Section 231-7-2 - Informal ProcessThe Board may utilize an informal process as described below in lieu of, or as a prerequisite for, entering into a formal legal process.
7.2.1 The respondent is entitled to copies of the complaint and all information upon which the probable cause determination was made.7.2.2 The Board and the respondent may reach an agreement as to the terms of the resolution of the matter without the respondent's appearance before the Board.7.2.3 If an agreement is not reached without the appearance of the respondent, the respondent wili be requested in writing to appear before the Board for an informal discussion of the matter.7.2.3.1 The Board may, but need not, request any other party involved in the complaint to appear along with the respondent. Such appearance is voluntary and cannot be compelled.7.2.3.2 Copies of the documents referred to in Rule 7.2.1 will be provided to the respondent no later than the time the request for appearance is made.7.2.4 At the scheduled meeting with the Board, the Board shall clearly state to the party or parties that the meeting is informal and that no individuals will be giving up their rights to due process by participating in the informal process.7.2.5 The Board may request that a party or parties bring materials, documents, or exhibits to facilitate the informal discussion with the Board.7.2.6 The matter will be resolved if the Board and the respondent can reach terms of mutual agreement on the issues, and a consent agreement or other such documents is executed on those terms. Acceptable terms may include, but are not limited to, a requirement for additional professional education, limitations on practice, civil penalties, and assessment of fees and/or costs as outlined in Neb, Rev. Stat. § 81-8,208.7.2.7 The Board may separate issues within a complaint into those that can be resolved with an informal process from those that must be resolved under a formal process.7.2.8 The respondent's participation in the informal process is voluntary, not mandatory.231 Neb. Admin. Code, ch. 7, § 2
Adopted effective 1/10/2021