Opinion No. (2005)

REQUESTED BY: Marilyn J. Hasselbalch, Director Nebraska Real Estate Appraiser Board You have posed a number of questions to us pertaining to proper procedures and the ability of the Real Estate Appraiser Board (the "Board") to take action at a meeting of the Board where not all members are present and voting. You explain that the issues have arisen because one of the five board members has resigned, leaving the Board with four members, the number that Neb. Rev. Stat. § 76-2222(4) (2003) indicates constitutes a quorum, and that recently, one or more members have abstained from voting on…