60-1411.02 Investigation; denial of application; revocation or suspension of license; probation; administrative fine; grounds. - Nebraska Statutes

60-1411.02. Investigation; denial of application;revocation or suspension of license; probation; administrative fine; grounds.The board may, upon its own motion, and shall, upon a sworn complaintin writing of any person, investigate the actions of any person acting, registered,or licensed under theMotor Vehicle Industry Regulation Act as a motor vehicle dealer,trailer dealer, motor vehicle or trailer salesperson, dealer's agent, manufacturer,factory branch, distributor, factory representative, distributor representative,supplemental motor vehicle dealer, wrecker or salvage dealer, finance company,motorcycle dealer, or motor vehicle auction dealer or operating without aregistration or license when such registration or license is required. Theboard may deny any application for a license, may revoke or suspend a license,may place the licensee or registrant on probation, may assess an administrativefine in an amount not to exceed five thousand dollars per violation, or maytake any combination of such actions if the violator, applicant, registrant,or licensee including any officer, stockholder, partner, or limited liabilitycompany member or any person having any financial interest in the violator,applicant, registrant, or licensee:(1) Has had any license issued under theact revoked or suspended and, if the license has been suspended,has not complied with the terms of suspension;(2) Has knowingly purchased, sold, or done business in stolen motorvehicles, motorcycles, or trailers or parts therefor;(3) Has failed to provide and maintain an established place of business;(4) Has been found guilty of any felony which has not been pardoned,has been found guilty of any misdemeanor concerning fraud or conversion, orhas suffered any judgment in any civil action involving fraud, misrepresentation,or conversion. In the event felony charges are pending against an applicant,the board may refuse to issue a license to the applicant until there has beena final determination of the charges;(5) Has made a false material statement in his or her application orany data attached to the application or to any investigator or employee ofthe board;(6) Has willfully failed to perform any written agreement with any consumeror retail buyer;(7) Has made a fraudulent sale, transaction, or repossession, or createda fraudulent security interest as defined in the Uniform Commercial Code,in a motor vehicle, trailer, or motorcycle;(8) Has failed to notify the board of a change in the location of hisor her established place or places of business and in the case of a salespersonhas failed to notify the board of any change in his or her employment;(9) Has willfully failed to deliver to a purchaser a proper certificateof ownership for a motor vehicle, trailer, or motorcycle sold by the licenseeor to refund the full purchase price if the purchaser cannot legally obtainproper certification of ownership within thirty days;(10) Has forged the signature of the registered or legal owner on acertificate of title;(11) Has failed to comply with theact and any orders, rules, or regulations of the board adoptedand promulgated under theact;(12) Has failed to comply with the advertising and selling standardsestablished in section 60-1411.03;(13) Has failed to comply with any provisions of the Motor Vehicle Certificateof Title Act, the Motor VehicleIndustry Regulation Act, the Motor Vehicle Registration Act, orthe rules or regulations adopted and promulgated by the board pursuant to the Motor Vehicle Industry RegulationAct;(14) Has failed to comply with any provision of Chapter 71, article46, or with any code, standard, rule, or regulation adopted or made underthe authority of or pursuant to Chapter 71, article 46;(15) Has willfully defrauded any retail buyer or other person in theconduct of the licensee's business;(16) Has employed any unlicensed salesperson or salespersons;(17) Has failed to comply with sections 60-190 to 60-196;(18) Has engaged in any unfair methods of competition or unfair or deceptiveacts or practices prohibited under the Uniform Deceptive Trade Practices Act;(19) Has conspired, as defined in section 28-202, with other personsto process certificates of title in violation of the Motor Vehicle Certificateof Title Act; or(20) Has violated theGuaranteed Asset Protection Waiver Act.If the violator,applicant, registrant, or licensee is a publicly held corporation, the board'sauthority shall extend only to the corporation and its managing officers anddirectors. SourceLaws 1971, LB 768, § 12; Laws 1972, LB 1335, § 9; Laws 1974, LB 754, § 10; Laws 1978, LB 248, § 8; Laws 1980, LB 820, § 2; Laws 1984, LB 825, § 17; Laws 1991, LB 47, § 6; Laws 1993, LB 106, § 1; Laws 1993, LB 121, § 391; Laws 1993, LB 370, § 472; Laws 1994, LB 884, § 82; Laws 1995, LB 564, § 5; Laws 1999, LB 632, § 4; Laws 2003, LB 498, § 8; Laws 2005, LB 274, § 257; Laws 2005, LB 276, § 106; Laws 2010, LB571, § 12; Laws 2010, LB816, § 67. Cross ReferencesGuaranteed Asset Protection Waiver Act, see section 45-1101.Motor Vehicle Certificate of Title Act, see section 60-101.Motor Vehicle Registration Act, see section 60-301.Uniform Deceptive Trade Practices Act, see section 87-306. AnnotationsThe Nebraska Motor Vehicle Industry Licensing Board has authority only to impose the sanctions authorized by statute and no other sanctions. Chrysler Corp. v. Lee Janssen Motor Co., 248 Neb. 281, 534 N.W.2d 568 (1995).