32-128

32-128. Disciplinary action; letter of concern;
judicial review

A. The board may take the following disciplinary actions, in combination or
alternatively:

1. Revocation of a certification or registration.

2. Suspension of a certification or registration for a period of not more than
three years.

3. Imposition of an administrative penalty of not more than two thousand dollars
for each violation of this chapter or rules adopted pursuant to this chapter.

4. Imposition of restrictions on the scope of the registrant's practice.

5. Imposition of peer review and professional education requirements.

6. Imposition of probation requirements that are best adapted to protect the public
safety, health and welfare and that may include a requirement for restitution payments to
professional services clients or to other persons suffering economic loss resulting from
violations of this chapter or rules adopted pursuant to this chapter.

7. Issuance of a letter of reprimand informing a person regulated under this
chapter of a violation of this chapter or rules adopted by the board.

B. The board may issue a letter of concern if the board believes there is
insufficient evidence to support disciplinary action against the registrant or home
inspector but sufficient evidence for the board to notify the registrant or home
inspector of the board's concern. A letter of concern is a public document.

C. The board may take disciplinary action against the holder of a certificate or
registration under this chapter who is charged with the commission of any of the
following acts:

1. Fraud or misrepresentation in obtaining a certificate of qualification, whether
in the application or qualification examination.

2. Gross negligence, incompetence, bribery or other misconduct in the practice of
the profession.

3. Aiding or abetting an unregistered or uncertified person to evade this chapter
or knowingly combining or conspiring with an unregistered or uncertified person, or
allowing one's registration or certification to be used by an unregistered or uncertified
person or acting as agent, partner, associate or otherwise of an unregistered or
uncertified person, with intent to evade this chapter.

4. Violation of this chapter or board rules.

5. Failing to pay a collaborating registered professional within seven calendar
days after the registrant receives payment from a client unless specified otherwise
contractually between the prime professional and the collaborating registered
professional. For the purposes of this paragraph, "collaborating registered professional"
means a registered professional with whom the prime professional has a contract to
perform professional services.

D. The board may make investigations, employ investigators and expert witnesses,
appoint members of advisory committees and conduct hearings to determine whether a
disciplinary action should be taken against the holder of a certificate or registration
under this chapter.

E. An investigation may be initiated on receipt of an oral or written complaint.
The board, on its own motion, may direct the executive director to file a verified
complaint charging a person with a violation of this chapter or board rules and shall
give notice of the hearing pursuant to title 41, chapter 6, article 10. The secretary or
executive director shall then serve upon the accused, by either personal service or
certified mail, a copy of the complaint together with notice setting forth the charge or
charges to be heard and the time and place of the hearing, which shall not be less than
thirty days after the service or mailing of notice.

F. A person who has been notified of charges pending against the person shall file
with the board an answer in writing to the charges not more than thirty days after
service of the complaint and notice of hearing. If a person fails to answer in writing,
it is deemed an admission by the person of the act or acts charged in the complaint and
notice of hearing. The board may then take disciplinary action pursuant to this chapter
without a hearing.

G. A disciplinary action may be informally settled by the board and the accused
either before or after initiation of hearing proceedings.

H. On its determination that any person has violated this chapter or a rule adopted
pursuant to this chapter, the board may assess the person with its reasonable costs and
expenses, including attorney fees, incurred in conducting the investigation and
administrative hearing. All monies collected pursuant to this subsection shall be
deposited, pursuant to sections 35-146 and 35-147, in the technical registration fund
established by section 32-109 and shall only be used by the board to defray its expenses
in connection with investigation related training, disciplinary investigations and
hearings. Notwithstanding section 35-143.01, these monies may be spent without
legislative appropriation.

I. The board shall immediately notify the secretary of state and clerk of the board
of supervisors of each county in the state of the suspension or revocation of a
certificate or of the reissuance of a suspended or revoked certificate.

J. Except as provided in section 41-1092.08, subsection H, final decisions of the
board are subject to judicial review pursuant to title 12, chapter 7, article 6.