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.

(c) Each principal officer if the applicant is a corporation.

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.

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.

(c) Each principal officer if the applicant is a corporation.

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.