28-5003

28-5003. Licensing procedure

A. A person shall apply to the director in writing for an application on forms
prescribed by the director.

B. The application shall be verified and shall contain:

1. The name and residence of either:

(a) The applicant.

(b) Each partner if the applicant is a partnership.

2. The principal place of business of the applicant.

3. The established place of business at or from which the business will be
conducted.

4. Other information the director requires.

C. The applicant shall submit the following with the application:

1. All documents and bonds required.

2. Annual license fees prescribed by section 28-5005.

3. For each applicant, and each partner, officer, director or agent or each
stockholder owning twenty per cent or more of a corporation, both of the following:

(a) A full set of fingerprints 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.

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

D. On filing of the application, the director:

1. Shall promptly investigate the matters stated in the application.

2. Shall inspect the place from which the applicant proposes to transact business.

3. May further investigate as the director deems necessary.

E. The director may approve an application for provisional licensure pending
completion of the criminal records check if the applicant meets all other requirements of
this chapter. The director may revoke a provisional license for a violation of this
title. A provisional license is valid unless revoked by the director or until the
applicant receives approval or denial of the application for licensure.

F. Within twenty days after completion of a criminal records check, the director
shall approve or deny the application for the issuance of a license. If the application
is denied, the director shall advise the applicant in writing of the denial and the
grounds for the denial. The director may deny an application for a license if:

1. An individual included in the application made a misrepresentation, omission or
misstatement in the application to conceal a matter that may cause the application to be
denied.

2. An individual included in the application has been convicted of fraud or an auto
related felony in a state, territory or possession of the United States or a foreign
country within the ten years immediately preceding the date the criminal records check is
complete.

3. An individual included in the application has been convicted of a felony, other
than a felony described in paragraph 2 of this subsection, in a state, territory or
possession of the United States or a foreign country within the five years immediately
preceding the date the criminal records check is complete.

G. 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 this section, 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.