Section 234-10-001 - Initial Review of Complaints and Compliance Issues001.01 When a complaint is received by the Examining Board in which a professional land surveyor is alleged to have violated the Land Surveyors Regulation Act, or if the Examining Board becomes aware of a compliance issue that may constitute a violation of the Act, the Examining Board may refer the complaint or compliance issue to a committee and/or an investigator, or may consider the complaint or compliance issue without such referral. The Chairperson may appoint a committee and/or an investigator to investigate the active or inactive registered professional land surveyor upon a motion of the Examining Board.001.02. The committee and/or investigator will make a recommendation to the Examining Board as to: 001.02.01. Whether the matter should be dismissed for lack of probable cause; or001.02.02. Whether there is probable cause that a violation of the Act has occurred; or001.02.03. Whether further investigation is required in order to determine whether there is probable cause.001.03 Upon receipt of a recommendation or upon consideration by the Examining Board, the Examining Board will determine whether there is probable cause and, if so, whether an informal or a formal process should be undertaken to resolve the matter. If the Examining Board finds there is no probable cause, the complaint may be dismissed.001.03.01. The Board may make a determination on all probable cause with or without having requested a response from the respondent.001.04. A complaint or compliance issue against any professional land surveyor may be brought in the name of the Examining Board. If any member of the Examining Board discovers a probable violation of the Act, the member may bring it to the Examining Board's attention.234 Neb. Admin. Code, ch. 10, § 001
Amended effective 6/8/2016.Amended effective 9/28/2022