S-25-0002 Tobias S. Gay (Appellant) v. Nebraska Board of Engineers and Architects (Appellee)
Appeal from the District Court for Lancaster County, Judge Andrew Jacobsen
Attorneys: Clark J. Grant (Grant & Grant for Appellant) and Benedict Kinnison (Asst. Attorney General for Appellee)
Civil: Administrative law and licensee disciplinary action
Proceedings Below: The Nebraska Board of Engineers and Architects revoked Appellant’s license and imposed a five (5) year period of ineligibility for him to reapply. On appeal, the district court affirmed. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in determining that Appellant’s statement of errors filed pursuant to Neb. Ct. R. §6-1518 would not be considered by the court to the extent that they were not contained in Appellant’s petition for judicial review; 2) The district court erred in determining due process did not require the Appellee to advise Appellant of his procedural rights before the Appellee and potential penalties which could result from the allegations; 3) The district court erred in imposing an excessive disciplinary action against Appellant pursuant to its de novo review; and 4) The district court erred in failing to take into account suitable evidence of reform when determining discipline against Appellant as required by Neb. Rev. Stat. §81-3443 (3) (Reissue 2024).