45-1019 Cease and desist order; hearing; judicial review; enforcement; violation; penalty. - Nebraska Statutes

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Statutes > Nebraska > Chapter45 > 45-1019

45-1019. Ceaseand desist order; hearing; judicial review; enforcement; violation; penalty.(1) The department mayorder any person to cease and desist whenever the department determines thatthe person has violated any provision of the Nebraska Installment Loan Act.Upon entry of a cease and desist order, the director shall promptly notifythe affected person that such order has been entered, of the reasons for suchorder, and that upon receipt, within fifteen business days after the dateof the order, of written request from the affected person a hearing will bescheduled within thirty business days after the date of receipt of the writtenrequest unless the parties consent to a later date or the hearing officersets a later date for good cause. If a hearing is not requested and none isordered by the director, the order shall remain in effect until it is modifiedor vacated.(2)The director may vacate or modify a cease and desist order if he or she findsthat the conditions which caused its entry have changed or that it is otherwisein the public interest to do so.(3) A person aggrieved by a cease and desist orderof the director may obtain judicial review of the order in the manner prescribedin the Administrative Procedure Act and the rules and regulations adoptedand promulgated by the department under the act. The director may obtain anorder from the district court of Lancaster County for the enforcement of thecease and desist order.(4)A person who violates a cease and desist order of the director may, afternotice and hearing and upon further order of the director, be subject to apenalty of not more than five thousand dollars for each act in violation ofthe cease and desist order. The department shall remit fines collected underthis section to the State Treasurer for distribution in accordance with ArticleVII, section 5, of the Constitution of Nebraska. SourceLaws 1941, c. 90, § 10, p. 349; C.S.Supp.,1941, § 45-138; R.S.1943, § 45-132; Laws 1997, LB 555, § 14; R.S.1943, (1998), § 45-132; Laws 2001, LB 53, § 47; Laws 2009, LB328, § 46. Cross ReferencesAdministrative Procedure Act, see section 84-920.

State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-1019

45-1019. Ceaseand desist order; hearing; judicial review; enforcement; violation; penalty.(1) The department mayorder any person to cease and desist whenever the department determines thatthe person has violated any provision of the Nebraska Installment Loan Act.Upon entry of a cease and desist order, the director shall promptly notifythe affected person that such order has been entered, of the reasons for suchorder, and that upon receipt, within fifteen business days after the dateof the order, of written request from the affected person a hearing will bescheduled within thirty business days after the date of receipt of the writtenrequest unless the parties consent to a later date or the hearing officersets a later date for good cause. If a hearing is not requested and none isordered by the director, the order shall remain in effect until it is modifiedor vacated.(2)The director may vacate or modify a cease and desist order if he or she findsthat the conditions which caused its entry have changed or that it is otherwisein the public interest to do so.(3) A person aggrieved by a cease and desist orderof the director may obtain judicial review of the order in the manner prescribedin the Administrative Procedure Act and the rules and regulations adoptedand promulgated by the department under the act. The director may obtain anorder from the district court of Lancaster County for the enforcement of thecease and desist order.(4)A person who violates a cease and desist order of the director may, afternotice and hearing and upon further order of the director, be subject to apenalty of not more than five thousand dollars for each act in violation ofthe cease and desist order. The department shall remit fines collected underthis section to the State Treasurer for distribution in accordance with ArticleVII, section 5, of the Constitution of Nebraska. SourceLaws 1941, c. 90, § 10, p. 349; C.S.Supp.,1941, § 45-138; R.S.1943, § 45-132; Laws 1997, LB 555, § 14; R.S.1943, (1998), § 45-132; Laws 2001, LB 53, § 47; Laws 2009, LB328, § 46. Cross ReferencesAdministrative Procedure Act, see section 84-920.

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State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-1019

45-1019. Ceaseand desist order; hearing; judicial review; enforcement; violation; penalty.(1) The department mayorder any person to cease and desist whenever the department determines thatthe person has violated any provision of the Nebraska Installment Loan Act.Upon entry of a cease and desist order, the director shall promptly notifythe affected person that such order has been entered, of the reasons for suchorder, and that upon receipt, within fifteen business days after the dateof the order, of written request from the affected person a hearing will bescheduled within thirty business days after the date of receipt of the writtenrequest unless the parties consent to a later date or the hearing officersets a later date for good cause. If a hearing is not requested and none isordered by the director, the order shall remain in effect until it is modifiedor vacated.(2)The director may vacate or modify a cease and desist order if he or she findsthat the conditions which caused its entry have changed or that it is otherwisein the public interest to do so.(3) A person aggrieved by a cease and desist orderof the director may obtain judicial review of the order in the manner prescribedin the Administrative Procedure Act and the rules and regulations adoptedand promulgated by the department under the act. The director may obtain anorder from the district court of Lancaster County for the enforcement of thecease and desist order.(4)A person who violates a cease and desist order of the director may, afternotice and hearing and upon further order of the director, be subject to apenalty of not more than five thousand dollars for each act in violation ofthe cease and desist order. The department shall remit fines collected underthis section to the State Treasurer for distribution in accordance with ArticleVII, section 5, of the Constitution of Nebraska. SourceLaws 1941, c. 90, § 10, p. 349; C.S.Supp.,1941, § 45-138; R.S.1943, § 45-132; Laws 1997, LB 555, § 14; R.S.1943, (1998), § 45-132; Laws 2001, LB 53, § 47; Laws 2009, LB328, § 46. Cross ReferencesAdministrative Procedure Act, see section 84-920.