28-4361

28-4361. License application; criminal records
check

A. A person shall apply for a license to the director in writing on forms
prescribed by the director. The person shall include with the application all documents
and bonds required and the annual license fees prescribed by section 28-4302.

B. The application shall be verified and shall contain:

1. The name and residence of either:

(a) The applicant.

(b) If the applicant is a partnership, each partner.

(c) If the applicant is a corporation, each principal officer, director, agent or
stockholder who owns twenty per cent or more of the corporation and the name of the state
in which the corporation was organized.

2. The principal place of business of the applicant.

3. The established place of business or the place of business at or from which the
applicant will conduct the business.

4. The make or makes of new motor vehicles, if any, that the applicant will sell or
offer for sale in this state.

5. The business hours of the applicant.

6. Other information that the director requires.

C. Each applicant, and each partner, officer, director or agent or each stockholder
owning twenty per cent or more of a corporation, seeking a new license shall provide:

1. A full set of fingerprints to the department for the purpose of obtaining a
state and federal criminal records check pursuant to section 41-1750 and Public Law
92-544. The department of public safety may exchange this fingerprint data with the
federal bureau of investigation.

2. A nonrefundable fee to be paid to the department of public safety for the
criminal records check.

D. If a licensee adds or changes a partner, officer, director or agent, or a
stockholder who owns twenty per cent or more of the corporation, who was not included in
the criminal records check on a prior application, the licensee shall notify the
department within thirty days of the change. At the time of notification, an application
and, if applicable, a full set of fingerprints and the fee for a criminal records check
shall be submitted to the department. If any individual who is added or changed by the
licensee is found to be ineligible pursuant to section 28-4365, the director, on
completion of the criminal records check, shall advise the licensee and the individual in
writing that the license will be revoked, unless the individual is removed from the
position, and of the grounds for the action.

E. The requirement for a criminal records check:

1. Does not apply to a manufacturer, importer, factory branch or distributor or a
person who is under eighteen years of age on the date the application is filed with the
department.

2. May not apply if the application is for a subsequent license and the applicant,
and each partner, officer, director or agent or each stockholder owning twenty per cent
or more of a corporation, either:

(a) Have submitted to a criminal records check during the past five years.

(b) Are currently licensed under this section.