45-744 Cease and desist orders; department; powers; judicial review; violation; penalty. - Nebraska Statutes

45-744. Ceaseand desist orders; department; powers; judicial review;violation; penalty.(1) The department may order any person to cease and desist wheneverthe department determines that the person has violated any provision of the Residential Mortgage LicensingAct. Upon entry of a cease and desist order, the director shall promptly notifythe affected person that such order has been entered, of the reasons for suchorder, and that upon receipt, within fifteen business days after the dateof the order, of written request from the affected person a hearing will bescheduled within thirty business days after the date of receipt of the writtenrequest unless the parties consent to a later date or the hearing officersets a later date for good cause. If a hearing is not requested and none isordered by the director, the order shall remain in effect until it is modifiedor vacated.(2) The director may vacate or modify a cease and desist order if heor she finds that the conditions which caused its entry have changed or thatit is otherwise in the public interest to do so.(3) A person aggrieved by a cease and desist order of the director mayobtain judicial review of the order in the manner prescribed in the AdministrativeProcedure Act and the rulesand regulations adopted and promulgated under the act. The directormay obtain an order from the district court of Lancaster County for the enforcementof the cease and desist order.(4) A person who violates a cease and desist order of the director may,after notice and hearing and upon further order of the director, be subjectto a penalty of not more than five thousand dollars for each act in violationof the cease and desist order. SourceLaws 1989, LB 272, § 20; Laws 1995, LB 163, § 8; Laws 2000, LB 932, § 33; Laws 2001, LB 53, § 102; Laws 2006, LB 876, § 33; R.S.Supp.,2008, § 45-717; Laws 2009, LB328, § 29. Cross ReferencesAdministrative Procedure Act, see section 84-920.