his investigation, the investigating officer shall file and report as to his findings with the Board. The investigating officer will recommend that the Board either find probable cause and schedule a contested case or else lack of probable cause and dismiss the complaint. The Board's determination shall be on the basis of the investigating officer's report. The report may be returned for further investigation.006.03. The report of the investigating officer, the testimony, and the documents gathered during the investigation shall be treated as confidential information and as records which may be withheld from the public pursuant to Neb. Rev. Stat. § 84-712.05.006.04. Upon the findings of probable cause, if the subject of the investigation is the holder of a CPA certificate or a permit to practice, or an inactive registration, the Board shall issue a petition and hold a public hearing on the petition in accordance with Chapter .005. If the subject of the investigation is not a holder of a CPA certificate or a permit to practice or an inactive registration, the Board may take appropriate action pursuant to either Section 1-165 or Section 1-166 of the Act; or the Board may, under its own motion, issue a cease and desist order to such offender.006.05. Disposition may be made of any complaint by stipulation, agreed settlement, or consent order without a finding of probable cause prior to the beginning of a contested case. Such disposition shall be binding on all parties to the complaint.288 Neb. Admin. Code, ch. 4, § 006
Amended effective 4/30/2016.Amended effective 5/5/2024