State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-885_03

81-885.03. Broker, associate broker, salesperson,defined; license required;cease and desist order; violation; fine; procedure.(1) Any personwho, directly or indirectly for another, with the intention or upon the promiseof receiving any form of compensation or consideration, offers, attempts,or agrees to perform or performs any single act described in subdivision (2)of section 81-885.01, whether as a part of a transaction, or as an entiretransaction, shall be deemed a broker, associate broker, or salesperson withinthe meaning of the Nebraska Real Estate License Act, and such action shall constitute sufficient contact withthe state for the exercise of personal jurisdiction over such person in anyaction arising out of such action. Committing a single act describedin such subdivision by a person required to be licensed under the NebraskaReal Estate License Act and not so licensed shall constitute a violation ofthe act for which the commissionmay impose sanctions pursuant to this section for the protection of the publichealth, safety, or welfare.(2) Notwithstanding anyother provision of the law to the contrary, the director may issue a ceaseand desist order against any person who violates this section by performingany action described in subsection (1) of this section without the appropriatelicense. Such order shall be final ten days after issuance unless the violatorrequests a hearing pursuant to section 81-885.25.(3) If such person violates a ceaseand desist order issued pursuant to this section, he or she shall be subjectto further proceedings before the commission. If, during such proceedings,the commission makes a finding of guilt, the commission may impose a finenot to exceed (a) one thousand dollars for each day that any action is performedwithout the appropriate license following the issuance of the order or (b)the amount of all money earned as commission by the violator, whichever isgreater. Judgments for the collection of any fine imposed under this sectionmay be filed in the district court of any county in this state.(4) Notice and hearingrequirements under this section shall be in accordance with the AdministrativeProcedure Act. SourceLaws 1973, LB 68, § 3; Laws 1983, LB 182, § 3; Laws 2002, LB 863, § 11; Laws 2010, LB691, § 1.Effective Date: July 15, 2010 Cross ReferencesAdministrative Procedure Act, see section 84-920.