8-1017 Investigation or proceeding; enforcement of act; director; powers; failure to comply with act; effect. - Nebraska Statutes

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Statutes > Nebraska > Chapter8 > 8-1017

8-1017. Investigation or proceeding; enforcement of act; director; powers; failure to comply with act; effect.(1) For the purpose of any investigation or proceeding under the Nebraska Sale of Checks and Funds Transmission Act, the director or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry. If any person refuses to comply with a subpoena issued under this section or to testify with respect to any matter relevant to the proceeding, the district court of Lancaster County may, on application of the director, issue an order requiring the person to comply with the subpoena and to testify. Failure to obey an order of the court to comply with the subpoena may be punished by the court as civil contempt.(2) The director may request the Attorney General to enforce the act. A civil enforcement action by the Attorney General may be filed in the district court of Lancaster County. A civil enforcement action by the Attorney General may seek temporary and permanent injunctive relief, restitution for a customer aggrieved by a violation of the act, and costs for the investigation and prosecution of the enforcement action.(3) Failure to comply with the act shall not affect the validity or enforceability of any transaction. A person entering into a transaction pursuant to the act is not required to ascertain the extent of compliance with the act.(4) Nothing in the act shall limit any statutory or common-law right of any person to bring any action in any court for any act involved in the sale of checks or funds transmission business or the right of the state to punish any person for any violation of law. SourceLaws 2006, LB 876, § 19.

State Codes and Statutes

Statutes > Nebraska > Chapter8 > 8-1017

8-1017. Investigation or proceeding; enforcement of act; director; powers; failure to comply with act; effect.(1) For the purpose of any investigation or proceeding under the Nebraska Sale of Checks and Funds Transmission Act, the director or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry. If any person refuses to comply with a subpoena issued under this section or to testify with respect to any matter relevant to the proceeding, the district court of Lancaster County may, on application of the director, issue an order requiring the person to comply with the subpoena and to testify. Failure to obey an order of the court to comply with the subpoena may be punished by the court as civil contempt.(2) The director may request the Attorney General to enforce the act. A civil enforcement action by the Attorney General may be filed in the district court of Lancaster County. A civil enforcement action by the Attorney General may seek temporary and permanent injunctive relief, restitution for a customer aggrieved by a violation of the act, and costs for the investigation and prosecution of the enforcement action.(3) Failure to comply with the act shall not affect the validity or enforceability of any transaction. A person entering into a transaction pursuant to the act is not required to ascertain the extent of compliance with the act.(4) Nothing in the act shall limit any statutory or common-law right of any person to bring any action in any court for any act involved in the sale of checks or funds transmission business or the right of the state to punish any person for any violation of law. SourceLaws 2006, LB 876, § 19.

State Codes and Statutes

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State Codes and Statutes

Statutes > Nebraska > Chapter8 > 8-1017

8-1017. Investigation or proceeding; enforcement of act; director; powers; failure to comply with act; effect.(1) For the purpose of any investigation or proceeding under the Nebraska Sale of Checks and Funds Transmission Act, the director or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry. If any person refuses to comply with a subpoena issued under this section or to testify with respect to any matter relevant to the proceeding, the district court of Lancaster County may, on application of the director, issue an order requiring the person to comply with the subpoena and to testify. Failure to obey an order of the court to comply with the subpoena may be punished by the court as civil contempt.(2) The director may request the Attorney General to enforce the act. A civil enforcement action by the Attorney General may be filed in the district court of Lancaster County. A civil enforcement action by the Attorney General may seek temporary and permanent injunctive relief, restitution for a customer aggrieved by a violation of the act, and costs for the investigation and prosecution of the enforcement action.(3) Failure to comply with the act shall not affect the validity or enforceability of any transaction. A person entering into a transaction pursuant to the act is not required to ascertain the extent of compliance with the act.(4) Nothing in the act shall limit any statutory or common-law right of any person to bring any action in any court for any act involved in the sale of checks or funds transmission business or the right of the state to punish any person for any violation of law. SourceLaws 2006, LB 876, § 19.