Nebraska § 76-2239 - Investigations; authorized; disciplinary action; contingent dismissal agreement; cease and desist order; complaint; procedure; hearing.

§ 76-2239. Investigations; authorized; disciplinary action; contingent dismissal agreement; cease and desist order; complaint; procedure; hearing.

(1)(a) The board may, upon its own motion, and shall, upon the written complaint of any aggrieved person, cause an investigation to be made with respect to an alleged violation of the Real Property Appraiser Act. Upon receipt of information indicating a violation of the Real Property Appraiser Act, the board shall make an investigation of the facts to determine if there is evidence of a violation. If technical assistance is required for investigation, the board may contract with or use any qualified person for such technical assistance.

(b) The board may revoke or suspend the credential or otherwise discipline a credential holder, revoke or suspend a qualifying or continuing education course or activity, deny any application, issue a cease and desist order, or enter into a contingent dismissal agreement with remedial measures with a credential holder for any violation of the Real Property Appraiser Act.

(c) Any disciplinary action taken against a credentialed real property appraiser, including any action that limits a credentialed real property appraiser's ability to engage in real property appraisal practice, shall be reported to federal authorities as required by Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A successfully completed contingent dismissal agreement is not disciplinary action.

(2)(a) If an investigation indicates that a person may have violated a provision of the Real Property Appraiser Act, the board may offer the person an opportunity to voluntarily and informally discuss the alleged violation before the board. The board may enter into consent agreements, negotiate settlements, or enter into contingent dismissal agreements.

(b) If an investigation indicates that a person not holding a credential under the act has violated a provision of the act, the board may issue a cease and desist order or refer the investigation to the appropriate county attorney for the consideration of formal charges.

(c) If an investigation indicates that a credential holder has violated a provision of the act, a formal complaint shall be prepared by the board and served upon the credential holder. The complaint shall require the credential holder to file an answer within thirty days of the date of service. In responding to a complaint, the credential holder may admit the allegations of the complaint, deny the allegations of the complaint, or plead otherwise. Failure to make a timely response shall be deemed an admission of the allegations of the complaint. Upon receipt of an answer to the complaint, the director or chairperson of the board shall set a date, time, and place for an administrative hearing on the complaint. The date of the hearing shall not be less than thirty nor more than one hundred twenty days from the date that the answer is filed unless such date is extended for good cause.