23-529

23-529. Revocation of license; hearing; notice
of findings; appeal

A. The industrial commission may take disciplinary action against a licensee
charged with the commission of any of the following acts:

1. Fraud or misrepresentation in the application or qualification examination for a
license.

2. Gross negligence, incompetence, bribery or other misconduct in his profession.

3. Aiding or abetting an unlicensed person to evade the provisions of this article
or knowingly combining or conspiring with an unlicensed person, or allowing one's
registration to be used by an unlicensed person or acting as agent, partner, associate or
otherwise, of an unlicensed person with intent to evade provisions of this article.

B. The industrial commission shall have authority to make investigations, employ
investigators and conduct hearings to determine whether a license issued under this
article should be revoked or suspended upon a complaint made in writing and under oath
when the industrial commission receives an oral or written complaint not made under oath,
investigates such complaint and determines that there is sufficient evidence to warrant a
hearing, the commission may direct the secretary to file a verified complaint charging
the licensee with commission of an offense under this article subject to disciplinary
action. The secretary shall then serve upon the accused, by registered mail, a copy of
the complaint setting forth the charge or charges to be heard and notice of the time and
place of the hearing. The hearing shall be held no sooner than thirty days after the
mailing of the notice.

C. The accused may appear personally or by his attorney at the hearing, present
witnesses and evidence in his defense and cross-examine witnesses.

D. If a majority of the members of the commission determine that the licensee has
committed a violation, the commission shall revoke or suspend the license or, in lieu of
revocation or suspension, levy a fine not to exceed one thousand dollars. The revoked or
suspended license may be reissued upon the affirmative vote of a majority of the members
of the commission. If the license of an agent who is a principal of a firm or executive
officer of a corporation is suspended or revoked for cause attributable to the firm or
corporation, such revocation or suspension may be deemed just cause for revocation or
suspension of the licenses of all or any other principal or officers of the firm or
corporation.

E. Decisions of the industrial commission under this section shall be subject to
judicial review pursuant to title 12, chapter 7, article 6.