Neb. Rev. Stat. § 45-341 — NE Code / Chapter 45 / Section 45-341
View Statute 45-341
Status: in_force

(1) A licensee may voluntarily surrender a license at any time by delivering to the director written notice of the surrender. The department shall cancel the license following such surrender.

(2) The director may, following a hearing under the Administrative Procedure Act and the rules and regulations adopted and promulgated by the department under the Nebraska Installment Loan and Sales Act, suspend or revoke any license issued pursuant to the Nebraska Installment Loan and Sales Act. The director may also impose an administrative fine on the licensee for each separate violation of the Nebraska Installment Loan and Sales Act. The department shall remit fines collected under this subsection to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. The director may suspend or revoke a license or fine a licensee under this subsection if the director finds:

(a) The licensee has materially violated or demonstrated a continuing pattern of violating the Nebraska Installment Loan and Sales Act, rules and regulations adopted and promulgated under the Nebraska Installment Loan and Sales Act, any order issued under the Nebraska Installment Loan and Sales Act, or any other state or federal law applicable to the conduct of the licensee's business;

(b) A fact or condition exists which if such fact or condition had existed at the time of the original application for the license, would have warranted the director to deny the license application of the licensee;

(c) The licensee has violated a voluntary consent or compliance agreement which had been entered into with the director;

(d) The licensee has knowingly provided or caused to be provided to the director any false or fraudulent representation of a material fact or any false or fraudulent financial statement or suppressed or withheld from the director any information which, if submitted by the licensee, would have resulted in denial of the license application of the licensee;

(e) The licensee has refused to permit an examination of the licensee by the director or failed to comply with a notice of investigation or inquiry pursuant to section 45-346 or failed to make any report required under section 45-345 . Each day the licensee continues in violation of this subdivision constitutes a separate violation;

(f) The licensee has failed to maintain records as required by the director following written notice. Each day the licensee continues in violation of this subdivision constitutes a separate violation;

(g) The licensee knowingly has employed any individual or knowingly has maintained a contractual relationship with any individual acting as an agent, if such individual has been convicted of, pleaded guilty to, or was found guilty after a plea of nolo contendere to:

(i) A misdemeanor under any state or federal law which involves dishonesty or fraud or which involves any aspect of the installment sales business, installment loan business, mortgage banking business, or financial institution business; or

(ii) Any felony under state or federal law;

(h) The licensee has violated the written restrictions or conditions under which the license was issued;

(i) The licensee or, if the licensee is a business entity, one of the officers, directors, members, partners, or controlling shareholders was found guilty after a plea of nolo contendere to:

(i) A misdemeanor under any state or federal law which involves dishonesty or fraud or which involves any aspect of the installment sales business, installment loan business, mortgage banking business, or financial institution business; or

(ii) Any felony under state or federal law; or

(j) The licensee knowingly has employed any individual or knowingly has maintained a contractual relationship with any individual acting as an agent, if such individual is conducting activities requiring a mortgage loan originator license in this state without first obtaining such license.

(3) If a licensee is a partnership, limited liability company, association, or corporation, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership or limited liability company has so acted or failed to act as would be cause for suspending or revoking a license to such party as an individual.

(4) No license shall be denied, suspended, or revoked except after hearing in accordance with the Administrative Procedure Act. The director shall give a licensee at least ten days' written notice, in the form of an order to show cause, of the time and place of such hearing by either registered or certified mail addressed to the principal place of business in this state of such licensee. Such notice shall contain the grounds of complaint against the licensee. Any order suspending or revoking such license shall recite the grounds upon which the order is based. The order shall be entered upon the records of the director and shall not be effective until after thirty days' written notice thereof given after such entry forwarded by either registered or certified mail to the licensee at the principal place of business in this state of such licensee.

(5) Revocation, suspension, cancellation, expiration, or surrender of any license shall not impair or affect the obligation of any lawful contract entered into or acquired previously thereto by the licensee.

(6) Revocation, suspension, cancellation, expiration, or surrender of any license shall not affect civil or criminal liability for acts committed before the revocation, suspension, cancellation, expiration, or surrender or affect liability for any fines which may be levied against the licensee or any of the licensee's officers, directors, shareholders, partners, or members pursuant to the Nebraska Installment Loan and Sales Act for acts committed before the revocation, suspension, cancellation, expiration, or surrender of the license.

(7) Whenever, for any cause, a license is revoked, the department shall not issue another license to the licensee unless the department is otherwise ordered by a court of competent jurisdiction to do so.

(8) At the request of the licensee or any other aggrieved person, the department shall prepare a written record which includes a transcript of the evidence, the findings with respect to the evidence, the order, and the reasons supporting the suspension, revocation, or denial of a license, and shall, after being paid for the cost of the written record, deliver to the licensee or other aggrieved person a copy of the written record in person or by certified or registered mail.

(9) Any person, licensee, or applicant potentially aggrieved by an order of the director entered under this section may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act.

Laws 1965, c. 268, § 8, p. 762;

Laws 1979, LB 478, § 2;

Laws 1989, LB 94, § 3;

Laws 1995, LB 339, § 1;

Laws 2025, LB474, § 62.

Administrative Procedure Act, see section 84-920 .