Section 425-2-014 - COMPLAINTS - INVESTIGATION AND DISPOSITION014.01 AUTHORITY The Board has authority to consider complaints against a licensee only to the extent that the allegations involve:
014.01A Fraud or deceit of a licensee in obtaining his or her license,014.01B Neglect of duty by a licensee, or014.01C Incompetence by a licensee in the performance of duty.014.02 STAFF REVIEW 014.02A Staff for the Board shall review all complaints, except for complaints initiated by the Board, to determine whether the Board has authority to review the allegations of the complaint.014.02B At a regularly scheduled or special meeting of the Board, staff shall present to the Board the complaint and the staff's recommendation as to the authority of the Board to review any or all of the allegations of the complaint.014.02C The Board shall re vie w the staff recommendations and vote to accept, modify or reject such recommendations.014.02D The Board shall dismiss any allegation of the complaint that the Board determines it does not have authority to review.014.02E The procedure set out in Subsection 014.03 shall govern any allegation not dismissed by the Board.014.02F The licensee and the complainant shall be notified in writing of the Board's actions under Subsection 014.02.014.03 PREPARATION FOR PRELIMINARY INVESTIGATION 014.03A The chairperson of the Board, the acting chairperson, or a duly authorized member of the Board, shall appoint in writing one member of the Board to serve as investigator to complete a preliminary investigation of any allegations against a licensee, not previously dismissed under Subsection 014.02.014.03B The letter appointing the investigator shall include the following information: 014.03B1 The complaint and any documentation showing action of the Board under Subsection 014.02;014.03B2 The timeline for the investigation;014.03B3 Any record of the Board determined by staff or the Board to be related to the allegations of the complaint.014.03C The Board shall mail to the licensee who is the subject of the complaint and to the complainant a copy of the letter appointing the investigator. The licensee shall have the right to be represented by an attorney during the investigation.014.03D The Board may by majority vote waive the preliminary investigation process.014.04 CONDUCT OF PRELIMINARY INVESTIGATION 014.04A The purpose of the preliminary investigation is to gather information about the complaint and to allow for the summary dismissal of any allegations either for which there is no reasonable basis in fact or law, or that even if true would not result in a suspension or revocation of the licensee's license.014.04B The investigator shall interview the complainant, the licensee and anyone else the investigator determines to have information relevant to the allegations of the complaint. The investigator may use any lawful means to compel the production of documents and the attendance of witnesses to assist in the investigation.014.04C After completing the investigation, the investigator shall prepare a written report setting forth the facts related to each allegation and the investigator's findings as to whether any or all of the allegations should be summarily dismissed either for lack of a reasonable basis in fact or law for the allegation, or because the licensee's license would not be suspended or revoked even if the allegation were true. The written report shall specifically list each allegation against the licensee that the investigator believes should not be summarily dismissed.014.04D The investigator's recommendation to the Board shall be limited only to the following statements and recommendations: 014.04D1 A statement that, in the investigator's opinion, one or more of the allegations lacks a reasonable basis in fact or law, and a recommendation that the complaint be summarily dismissed as to such allegation or allegations;014.04D2 A statement that, in the investigator's opinion, one or more of the allegations, even if true, is not cause for suspension or revocation, and a recommendation that the complaint be summarily dismissed as to such allegation or allegations; 014.04D3 A statement that, in the investigator's opinion, one or more of the allegations may have merit, and a recommendation that the Board hold a hearing pursuant to Section 015 for any and all such allegation or allegations.014.04E In making statements and recommendations to the Board, the investigator shall not discuss the merits of any allegation with the Board, or any member thereof, and the Board shall not review the investigator's written report pursuant to Subsection 014.04C unless and until either the report is presented at a hearing in accordance with Section 015, or the licensee forgoes such hearing in accordance with Subsection 014.05B.014.04F The investigating Board member shall abstain from all discussions, debates or votes regarding the allegations investigated.014.05 DISPOSITION OF COMPLAINT014.05A Within sixty (60) days of receiving the investigator's statements and recommendations pursuant to Subsection 014.04D, or of a decision to waive a preliminary investigation pursuant to Subsection 014.03D, the Board shall either schedule a hearing pursuant to Section 015 or dismiss the complaint entirely.014.05B A hearing pursuant to Section 015 must be held, unless waived in writing by the licensee, before the licensee's license can be suspended or revoked.425 Neb. Admin. Code, ch. 2, § 014