28-5108

28-5108. Cancellation or suspension of
authorization or certification; hearing; appeal

A. The director may suspend or cancel an authorization or certification, or both,
granted pursuant to this article if the director determines that the third party or
certificate holder has done any of the following:

1. Made a material misrepresentation or misstatement in the application for
authorization or certification.

2. Violated a law of this state.

3. Violated a rule or policy adopted by the department.

4. Failed to keep and maintain records required by this article.

5. Allowed an unauthorized person to engage in any business pursuant to this
article.

6. Been involved in any activity that the director determines to be inappropriate
in relation to the authority granted.

B. The director may suspend or cancel an authorization or certification, or both,
granted pursuant to this chapter if the director determines that an individual included
in the application for authorization or certification:

1. Made a misrepresentation, omission or misstatement in the application to conceal
a matter that may cause the application to be denied.

2. 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 a criminal records check is complete.

3. 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 a criminal records check is
complete.

C. The director shall suspend or cancel an authorization of a third party granted
pursuant to this article if the director determines that the third party failed to
maintain the bond required pursuant to section 28-5104.

D. On determining that grounds for suspension or cancellation of an authorization
or certification, or both, exist, the director shall give written notice to the third
party or certificate holder to appear at a hearing before the director to show cause why
the authorization or certification should not be suspended or canceled.

E. After consideration of the evidence presented at the hearing, the director shall
serve notice of the director's finding and order to the third party or certificate
holder.

F. If a third party authorization or a certification is suspended or canceled, the
third party or certificate holder may appeal the decision pursuant to title 12, chapter
7, article 6.