2009 Nebraska Code
Chapter 8 BANKS AND BANKING
8-1016 Violation; cease and desist order; department; powers; review.

8-1016. Violation; cease and desist order; department; powers; review.

(1) The Department of Banking and Finance may order any person to cease and desist whenever the department determines that the person has violated any provision of the Nebraska Sale of Checks and Funds Transmission Act. Upon entry of a cease and desist order, the director shall promptly notify the affected person that such order has been entered, of the reasons for such order, and that upon receipt, within fifteen business days after the date of the order, of written request from the affected person a hearing will be scheduled within thirty business days after the date of receipt of the written request, unless the parties consent to a later date or the hearing officer sets a later date for good cause. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated.

(2) The director may vacate or modify a cease and desist order if he or she finds that the conditions which caused its entry have changed or that it is otherwise in the public interest to do so.

(3) A person aggrieved by a cease and desist order of the director may obtain judicial review of the order in the manner prescribed in the Administrative Procedure Act. The director may obtain an order from the district court of Lancaster County for enforcement of the cease and desist order.

Source

Laws 2006, LB 876, § 18.

Cross References

Administrative Procedure Act, see section 84-920.