44-5512 Violations; director; hearing; orders; penalty; appeal. - Nebraska Statutes

44-5512. Violations; director; hearing; orders; penalty; appeal.(1) Whenever the director has reason to believe that any person has engaged in any activities in violation of the Surplus Lines Insurance Act, he or she may issue an order and notice of hearing directing such person to cease and desist from engaging in such activities. A hearing shall be held within thirty days to determine whether or not such violation occurred.(2) Such hearing, and any appeal therefrom, shall be in accordance with the Administrative Procedure Act.(3) If, after such hearing, the director finds that the person charged has committed a violation as alleged, he or she shall reduce his or her findings to writing and serve a copy of the findings on the person charged and, in addition, the director may order any one or more of the following:(a) That such person cease and desist from engaging in such activities;(b) Payment of a fine of not more than five thousand dollars; and(c) Suspension or revocation of any surplus lines license held by such person for such period of time as the director determines.(4) Any person who violates a cease and desist order may, after notice and hearing and upon order of the director, be subject to:(a) Payment of a fine of not more than ten thousand dollars; and(b) Suspension or revocation of each insurance license held by such person for such period of time as the director determines.(5) For purposes of this section, person shall include a nonadmitted insurer. SourceLaws 1978, LB 836, § 10; Laws 1989, LB 92, § 37; R.S.Supp.,1990, § 44-147.04; Laws 1992, LB 1006, § 12. Cross ReferencesAdministrative Procedure Act, see section 84-920.