28-4496. Licensed dealer or automotive
recycler; hearing; civil penalty
A. Notwithstanding section 28-4495, the director may conduct a hearing pursuant to
section 28-4491 if the director alleges that a licensed dealer or automotive recycler
refuses or fails to comply with a cease and desist order issued pursuant to section
28-4498.
B. The director shall hold the hearing at least fifteen but not more than thirty
days after service of a written notice. The director shall send the notice by personal
delivery or certified mail to the address provided to the department in the report
alleging the noncompliance.
C. A finding that a licensed dealer or automotive recycler is in violation of this
chapter requires that all 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 the requirements
of section 28-4498.
2. A determination that the person ordered to appear at the hearing is responsible
for the violation.
D. If after reviewing the allegations and results of the hearing the director
determines that the licensed dealer or automotive recycler is in violation of this
chapter, the director may impose the 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.
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