Board of Examiners

The State Board of Examiners for Professional Engineers and Architects may restrict the use of “professional engineer” and “architect” by persons other than those so licensed. The Board may refer such individuals to the proper county attorney. However, generic use of the term engineer or architect, such as in the job title “financial engineer,” is acceptable. 1993 Att’y Gen. Op. No. 82.

In the Simonds’ case, there was an accumulation of unlawful procedural circumstances that affected the substantive rights of Simonds who was an experienced surveyor investigated for incompetence. First, James L. Brown, Nebraska’s State Surveyor, conducted the investigations, prepared the revocation charges, and testified in support of those charges. Standing alone, those circumstances were not prejudicial to Simonds. Next, Brown was present and participated in all of the formal adjudicative sessions of the board, except voting, when the charges against Simonds were considered, evidence reviewed, findings and decision made, and order entered. Brown was present during the extended executive session, wherein the board considered Simonds’ case. The official decision and order of revocation made by the board was prepared by Brown. The participation of Brown in his official capacity at the hearing and his presence during the executive session of the board were irregularities that tended to be prejudice of the substantive rights of Simonds. Under other circumstances it might have required a finding that the proceeding was fundamentally unfair to Simonds. Considering the record as a whole, the court concluded that the circumstances in the Simonds’ case does not require that the order of the board be reversed for that reason. Simonds v. Board of Examiners for Land Surveyors, 213 Neb. 259, 329 N.W.2d 92 (1983).

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