2009 Nebraska Code
Chapter 8 BANKS AND BANKING
8-1012 License; suspension or revocation; conditions; procedure.

8-1012. License; suspension or revocation; conditions; procedure.

(1) The director may, following a hearing under the Administrative Procedure Act, suspend or revoke a license issued under the Nebraska Sale of Checks and Funds Transmission Act on any ground on which he or she may refuse to grant a license or for violation of the act, for failure to pay an annual fee, or for the failure or refusal of a licensee to comply with any order, decision, or finding of the director made pursuant to the act. In furtherance of the provisions of this section, the director, if he or she has reasonable cause to believe that the grounds for revocation exist, may investigate the business, books, and records of the licensee.

(2) Except as provided in this section, a license shall not be revoked or suspended except after notice and a hearing in accordance with the Administrative Procedure Act.

(3) A licensee may voluntarily surrender a license by delivering to the director written notice of the surrender but a surrender shall not affect civil or criminal liability for acts committed before the surrender or liability for any fines which may be levied against the licensee or any of its officers, directors, shareholders, partners, or members for acts committed before the surrender.

(4)(a) If a licensee fails to renew its license as required by section 8-1009 and does not voluntarily surrender the license pursuant to this section, the Department of Banking and Finance may issue a notice of expiration of the license to the licensee in lieu of revocation proceedings.

(b) If a licensee fails to maintain a surety bond as required by section 8-1008, the department may issue a notice of cancellation of the license in lieu of revocation proceedings.

(5) Revocation, suspension, surrender, cancellation, or expiration of a license shall not impair or affect the obligation of a preexisting lawful contract between the licensee and any person.

(6) Revocation, suspension, cancellation, or expiration of a license shall not affect civil or criminal liability for acts committed before the revocation, suspension, cancellation, or expiration or liability for any fines which may be levied against the licensee or any of its officers, directors, shareholders, partners, or members for acts committed before the revocation, suspension, cancellation, or expiration.

Source
    Laws 1965, c. 26, § 12, p. 197;
    Laws 2001, LB 53, § 16;
    Laws 2006, LB 876, § 17.

Cross References
    Administrative Procedure Act, see section 84-920.


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