60-3,205 Registration certificate; disciplinary actions; director; powers; procedure. - Nebraska Statutes

60-3,205. Registration certificate; disciplinaryactions; director; powers; procedure.(1)(a) The directormay suspend, revoke, cancel, or refuse to issue or renew a registration certificateunder the International Registration Plan Act:(i) If the applicant or certificate holder has had his or her licenseissued under the International Fuel Tax Agreement Act revoked or the directorrefused to issue or refused to renew such license; or(ii) If the applicant or certificate holder is in violation of sections 75-392to 75-399.(b) Prior to taking action under this section, the director shall notifyand advise the applicant or certificate holder of the proposed action andthe reasons for such action in writing, by registered or certified mail, tohis or her last-known business address as shown on the application for thecertificate or renewal. The notice shall also include an advisement of theprocedures in subdivision (c) of this subsection.(c) The applicant or certificate holder may, within thirty days afterthe date of the mailing of the notice, petition the director for a hearingto contest the proposed action. The hearing shall be commenced in accordancewith the rules and regulations adopted and promulgated by the department.If a petition is filed, the director shall, within twenty days after receiptof the petition, set a hearing date at which the applicant or certificateholder may show cause why the proposed action should not be taken. The directorshall give the applicant or certificate holder reasonable notice of the timeand place of the hearing. If the director's decision is adverse to the applicantor certificate holder, the applicant or certificate holder may appeal thedecision in accordance with the Administrative Procedure Act.(d) Except as provided in subsections (2) and (3) of this section, thefiling of the petition shall stay any action by the director until a hearingis held and a final decision and order is issued.(e) Except as provided in subsections (2) and (3) of this section, ifno petition is filed at the expiration of thirty days after the date on whichthe notification was mailed, the director may take the proposed action describedin the notice.(f) If, in the judgment of the director, the applicant or certificateholder has complied with or is no longer in violation of the provisions forwhich the director took action under this subsection, the director may reinstatethe registration certificate without delay.(2)(a) The director may suspend, revoke, cancel, or refuse to issueor renew a registration certificate under the International Registration PlanAct or a license under the International Fuel Tax Agreement Act if the applicant,licensee, or certificate holder has issued to the department a check or draftwhich has been returned because of insufficient funds, no funds, or a stop-paymentorder. The director may take such action no sooner than seven days after thewritten notice required in subdivision (1)(b) of this section has been provided.Any petition to contest such action filed pursuant to subdivision (1)(c) ofthis section shall not stay such action of the director.(b) If the director takes an action pursuant to this subsection, thedirector shall reinstate the registration certificate or license without delayupon the payment of certified funds by the applicant, licensee, or certificateholder for any fees due and reasonable administrative costs, not to exceedtwenty-five dollars, incurred in taking such action.(c) The rules, regulations, and orders of the director and the departmentthat pertain to hearings commenced in accordance with this section and thatare in effect prior to March 17, 2006, shall remain in effect, unless changedor eliminated by the director or the department, except for those portionsinvolving a stay upon the filing of a petition to contest any action takenpursuant to this subsection, in which case this subsection shall supersedethose provisions.(3) Any person who receives notice from the director of action takenpursuant to subsection (1) or (2) of this section shall, within three businessdays, return such registration certificate and license plates to the departmentas provided in this section. If any person fails to return the registrationcertificate and license plates to the department, the department shall notifythe Nebraska State Patrol that any such person is in violation of this section. SourceLaws 2005, LB 274, § 205; Laws 2006, LB 853, § 5; Laws 2007, LB358, § 10; Laws 2009, LB331, § 6. Cross ReferencesAdministrative Procedure Act, see section 84-920.International Fuel Tax Agreement Act, see section 66-1401.