32-2237

32-2237. Committee to investigate violations;
referral to county attorney or attorney general; inspection of
records; subpoenas; civil penalty; injunctions; cease and desist
orders; confidentiality

A. The board shall appoint one or more investigative committees, each consisting of
three members of the general public who are not board members and two licensed
veterinarians who are not board members. The investigative committee may interview
witnesses, gather evidence and otherwise investigate any allegations accusing any person
of violating any of the provisions of this chapter. An assistant attorney general shall
advise the investigative committee on all questions of law arising out of its
investigations. The expenses of the committee shall be paid out of the veterinary
medical examining board fund.

B. The investigative committee shall prepare a written report relating to any
allegations it investigates. The committee shall present its report to the board in an
open meeting. The report shall include:

1. A summary of the investigation.

2. Findings of fact.

3. Either a recommendation to dismiss the allegation made in the complaint or a
finding that a violation of this chapter or a rule adopted pursuant to this chapter
occurred.

C. If the board rejects any recommendation contained in a report of the
investigative committee, it shall document the reasons for its decision in writing.

D. Upon the complaint of any citizen of this state, or upon its own initiative, the
board may investigate any alleged violation of this chapter. If after investigation the
board has probable cause to believe that an unlicensed person is performing acts that are
required to be performed by a person licensed pursuant to this chapter, the board may
take one or more of the following enforcement actions:

1. Issue a cease and desist order.

2. Request the county attorney or attorney general to file criminal charges against
the person.

3. File an action in the superior court to enjoin the person from engaging in the
unlicensed practice of veterinary medicine.

4. After notice and an opportunity for a hearing, impose a civil penalty of not
more than one thousand dollars for each violation.

E. The board or its agents or employees may at all reasonable times have access to
and the right to copy any documents, reports, records or other physical evidence of any
veterinarian including documents, reports, records or physical evidence maintained by and
in the possession of any veterinary medical hospital, clinic, office or other veterinary
medical premises being investigated if such documents, records, reports or other physical
evidence relates to a specific investigation or proceeding conducted by the board.

F. The board on its own initiative or upon application of any person involved in an
investigation or proceeding conducted by the board may issue subpoenas compelling the
attendance and testimony of witnesses or demanding the production for examination or
copying of documents, reports, records or any other physical evidence if such evidence
relates to the specific investigation or proceeding conducted by the board.

G. Except as provided in this subsection, all materials, documents and evidence
associated with a pending or resolved complaint or investigation are confidential and are
not public records. The following materials, documents and evidence are not confidential
and are public records if they relate to resolved complaints:

1. The complaint.

2. The response and any rebuttal statements submitted by the licensee or
certificate holder.

3. Board discussions of complaints that are recorded pursuant to section 32-2204,
subsection C.

4. Written reports of an investigative committee that are prepared pursuant to
subsection B of this section.

5. Written statements of the board that are prepared pursuant to subsection C of
this section.