State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-1402

60-1402. Board; creation; membership; qualifications;appointment; term; per diem; traveling expenses.(1) Thereis hereby established the Nebraska Motor Vehicle Industry Licensing Boardwhich shall consist of the Director of Motor Vehicles, who shall be the chairperson of the board, and nine membersappointed by the Governor as follows: One factory representative, one memberof the general public, and one motorcycle dealer, all of whom shall be appointedfrom the state at large, one new motor vehicle dealer from each of the threecongressional districts of the state as the districts are constituted on October19, 1963, and two used motor vehicle dealers and one trailer dealer or combinationmotor vehicle or trailer dealer, not more than one used motor vehicle dealerbeing appointed from the same congressional district as they are constitutedon October 19, 1963, and the trailer dealer or combination motor vehicle ortrailer dealer being appointed from the state at large. No member of the board shall participate in anymanner in a proceeding before the board involving his or her licensed business.(2) On October 19, 1963, the Governor shall appoint a new motor vehicledealer and a trailer dealer or combination motor vehicle or trailer dealerto the board. In making the appointments, the Governor shall appoint one ofthe new members for one year and one for two years as designated by the Governor in making the appointments. OnJanuary 1, 1972, the Governor shall appoint one factory representative andone member of the general public to the board, designating one to serve fora term of one year and one for a term of two years. On January 1, 1974, theGovernor shall appoint one motorcycle dealer to serve for a term of threeyears. At the expiration of the term of any appointed member of the board,the Governor shall appoint a successor for a term of three years. In the eventof a vacancy on the board, the Governor shall fill such vacancy by appointinga member to serve during the unexpired term of the member whose office hasbecome vacant. No member appointed shall serve more than two consecutive terms.The action of the majority of the members of the board shall be deemed theaction of the board. All appointments made to the board, except the Directorof Motor Vehicles, shall be confirmed by the Legislature if in session. Inthe event the Legislature is not in session all appointments including appointmentsto fill a vacancy shall be temporary appointments until the next meeting ofthe Legislature when the Governor shall nominate some person to fill the office.Any person so nominated who is confirmed by the Legislature shall hold office during the remainderof the term. No appointed person may act as a member of the board while holdingany other elective or appointive state or federal office except the Directorof Motor Vehicles. All appointed members of the board shall be paid fiftydollars for each day actually engaged in the performance of their duties andbe entitled to their reasonable traveling expenses in the performance of theirduties. SourceLaws 1957, c. 280, § 2, p. 1014; Laws 1961, c. 282, § 2, p. 823; Laws 1963, c. 365, § 3, p. 1169; Laws 1971, LB 768, § 3; Laws 1973, LB 443, § 1; Laws 1974, LB 754, § 2; Laws 1978, LB 248, § 4; Laws 2010, LB816, § 54. Cross ReferencesFor current limits and designation of congressional districts, see section 32-504. AnnotationsThe composition of the Nebraska Motor Vehicle Industry Licensing Board is not inherently biased against automobile manufacturers, and therefore, the composition of the board does not violate the manufacturer's due process rights. Chrysler Motors Corp. v. Lee Janssen Motor Co., 248 Neb. 322, 534 N.W.2d 309 (1995).

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-1402

60-1402. Board; creation; membership; qualifications;appointment; term; per diem; traveling expenses.(1) Thereis hereby established the Nebraska Motor Vehicle Industry Licensing Boardwhich shall consist of the Director of Motor Vehicles, who shall be the chairperson of the board, and nine membersappointed by the Governor as follows: One factory representative, one memberof the general public, and one motorcycle dealer, all of whom shall be appointedfrom the state at large, one new motor vehicle dealer from each of the threecongressional districts of the state as the districts are constituted on October19, 1963, and two used motor vehicle dealers and one trailer dealer or combinationmotor vehicle or trailer dealer, not more than one used motor vehicle dealerbeing appointed from the same congressional district as they are constitutedon October 19, 1963, and the trailer dealer or combination motor vehicle ortrailer dealer being appointed from the state at large. No member of the board shall participate in anymanner in a proceeding before the board involving his or her licensed business.(2) On October 19, 1963, the Governor shall appoint a new motor vehicledealer and a trailer dealer or combination motor vehicle or trailer dealerto the board. In making the appointments, the Governor shall appoint one ofthe new members for one year and one for two years as designated by the Governor in making the appointments. OnJanuary 1, 1972, the Governor shall appoint one factory representative andone member of the general public to the board, designating one to serve fora term of one year and one for a term of two years. On January 1, 1974, theGovernor shall appoint one motorcycle dealer to serve for a term of threeyears. At the expiration of the term of any appointed member of the board,the Governor shall appoint a successor for a term of three years. In the eventof a vacancy on the board, the Governor shall fill such vacancy by appointinga member to serve during the unexpired term of the member whose office hasbecome vacant. No member appointed shall serve more than two consecutive terms.The action of the majority of the members of the board shall be deemed theaction of the board. All appointments made to the board, except the Directorof Motor Vehicles, shall be confirmed by the Legislature if in session. Inthe event the Legislature is not in session all appointments including appointmentsto fill a vacancy shall be temporary appointments until the next meeting ofthe Legislature when the Governor shall nominate some person to fill the office.Any person so nominated who is confirmed by the Legislature shall hold office during the remainderof the term. No appointed person may act as a member of the board while holdingany other elective or appointive state or federal office except the Directorof Motor Vehicles. All appointed members of the board shall be paid fiftydollars for each day actually engaged in the performance of their duties andbe entitled to their reasonable traveling expenses in the performance of theirduties. SourceLaws 1957, c. 280, § 2, p. 1014; Laws 1961, c. 282, § 2, p. 823; Laws 1963, c. 365, § 3, p. 1169; Laws 1971, LB 768, § 3; Laws 1973, LB 443, § 1; Laws 1974, LB 754, § 2; Laws 1978, LB 248, § 4; Laws 2010, LB816, § 54. Cross ReferencesFor current limits and designation of congressional districts, see section 32-504. AnnotationsThe composition of the Nebraska Motor Vehicle Industry Licensing Board is not inherently biased against automobile manufacturers, and therefore, the composition of the board does not violate the manufacturer's due process rights. Chrysler Motors Corp. v. Lee Janssen Motor Co., 248 Neb. 322, 534 N.W.2d 309 (1995).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-1402

60-1402. Board; creation; membership; qualifications;appointment; term; per diem; traveling expenses.(1) Thereis hereby established the Nebraska Motor Vehicle Industry Licensing Boardwhich shall consist of the Director of Motor Vehicles, who shall be the chairperson of the board, and nine membersappointed by the Governor as follows: One factory representative, one memberof the general public, and one motorcycle dealer, all of whom shall be appointedfrom the state at large, one new motor vehicle dealer from each of the threecongressional districts of the state as the districts are constituted on October19, 1963, and two used motor vehicle dealers and one trailer dealer or combinationmotor vehicle or trailer dealer, not more than one used motor vehicle dealerbeing appointed from the same congressional district as they are constitutedon October 19, 1963, and the trailer dealer or combination motor vehicle ortrailer dealer being appointed from the state at large. No member of the board shall participate in anymanner in a proceeding before the board involving his or her licensed business.(2) On October 19, 1963, the Governor shall appoint a new motor vehicledealer and a trailer dealer or combination motor vehicle or trailer dealerto the board. In making the appointments, the Governor shall appoint one ofthe new members for one year and one for two years as designated by the Governor in making the appointments. OnJanuary 1, 1972, the Governor shall appoint one factory representative andone member of the general public to the board, designating one to serve fora term of one year and one for a term of two years. On January 1, 1974, theGovernor shall appoint one motorcycle dealer to serve for a term of threeyears. At the expiration of the term of any appointed member of the board,the Governor shall appoint a successor for a term of three years. In the eventof a vacancy on the board, the Governor shall fill such vacancy by appointinga member to serve during the unexpired term of the member whose office hasbecome vacant. No member appointed shall serve more than two consecutive terms.The action of the majority of the members of the board shall be deemed theaction of the board. All appointments made to the board, except the Directorof Motor Vehicles, shall be confirmed by the Legislature if in session. Inthe event the Legislature is not in session all appointments including appointmentsto fill a vacancy shall be temporary appointments until the next meeting ofthe Legislature when the Governor shall nominate some person to fill the office.Any person so nominated who is confirmed by the Legislature shall hold office during the remainderof the term. No appointed person may act as a member of the board while holdingany other elective or appointive state or federal office except the Directorof Motor Vehicles. All appointed members of the board shall be paid fiftydollars for each day actually engaged in the performance of their duties andbe entitled to their reasonable traveling expenses in the performance of theirduties. SourceLaws 1957, c. 280, § 2, p. 1014; Laws 1961, c. 282, § 2, p. 823; Laws 1963, c. 365, § 3, p. 1169; Laws 1971, LB 768, § 3; Laws 1973, LB 443, § 1; Laws 1974, LB 754, § 2; Laws 1978, LB 248, § 4; Laws 2010, LB816, § 54. Cross ReferencesFor current limits and designation of congressional districts, see section 32-504. AnnotationsThe composition of the Nebraska Motor Vehicle Industry Licensing Board is not inherently biased against automobile manufacturers, and therefore, the composition of the board does not violate the manufacturer's due process rights. Chrysler Motors Corp. v. Lee Janssen Motor Co., 248 Neb. 322, 534 N.W.2d 309 (1995).