Section 234-10-002 - Informal processThe Examining Board may utilize an informal process as described below in lieu of, or as a prerequisite for, entering into a formal legal process.
002.01. The respondent is entitled to copies of the complaint and all information upon which the probable cause determination was made.002.02. The Examining 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 Examining Board.002.03. If an agreement is not reached without the appearance of the respondent, the respondent will be requested in writing to appear before the Examining Board for an informal discussion of the matter.002.03.01 The Examining 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.002.03.02 Copies of the documents referred to in Rule 002.01 shall be provided to the respondent no later than the time the request to appear is made.002.04. At the scheduled meeting with the Examining Board, the Chairperson shall clearly state to the party or parties that the meeting is informal and that no individuals or organizations will be giving up their rights to due process by participating in the informal process.002.05. The Examining Board may request that a respondent or any other party or parties provide materials, documents, or exhibits prior to the informal hearing to facilitate the discussion with the Examining Board.002.06. The matter will be resolved if the Examining Board and the respondent can reach terms of mutual agreement on the issues, and a consent agreement or other such document is executed on those terms. Acceptable terms may include, but are not limited to, a requirement for additional professional education, limitations on practice, revision of land surveys, or modification of survey practice.002.07. The Examining 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.002.08. The respondent's participation in the informal process is voluntary, not mandatory.234 Neb. Admin. Code, ch. 10, § 002
Amended effective 6/8/2016.Amended effective 9/28/2022