60-1415 Disciplinary actions; findings of board; order; restitution; appeal; distribution of fines. - Nebraska Statutes

60-1415. Disciplinary actions; findings ofboard; order; restitution; appeal; distribution of fines.(1)The board shall state in writing, officially signed by the chairperson orvice-chairperson and the executive director, its findings and determinationafter such hearing and its order in the matter. If the board determines andorders that an applicant is not qualified to receive a license or registration,no license or registration shall be granted. If the board determines thatthe party has willfully or through undue negligence been guilty of any violationof the Motor Vehicle Industry RegulationAct or any rule or regulation adopted and promulgated by the boardunder authority of theact, the board may suspend or revoke the license or registration,place the party on probation, assess an administrative fine, or take any combinationof such actions. In determining the amount of the fine, the board may considerthe appropriateness of the penalty with respect to the gravity of the violation,the history of previous violations, and any attempt made by the party to retaliateagainst another party for seeking relief pursuant to the laws, rules, or regulationsrelating to motor vehicle industry licensing. The board may also, after hearing,assess an additional administrative fine in an amount not to exceed five thousanddollars for each day a violation continues if a party fails to obey a directorder of the board or repeats the same violation within forty-eight monthsof the previous violation. The imposition of any such additional administrativefine shall commence one month after the initial order of the board or anyfinal order on appeal if taken for failure to obey a direct order of the boardand on the date of the second or subsequent violation for repeat violationswithin forty-eight months. The board may make a demand on a violator for restitutionto a harmed consumer. The party may appeal the decision of the board. Theappeal shall be in accordance with the Administrative Procedure Act.(2) The board shall remit administrative finesto the State Treasurer on a monthly basis for distribution in accordance withArticle VII, section 5, of the Constitution of Nebraska. Any administrativefine imposed under this section and unpaid shall constitute a debt to theState of Nebraska which may be collected by lien foreclosure or sued for andrecovered in any proper form of action, in the name of the State of Nebraska,in the district court of the county in which the violator resides or ownsproperty. SourceLaws 1957, c. 280, § 15, p. 1023; Laws 1963, c. 365, § 11, p. 1178; Laws 1967, c. 394, § 9, p. 1236; Laws 1971, LB 768, § 17; Laws 1972, LB 1335, § 12; Laws 1974, LB 754, § 12; Laws 1978, LB 248, § 10; Laws 1984, LB 825, § 25; Laws 1988, LB 352, § 107; Laws 1993, LB 106, § 3; Laws 2010, LB816, § 69. Cross ReferencesAdministrative Procedure Act, see section 84-920. AnnotationsA motor vehicle dealer is not a consumer within the meaning of this section, and therefore, a dealer may not be granted restitution under the authority of this section. Chrysler Corp. v. Lee Janssen Motor Co., 248 Neb. 281, 534 N.W.2d 568 (1995).The failure of the Nebraska Motor Vehicle Industry Licensing Board to make a specific determination of undue negligence or willfulness is not fatal if the court finds, after a de novo review, the record supports such a finding. Park Place Pontiac v. Neb. Motor Vehicle Ind. Lic. Bd., 232 Neb. 273, 440 N.W.2d 445 (1989).In order to perfect an appeal from an order of the Nebraska Motor Vehicle Industry Licensing Board, an appeal bond must be filed with the board within ten days of the rendition of the order. Kizzier Chevrolet Co. v. General Motors Corp., 219 Neb. 319, 363 N.W.2d 167 (1985).