Section 425-2-012 - LICENSE SUSPENSION AND REVOCATION012.01 GENERAL The Board may suspend or revoke a license for offenses listed in Section 012 upon completing the sequence of actions prescribed in Sections 013 through 016.
012.02 FRAUD AND DECEIT The Board may suspend or revoke the license of any licensee for fraud or deceit in obtaining his or her license.
012.02A A licensee will be considered to have obtained a license by fraud or deceit in the following instances: 012.02A1 If the licensee provides to the Board during the application, examination, renewal or reissuance process, any false, incomplete or misleading information, including but not limited to information regarding:012.02A1(a) The licensee's qualifications for the license;012.02A1(b) The licensee's completion of professional development hours; or012.02A1(c) The licensee's work experience.012.02A2 Applying for a license, taking the examination, or completing professional development hours in someone else's name.012.02A3 Collusion with another individual to make application, take the examination, or complete professional development hours on behalf of the applicant or holder of a license.012.02A4 Knowingly misrepresenting one's license status to one's employer or one's appointing jurisdiction. This shall include claiming to have a Class A license when holding only a Class B license. 012.02B Penalty 012.02B1 For three (3) or more of violations or for a second offense under Subsection 012.02A1, or for two (2) violations under Subsections 012.02A2 through 012.02A4, the license shall be revoked.012.02B2 For two (2) violations under Subsection 012.02A1, or for one (1) violation under Subsections 012.02A2 through 012.02A4, the license shall be suspended for five (5) years.012.02B3 For one (1) violation under Subsection 012.02A1, the license shall be suspended for six (6) months to two (2) years.012.02B4 Notwithstanding other provisions of Subsection 012.02B, a Class B license shall be revoked when, in the opinion of the Board, a truthful application or bona fide attempt to complete requirements by the licensee would have precluded the licensee from successfully completing the requirements for obtaining an initial license.012.02B5 Notwithstanding provisions of Subsection 012.02B3, a Class A license shall be suspended for five (5) years when, in the opinion of the Board, truthful documentation of successful completion of license renewal requirements would have precluded such renewal.012.03 NEGLECT OF DUTY The Board may suspend or revoke the license of any license holder for neglect of duty.
012.03A Neglect of duty means any failure to act, improper action, or misconduct related to carrying out the duties of a county highway superintendent or city street superintendent. Neglect of duty includes, but is not limited to, the following: 012.03A1 Failure to comply with any of the statutory duties of a county highway superintendent or city street superintendent, as listed in Subsection 003.04 of this rule.012.03A2 Failure to comply with, or failure to notify officials of, requirements set forth by the Board of Public Roads Classifications and Standards in Title 428 of the Nebraska Administrative Code, including compliance by counties and municipalities with: 012.03A2(a) Design standards;012.03A2(b) Construction standards;012.03A2(c) Maintenance standards;012.03A2(d) One- and Six-year Plan requirements;012.03A2(e) Annual report requirements (Standardized System of Annual Reports); and012.03A2(f) Annual certification requirements (Standardized System of Annual Reports).012.03A3 Conviction of a felony criminal offense, or final administrative sanction by a county or municipality, or by the licensee's employer, for misappropriating public funds or public property.012.03A4 Conviction of a criminal offense or final administrative sanction by a county or municipality, or by the licensee's employer, for assaulting, harassing or issuing unlawful instructions to one's subordinates or co-workers;012.03A5 Conviction of a felony criminal offense related to the truthfulness, trustworthiness or honesty of the licensee; or to the licensee's capacity to comply with the duties and responsibilities of a county highway superintendent or city street superintendent. 012.03B Penalty012.03B1 For three (3) or more violations or for a second offense under Subsection 012.03A1, Subsections 012.03A2(c) through 012.03A2(e) or Subsection 012.03A4, or for two (2) violations under Subsection 012.03A2(a), Subsection 012.03A2(b), Subsection 012.03A2(f), Subsection 012.03A3 or Subsection 012.03A5, the license shall be revoked.012.03B2 For two (2) violations under Subsection 012.03A1, Subsections 012.03A2(c) through 012.03A2(e) or Subsection 012.03A4, or for one (1) violation under Subsection 012.03A2(a), Subsection 012.03A2(b), Subsection 012.03A2(f), Subsection 012.03A3 or Subsection 012.03A5, the license shall be suspended for five (5) years.012.03B3 For one (1) violation under Subsection 012.03A1, Subsections 012.03A2(c) through 012.03A2(e) or Subsection 012.03A4, the license shall be suspended for six (6) months to two (2) years.012.04 INCOMPETENCE The Board may suspend or revoke the license of any license holder for incompetence in the performance of duty.
012.04A Incompetence in the performance of duty shall have its commonly understood meaning and includes acts, omission and misconduct showing that the licensee lacks the ability, knowledge, training, experience, or mental or physical fitness to perform the functions and duties of a city street superintendent or a county highway superintendent.012.04B A Class A licensee shall be held to a higher standard of competence than a Class B licensee. 012.04C Penalty 012.04C1 For three (3) or more violations or for a second offense under this subsection, the license shall be revoked.012.04C2 For two (2) violations under this subsection, the license shall be suspended for five (5) years.012.04C3 For one (1) violation under this subsection, the license shall be suspended for six (6) months to two (2) years.012.04C4 The penalty for a Class B licensee may be reduced up to one (1) year for a suspended license, down to a minimum of a one (1) month suspended license, or from a revoked license to a five (5) years suspended license. The provisions of this subsection shall not apply to a Class B license held as a second license by a Class A licensee.012.05 APPLICATION OF PENALTY 012.05A Cumulation of Violations. Violations shall count cumulatively for penalty purposes, whether adjudicated together or separately.012.05B Mitigating Circumstances012.05B1 In the event that the Board determines that the offender cooperated with the investigation, demonstrated remorse and presented a plan to correct behavior or improve performance, the penalty may be reduced up to one (1) year for a suspended license, down to a minimum of a one (1) month suspended license, or from a revoked license to a five (5) years suspended license.012.05B2 A ten (10) years suspended license may result when extenuating circumstances, other than those listed in Subsection 012.05B1, compel a sanction lesser than a revoked license but greater than a five (5) years suspended license.012.05C Aggravating Circumstances 012.05C1 In the event that the Board determines that the violation posed a grave danger to the public, the penalty may be increased up to two (2) years for a suspended license, up to a maximum seven (7) years suspended license.012.05C2 In the case of a Class B license, the Board may consider evidence that the violation posed a grave danger to the public, and thereby may increase the penalty for a revoked license by imposing a ten (10) year reapplication waiting period instead of the five (5) year period provided in Subsection 012.07E.012.05C3 In the case of a Class A license, the Board may consider evidence that the violation posed a grave danger to the public, and thereby may increase the penalty for a revoked license by foreclosing the option of applying for a Class B license under Subsection 012.07E.012.06 EFFECT OF PENALTY 012.06A Suspension and revocation shall not be retroactive.012.06B Suspension or revocation shall extend to both superintendent licenses (county and city) held by the licensee.012.06C No person with a suspended license may be appointed as a licensed county highway or city street superintendent, as such licensed practice and appointment are defined and prescribed in Section 003, during such suspension.012.06D No person with a revoked license may be appointed as a licensed county highway or city street superintendent, as such licensed practice and appointment are defined and prescribed in Section 003, unless such person receives a new Class B license following the waiting period prescribed in Subsection 012.05C2 or Subsection 012.07E.012.07 REINSTATEMENT AND REAPPLICATION012.07A Except for an investigative suspension under Subsection 013.02, the Board may impose conditions for reinstatement of a suspended license. Such conditions shall be related to correction of behavior or improvement of performance.012.07B Upon expiration of the suspension period and upon satisfying all conditions for reinstatement, including providing such documentation as may be required by the Board, the suspension shall cease and the license shall be reinstated. Staff shall duly report all reinstatements to the Board.012.07B1 Upon reinstatement, the licensee shall be liable for cumulative license renewal fees dating from the time of suspension, up to a maximum of one hundred dollars ($ 100.00) per suspended Class B license or five hundred dollars ($ 500.00) per suspended Class A license. The amount owed shall be paid within thirty (30) days of the date of reinstatement.012.07B2 Upon reinstatement, a Class A licensee shall document completion of cumulative required professional development hours dating from the time of suspension, up to a maximum of sixty (60) hours. Such documentation shall be subject to audit and shall be submitted within thirty (30) days of reinstatement.012.07C A revoked license may not be reinstated.012.07D A revoked Class A licensee may never apply for a new Class A license.012.07E Except as provided in Subsection 012.05C2 or Subsection 012.05C3, a revoked Class A or Class B licensee may apply for a new Class B license no sooner than five (5) years after revocation.425 Neb. Admin. Code, ch. 2, § 012