Land surveyor; complaint; probation, suspension, or revocation of registration; grounds.
The examining board may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any land surveyor. It shall have the power to place any land surveyor on probation or to revoke or suspend any registration under the Land Surveyors Regulation Act when the land surveyor has been found guilty of any of the following practices: (1) Fraud or deceit in obtaining a registration; (2) negligence or incompetency in the performance of his or her duties; or (3) misconduct in the performance of his or her duties.
Source:Laws 1957, c. 383, § 16, p. 1337; Laws 1984, LB 478, § 5; Laws 1994, LB 874, § 22; Laws 2015, LB138, § 15.
Incompetency refers to a demonstrated lack of skill to perform duties of licensed land surveyor; misconduct violates standards of professional behavior established through professional experience. A land surveyor must exercise care which a surveyor of ordinary skill and prudence would exercise under similar circumstances. Simonds v. Board of Examiners, 213 Neb. 259, 329 N.W.2d 92 (1983).