State Codes and Statutes

Statutes > Nebraska > Chapter12 > 12-1116

12-1116. Licenses; disciplinary actions; grounds;notice; administrative fine.(1) The director may deny, revoke,or suspend any license of any pre-need seller or agent or may levy an administrativefine in accordance with subsection (3) of this section if the director findsthat:(a) The licensee has failed to pay the license fee prescribed for suchlicense;(b) The licensee, either knowingly or without the exercise of due careto prevent the same, has violated any of the provisions of the Burial Pre-NeedSale Act or any rule or regulation adopted and promulgated by the directorpursuant to such act;(c) An act or condition exists which, if it had existed at the timeof the original application of such licensee, would have resulted in the directorrefusing to issue such license;or(d) The licensee, uponreceipt of a written inquiry from the department, has failed to respond tosuch inquiry or has failed to request an additional reasonable amount of timeto respond to such inquiry within fifteen business days after such receipt.(2) Written notification shall be provided to the licensee upon thedirector's making such determination, and the notice shall be mailed by thedirector to the last address on file for the licensee by certified or registeredmail, return receipt requested. The notice shall state the specific actioncontemplated by the director and the specific grounds for such action. Thenotice shall allow the licensee receiving such notice twenty days from thedate of actual receipt to:(a) Voluntarily surrender his or her license; or(b) File a written notice of protest of the proposed action of the director.If a written notice of protest is filed by the licensee, the AdministrativeProcedure Act shall govern the hearing process and procedure, including allappeals. Failure to file a notice of protest within the twenty-day periodshall be equivalent to a voluntary surrender of the licensee's license, andthe licensee shall surrender the license to the director.(3) In addition to or in lieu of any applicable denial, suspension,or revocation of a license, any person violating the Burial Pre-Need SaleAct may, after notice and hearing, be subject to an administrative fine ofnot more than one thousand dollars per violation. Such fine may be enforcedin the same manner as civil judgments. Any person charged with a violationof the act may waive his or her right to a hearing and consent to such disciplineas the director determines is appropriate. The Administrative Procedure Actshall govern all hearings held pursuant to the Burial Pre-Need Sale Act. SourceLaws 1986, LB 643, § 16; Laws 1987, LB 93, § 3; Laws 2005, LB 119, § 4; Laws 2009, LB192, § 1. Cross ReferencesAdministrative Procedure Act, see section 84-920.