45-922 Licensee; disciplinary actions; failure to renew. - Nebraska Statutes

45-922. Licensee; disciplinaryactions; failure to renew.(1) The director may,following a hearing in accordance with the Administrative Procedure Act, suspendor revoke any license issued pursuant to the Delayed Deposit Services LicensingAct if he or she finds:(a) A licensee or any of its officers, directors, partners,or members has knowingly violated the act or any rule, regulation, or orderof the director thereunder;(b) A fact or condition existing which, if it had existedat the time of the original application for such license, would have warrantedthe director to refuse to issue such license;(c) A licensee has abandoned its place of business for aperiod of thirty days or more;(d) A licensee or any of its officers, directors, partners,or members has knowingly subscribed to, made, or caused to be made any falsestatement or false entry in the books and records of any licensee, has knowinglysubscribed to or exhibited false papers with the intent to deceive the Departmentof Banking and Finance, has failed to make a true and correct entry in thebooks and records of such licensee of its business and transactions in themanner and form prescribed by the department, or has mutilated, altered, destroyed,secreted, or removed any of the books or records of such licensee withoutthe written approval of the department or as provided in section 45-925; or(e) A licensee has knowingly violated a voluntary consentor compliance agreement which had been entered into with the director.(2) Except as provided in this section, a license shall notbe revoked or suspended except after notice and a hearing in accordance withthe Administrative Procedure Act.(3)(a) If a licensee fails to renew its license as requiredby section 45-910 and does not voluntarily surrender the license pursuantto section 45-911, the department may issue a notice of expiration of thelicense to the licensee in lieu of revocation proceedings.(b) If a licensee fails to maintain a surety bond as requiredby section 45-906, the department may issue a notice of cancellation of thelicense in lieu of revocation proceedings.(4) Revocation, suspension, cancellation, or expiration ofa license shall not impair or affect the obligation of a preexisting lawfulcontract between the licensee and any person, including a maker of a check.(5) Revocation, suspension, cancellation, or expiration ofa license shall not affect civil or criminal liability for acts committedbefore the revocation, suspension, cancellation, or expiration or liabilityfor fines levied against the licensee or any of its officers, directors, shareholders,partners, or members, pursuant to section 45-925, for acts committed beforethe revocation, suspension, cancellation, or expiration. SourceLaws 1994, LB 967, § 22; Laws 2001, LB 53, § 106; Laws 2006, LB 876, § 45; Laws 2008, LB851, § 24; Laws 2009, LB327, § 19. Cross ReferencesAdministrative Procedure Act, see section 84-920.