60-1407.01 License; application; filing; investigation; report; contents; requirements; revocation of license; when. - Nebraska Statutes

60-1407.01. License; application; filing;investigation; report; contents; requirements; revocation of license; when.(1) Upon the filing of any application, a staff member of the boardshall endorse on it the date of filing. If no patent disqualification of theapplicant is disclosed or if no valid objection to the granting of the applicationis apparent and if all requirements relative to the filing of the applicationappear to have been complied with, the chairperson of the board or executivedirector shall refer the application to a staff member for investigation andreport. The report shall include:(a) A statement as to whether or not the applicant or any person holdingany financial interest in the applicant is for any reason disqualified by the Motor Vehicle Industry RegulationAct from obtaining or exercising a license and whether or notthe applicant has complied with all the requirements of the act relative to the making and filing ofhis or her application;(b) Information relating to any and all other matters and things whichin the judgment of the staff member pertain to or affect the matter of theapplication or the issuance or exercise of the license applied for; and(c) In the case of an application for a dealer's license:(i) A description of the premises intended to become the licensed premisesand of the equipment and surrounding conditions;(ii) If the applicant has held a prior dealer's license for the sameor any other premises within two years past, a statement as to the mannerin which the premises have been operated and the business conducted underthe previous license; and(iii) If the applicant proposes to engage in the business of sellingnew motor vehicles, motorcycles, or trailers, a written statement from theapplicable manufacturer, factory branch, factory representative, distributor,distributor branch, or distributor representative, or such other evidenceas prescribed by the board, that the applicant is authorized to sell or distributesuch new motor vehicles, motorcycles, or trailers.(2) After the filing of the report, the board may interview the applicant.Notice of such interview shall be given at least ten days prior to the interview.(3) The executive director shall not issue or renew a license if theapplicant or licensee does not (a) maintain an established place of business,(b) meet the requirement for a bond pursuant to section 60-1419, (c) presenta certificate or policy of insurance written by an insurance carrier dulyauthorized to do business in this state which gives the effective dates ofcoverage indicating that it is in force, which covers the fleet of motor vehiclesowned by the applicant or licensee in the ordinary course of business, andwhich provides liability coverage as described in sections 60-534 and 60-538, (d) present evidence ofcompliance with the insurance requirements of the Nebraska Workers' CompensationAct, and (e) meet requirementsfor licensure and comply with the Motor Vehicle Industry Regulation Act, therules and regulations adopted and promulgated by the board, and any amendmentsto the act and the rules and regulations. The executive directorshall refuse to renew a motor vehicle dealer's license if the dealer cannotprove that he or she sold at least five motor vehicles during the previouslicensing period. The requirement under subdivision (c) of this subsectionfor a certificate or policy of insurance shall not apply to trailer dealers.(4) The board shall revoke the license of any licensee if, after December31, 1991, it comes to the attention of the board that the policy of motorvehicle liability coverage required under subdivision (3)(c) of this sectionis no longer in force.(5) Nothing in this section shall be construed to change any existingliability or to create any new liability. SourceLaws 1971, LB 768, § 8; Laws 1984, LB 825, § 15; Laws 1989, LB 280, § 2; Laws 1991, LB 171, § 1; Laws 1999, LB 632, § 2; Laws 2010, LB816, § 61. Cross ReferencesNebraska Workers' Compensation Act, see section 48-1,110.