28-4500. Unlicensed dealer and automotive recycler; hearing; civil penalty; suspension of motor vehicle registrations; reinstatement fee

A. The director may conduct a hearing pursuant to section 28-4491 if an officer authorized to enforce this chapter alleges that a person refuses or fails to comply with a cease and desist order issued pursuant to section 28-4499.

B. The director shall hold the hearing at least fifteen but not more than thirty days after receipt of a written request for a hearing.

C. A finding that a person is in violation of the dealer or automotive recycler licensing requirements of this chapter requires that both of the following conditions exist, and the scope of the hearing is limited to the following:

1. A determination that the person refuses or fails to comply with a cease and desist order issued pursuant to section 28-4499.

2. A determination that the person appearing at the hearing is responsible for the violation.

D. If, after reviewing the allegations and results of the hearing, the director determines that the person is in violation of the dealer or automotive recycler licensing provisions of this chapter, the director may impose a civil penalty pursuant to section 28-4501.

E. After consideration of the evidence presented at the hearing, the director shall serve notice of the director's finding and order within five days after the hearing.

F. Unless a continuance is granted, if a person who is alleged to be in violation of the dealer or automotive recycler licensing provisions of this chapter fails to appear for a hearing, the director may suspend the registrations of all motor vehicles owned and leased by the person. The director shall not remove the suspension until the person appears for the hearing and pays a fee of fifty dollars to the department for the reinstatement of each motor vehicle registration and license plate.

28-4500. Unlicensed dealer and automotive recycler; hearing; civil penalty; suspension of motor vehicle registrations; reinstatement fee

A. The director may conduct a hearing pursuant to section 28-4491 if an officer authorized to enforce this chapter alleges that a person refuses or fails to comply with a cease and desist order issued pursuant to section 28-4499.

B. The director shall hold the hearing at least fifteen but not more than thirty days after receipt of a written request for a hearing.

C. A finding that a person is in violation of the dealer or automotive recycler licensing requirements of this chapter requires that both of the following conditions exist, and the scope of the hearing is limited to the following:

1. A determination that the person refuses or fails to comply with a cease and desist order issued pursuant to section 28-4499.

2. A determination that the person appearing at the hearing is responsible for the violation.

D. If, after reviewing the allegations and results of the hearing, the director determines that the person is in violation of the dealer or automotive recycler licensing provisions of this chapter, the director may impose a civil penalty pursuant to section 28-4501.

E. After consideration of the evidence presented at the hearing, the director shall serve notice of the director's finding and order within five days after the hearing.

F. Unless a continuance is granted, if a person who is alleged to be in violation of the dealer or automotive recycler licensing provisions of this chapter fails to appear for a hearing, the director may suspend the registrations of all motor vehicles owned and leased by the person. The director shall not remove the suspension until the person appears for the hearing and pays a fee of fifty dollars to the department for the reinstatement of each motor vehicle registration and license plate.