reglab/housing_qa huggingface dataset:
NE Code § 45-925 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-925 - Violations; orders authorized; administrative fine; lien; failure to pay; separate violation.

45-925.  Violations; orders authorized; administrative fine; lien; failure to pay; separate violation.(1) If the director finds, after notice and hearing in accordance with the Administrative Procedure Act, that any person has violated the Delayed Deposit Services Licensing Act or any rule, regulation, or order of the director thereunder, the director may order such person to pay (a) an administrative fine of not more than five thousand dollars for each separate violation and (b) the costs of investigation.(2) If any person is found to have violated subdivision (1)(e), (1)(f), or (1)(g) of section 45-919, the director may also order such person to (a) return to the maker or makers all fees collected plus all or part of the amount of the check or checks which the licensee accepted in violation of such subdivision or subdivisions and (b) for a period up to one year not engage in any delayed deposit transaction with any maker for at least three days after the completion of a delayed deposit transaction with the same maker. If a person fails to pay an administrative fine and the costs of investigation ordered pursuant to subsection (1) of this section, a lien in the amount of such fine and costs may be imposed upon all assets and property of such person in this state and may be recovered in a civil action by the director. Failure of the person to pay such fine and costs shall constitute a separate violation of the act.Source   Laws 1994, LB 967, § 25;  Laws 2006, LB 876, § 46.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 45-926 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-926 - Operating without a license; penalty.

45-926.  Operating without a license; penalty.Any person required to be licensed under the Delayed Deposit Services Licensing Act who operates a delayed deposit services business in this state without first obtaining a license under the act or while such license is suspended or revoked by the director shall be guilty of a Class IV felony.Source  Laws 1994, LB 967, § 26.
NE Code § 45-927 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-927 - Fees, charges, costs, and fines; distribution.

45-927.  Fees, charges, costs, and fines; distribution.(1) The director shall collect fees, charges, costs, and fines under the Delayed Deposit Services Licensing Act and remit them to the State Treasurer. Except as provided in subsection (2) of this section, the State Treasurer shall credit the fees, charges, and costs to the Financial Institution Assessment Cash Fund and distribute the fines in accordance with Article VII, section 5, of the Constitution of Nebraska.(2) For fees collected pursuant to section 45-910, the State Treasurer shall (a) credit one hundred fifty dollars of each renewal fee for a main office to the Financial Institution Assessment Cash Fund and three hundred fifty dollars of each renewal fee for a main office to the Financial Literacy Cash Fund and (b) credit one hundred dollars of each renewal fee for a branch office to the Financial Institution Assessment Cash Fund and four hundred dollars of each renewal fee for a branch office to the Financial Literacy Cash Fund.Source   Laws 1994, LB 967, § 27;   Laws 1995, LB 599, § 15;  Laws 2007, LB124, § 53;  Laws 2012, LB269, § 3.
NE Code § 45-928 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-928 - Personal jurisdiction over licensee.

45-928.  Personal jurisdiction over licensee.Obtaining a license pursuant to the Delayed Deposit Services Licensing Act shall constitute sufficient contact with the state for the exercise of personal jurisdiction over the licensee in any action arising out of the licensee's activities in this state.Source  Laws 1994, LB 967, § 28.
NE Code § 45-929 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-929 - Director; rules and regulations; additional powers.

45-929.  Director; rules and regulations; additional powers.The director may adopt and promulgate rules and regulations and issue orders, rulings, findings, and demands as may be necessary to carry out the purposes of the Delayed Deposit Services Licensing Act.Source  Laws 1994, LB 967, § 29.
NE Code § 45-930 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-930 - Financial Literacy Cash Fund; created; use; investment.

45-930.  Financial Literacy Cash Fund; created; use; investment.The Financial Literacy Cash Fund is created. Amounts credited to the fund shall include that portion of each renewal fee as provided in section 45-927 and such other revenue as is incidental to administration of the fund. The fund shall be administered by the University of Nebraska and shall be used to provide assistance to nonprofit entities that offer financial literacy programs to students in grades kindergarten through twelve. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source Laws 2012, LB269, § 4.Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 45-931 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-931 - Licensees; annual report; contents; department; duties; report.

45-931.  Licensees; annual report; contents; department; duties; report.(1) Licensees shall, on an annual basis, provide the following information to the director, in a uniform manner prescribed by the department: Total number of makers; total number of transactions; average transaction size; total contracted transaction charges; total transaction actual charges; number of defaulted transactions; number of charged-off transactions; dollar value of transactions charged off; number of nonnegotiable check fees and dollar value for the same; average contracted annual percentage rate; and any other nonprivate information which may be requested in the discretion of the director.(2) The department shall compile the total number of licensees operating in this state by location and the information required in subsection (1) of this section regarding the transaction activities of licensees and makers under the Delayed Deposit Services Licensing Act and shall report electronically to the Clerk of the Legislature on or before December 1, 2018, and annually thereafter.Source Laws 2018, LB194, § 19.
NE Code § 45-1001 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1001 - Act, how cited.

45-1001.  Act, how cited.Sections 45-1001 to 45-1070 shall be known and may be cited as the Nebraska Installment Loan Act.Source  Laws 2001, LB 53, § 29;  Laws 2005, LB 533, § 57;  Laws 2009, LB328, § 40;  Laws 2018, LB194, § 20.
NE Code § 45-1003 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1003 - Installment loans; financial institution ineligible.

45-1003.  Installment loans; financial institution ineligible.No financial institution is eligible for a license or to make loans under the Nebraska Installment Loan Act.Source   Laws 1965, c. 31, § 3, p. 214;   R.S.1943, (1987), § 8-817;   Laws 1988, LB 795, § 6;   R.S.1943, (1998), § 45-115;  Laws 2001, LB 53, § 31;  Laws 2003, LB 131, § 31;  Laws 2003, LB 217, § 39.  Annotations Notwithstanding interest rate limits under Nebraska statutes, national bank in Nebraska can legally charge, on credit card transactions, same rates allowed by section 45-114 et seq. Fisher v. First Nat. Bank of Omaha, 548 F.2d 255 (8th Cir. 1977).
NE Code § 45-1004 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1004 - Installment loans; license required, when; authority of licensee; affiliate of licensee; how treated.

45-1004.  Installment loans; license required, when; authority of licensee; affiliate of licensee; how treated.(1)(a) Any person may, after procuring a license from the department, engage or continue in the business of making loans of money and charge, contract for, and receive the maximum for interest and other charges in accordance with the authorization and requirements of the Nebraska Installment Loan Act.(b) A license shall also be required for any person that holds or acquires any rights of ownership, servicing, or other forms of participation in a loan under the Nebraska Installment Loan Act or that engages with, or conducts loan activity with, an installment loan borrower in connection with a loan under the act.(2)(a) A license is not required for an affiliate of a licensee if the activities of the affiliate in this state are limited solely to the securitization of loans made by the licensee and the servicing rights to the loans are retained by the licensee or assigned or otherwise transferred to a financial institution, licensee, or permittee.(b) For purposes of this subsection:(i) Affiliate means an entity that controls, is controlled by, or is under common control with another entity;(ii) Control means to own directly or indirectly or to control in any manner twenty-five percent of the voting shares of an entity or to control in any manner the election of the majority of directors of any entity; and(iii) Securitization means the placing of individual installment loans made by licensees into a commingled or pooled security that is subsequently sold or otherwise transferred to another entity.(c) Nothing in this subsection shall be construed to exempt a licensee or affiliate from the Securities Act of Nebraska.Source   Laws 1941, c. 90, § 4, p. 346;   C.S.Supp.,1941, § 45-132;   Laws 1943, c. 108, § 3, p. 376;   R.S.1943, § 45-116;   Laws 1997, LB 555, § 4;  Laws 2000, LB 932, § 29;   R.S.Supp.,2000, § 45-116;  Laws 2001, LB 53, § 32;  Laws 2021, LB363, § 27.   Effective Date: March 18, 2021  Cross References  Securities Act of Nebraska, see section 8-1123.Annotations Licensee may charge rates authorized by Installment Loan Act. Pattavina v. Pignotti, 177 Neb. 217, 128 N.W.2d 817 (1964).
NE Code § 45-1005 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1005 - Installment loans; license; application; fee.

45-1005.  Installment loans; license; application; fee.Any person who desires to obtain an original license to engage in the business of lending money under the terms and conditions of the Nebraska Installment Loan Act or an original license to hold or acquire any rights of ownership, servicing, or other forms of participation in a loan under the act or to engage with, or conduct loan activity with, an installment loan borrower in connection with a loan under the act, shall apply to the department for the license under oath, on a form prescribed by the department, and pay an original license fee of five hundred dollars. If the applicant is an individual, the application shall include the applicant's social security number.Source   Laws 1941, c. 90, § 5, p. 346;   C.S.Supp.,1941, § 45-133;   R.S.1943, § 45-117;   Laws 1973, LB 39, § 1;   Laws 1979, LB 87, § 2;   Laws 1997, LB 555, § 5;   Laws 1997, LB 752, § 115;   R.S.1943, (1998), § 45-117;  Laws 2001, LB 53, § 33;  Laws 2005, LB 533, § 58;  Laws 2010, LB892, § 20;  Laws 2021, LB363, § 28.   Effective Date: March 18, 2021  Annotations Amendment to this section in 1963 Special Session by Legislative Bill 11 was unconstitutional as special legislation. State Securities Co. v. Ley, 177 Neb. 251, 128 N.W.2d 766 (1964).
NE Code § 45-1006 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1006 - Installment loans; application hearing; protest; procedure.

45-1006.  Installment loans; application hearing; protest; procedure.(1) When an application for an original installment loan license has been accepted by the director as substantially complete, notice of the filing of the application shall be published by the department three successive weeks in a legal newspaper published in or of general circulation in the county where the applicant proposes to operate the business of lending money. A public hearing shall be held on each application except as provided in subsection (2) of this section. The date for hearing shall not be less than thirty days after the last publication. Written protest against the issuance of the license may be filed with the department by any person not less than five days before the date set for hearing. The director, in his or her discretion, may grant a continuance. The costs of the hearing shall be paid by the applicant. The director may deny any application for license after hearing. The director shall, in his or her discretion, make examination and inspection concerning the propriety of the issuance of a license to any applicant. The cost of such examination and inspection shall be paid by the applicant.(2) The director may waive the hearing requirements of subsection (1) of this section if (a) the applicant has held, and operated under, a license to engage in the business of lending money in Nebraska pursuant to the Nebraska Installment Loan Act for at least one calendar year immediately prior to the filing of the application, (b) no written protest against the issuance of the license has been filed with the department within fifteen days after publication of a notice of the filing of the application one time in a newspaper of general circulation in the county where the applicant proposes to operate the business of lending money, and (c) in the judgment of the director, the experience, character, and general fitness of the applicant warrant the belief that the applicant will comply with the Nebraska Installment Loan Act.(3) The expense of any publication made pursuant to this section shall be paid by the applicant.Source   Laws 1941, c. 90, § 11, p. 349;   C.S.Supp.,1941, § 45-139;   R.S.1943, § 45-118;   Laws 1997, LB 555, § 6;  Laws 1999, LB 396, § 25;   R.S.Supp.,2000, § 45-118;  Laws 2001, LB 53, § 34;  Laws 2005, LB 533, § 59;  Laws 2008, LB851, § 25.
NE Code § 45-1008 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1008 - License; issuance; requirements; term.

45-1008.  License; issuance; requirements; term.Upon the filing of an application under the Nebraska Installment Loan Act, the payment of the license fee, and the approval of the required bond, the director shall investigate the facts regarding the applicant. If the director finds that (1) the experience, character, and general fitness of the applicant, of the applicant's partners or members if the applicant is a partnership, limited liability company, or association, and of the applicant's officers and directors if the applicant is a corporation, are such as to warrant belief that the applicant will operate the business honestly, fairly, and efficiently within the purposes of the act, and (2) allowing the applicant to engage in business will promote the convenience and advantage of the community in which the business of the applicant is to be conducted, the department shall issue and deliver an original license to the applicant to make loans at the location specified in the application, in accordance with the act. The license shall remain in full force and effect until the following December 31 and from year to year thereafter, if and when renewed under the act, until it is surrendered by the licensee or canceled, suspended, or revoked under the act.Source   Laws 1941, c. 90, § 12, p. 349;   C.S.Supp.,1941, § 45-140;   R.S.1943, § 45-120;   Laws 1993, LB 121, § 265;   Laws 1997, LB 555, § 8;   R.S.1943, (1998), § 45-120;  Laws 2001, LB 53, § 36;  Laws 2009, LB328, § 43;  Laws 2013, LB279, § 4. Annotations Department of Banking may restrict number of licensees. Motors Acceptance Corp. v. McLain, 154 Neb. 354, 47 N.W.2d 919 (1951).
NE Code § 45-1009 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1009 - License; application; grant or denial; time allowed; abandoned application; department; powers.

45-1009.  License; application; grant or denial; time allowed; abandoned application; department; powers.(1) The department shall approve or deny every application for license under section 45-1008 within ninety days after the filing of an application, if the application is substantially complete and is accompanied by the required fees and the approved bond.(2) If an applicant for a license under section 45-1008 does not complete the license application and fails to respond to a notice or notices from the department to correct the deficiency or deficiencies for a period of one hundred twenty days or more after the date the department sends the initial notice to correct the deficiency or deficiencies, the department may deem the application as abandoned and may issue a notice of abandonment of the application to the applicant in lieu of proceedings to deny the application.Source   Laws 1941, c. 90, § 12, p. 350;   C.S.Supp.,1941, § 45-140;   R.S.1943, § 45-121;  Laws 1999, LB 396, § 26;   R.S.Supp.,2000, § 45-121;  Laws 2001, LB 53, § 37;  Laws 2017, LB185, § 3.
NE Code § 45-1010 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1010 - Installment loans; licenses; limitations as to business and persons.

45-1010.  Installment loans; licenses; limitations as to business and persons.Not more than one place of business shall be maintained under the same license, but more than one license may be issued to the same licensee upon compliance with all provisions of the Nebraska Installment Loan Act governing the issuance of an original license, for each such new license.Source   Laws 1941, c. 90, § 5, p. 346;   C.S.Supp.,1941, § 45-133;   R.S.1943, § 45-122;   R.S.1943, (1998), § 45-122;  Laws 2001, LB 53, § 38.
NE Code § 45-1011 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1011 - Installment loans; place of business; separate office required; exceptions; enforcement.

45-1011.  Installment loans; place of business; separate office required; exceptions; enforcement.No licensee shall conduct the business of making loans under the Nebraska Installment Loan Act within any office, room, or place of business in which any other business is solicited or engaged in, or in association or conjunction with any other business, if the director finds that the other business is of such nature that the conducting of such other business tends to conceal evasion of the act or of the rules and regulations adopted and promulgated under the act. In such case, the director shall order such licensee in writing to cease and desist from such conduct.Source   Laws 1941, c. 90, § 22, p. 354;   C.S.Supp.,1941, § 45-150;   R.S.1943, § 45-123;   Laws 1953, c. 155, § 1, p. 489;   Laws 1997, LB 555, § 9;   R.S.1943, (1998), § 45-123;  Laws 2001, LB 53, § 39.  Annotations Where unauthorized business was conducted, loan was void and uncollectible. Grand Island Finance Co. v. Eacker, 155 Neb. 546, 52 N.W.2d 805 (1952).
NE Code § 45-1012 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1012 - Licensee; service of process.

45-1012.  Licensee; service of process.Obtaining a license constitutes sufficient contact with this state for the exercise of personal jurisdiction over the licensee in any action arising out of the licensee's activity in this state.Source   Laws 1941, c. 90, § 7, p. 347;   C.S.Supp.,1941, § 45-135;   R.S.1943, § 45-124;   Laws 1983, LB 447, § 68;   R.S.1943, (1998), § 45-124;  Laws 2001, LB 53, § 40.  Annotations Service of process upon Director of Banking was proper in action to have installment loan declared void. McNish v. General Credit Corp., 164 Neb. 526, 83 N.W.2d 1 (1957).
NE Code § 45-1013 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1013 - Installment loans; license; renewal; fees; relocation of place of business; procedure; hearing; fee.

45-1013.  Installment loans; license; renewal; fees; relocation of place of business; procedure; hearing; fee.(1) For the annual renewal of an original license under the Nebraska Installment Loan Act, the licensee shall file with the department a fee of two hundred fifty dollars and a renewal application containing such information as the director may require to indicate any material change in the information contained in the original application or succeeding renewal applications.(2) For the relocation of its place of business, a licensee shall file with the department a fee of one hundred fifty dollars and an application containing such information as the director may require to determine whether the relocation should be approved. Upon receipt of the fee and application, the director shall publish a notice of the filing of the application in a newspaper of general circulation in the county where the licensee proposes to relocate. If the director receives any substantive objection to the proposed relocation within fifteen days after publication of such notice, he or she shall hold a hearing on the application in accordance with the Administrative Procedure Act and the rules and regulations adopted and promulgated under the act. The expense of any publication required by this section shall be paid by the applicant licensee.Source   Laws 1941, c. 90, § 6, p. 347;   C.S.Supp.,1941, § 45-134;   R.S.1943, § 45-126;   Laws 1973, LB 39, § 2;   Laws 1995, LB 599, § 9;   Laws 1997, LB 555, § 10;   R.S.1943, (1998), § 45-126;  Laws 2001, LB 53, § 41;  Laws 2005, LB 533, § 60;  Laws 2007, LB124, § 54;  Laws 2009, LB328, § 44;  Laws 2013, LB279, § 5. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 45-1014 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1014 - Installment loans; fees; disposition.

45-1014.  Installment loans; fees; disposition.All original license fees and annual renewal fees shall be collected by the department and remitted to the State Treasurer for credit to the Financial Institution Assessment Cash Fund. All investigation and examination fees, charges, and costs collected by or paid to the department shall likewise be remitted to the State Treasurer for credit to the Financial Institution Assessment Cash Fund and shall be available for the uses and purposes of the fund.Source   Laws 1941, c. 90, § 26, p. 355;   C.S.Supp.,1941, § 45-154;   R.S.1943, § 45-127;   Laws 1969, c. 584, § 46, p. 2373;   Laws 1973, LB 39, § 3;   Laws 1994, LB 967, § 31;   Laws 1995, LB 7, § 41;   Laws 1995, LB 599, § 10;   R.S.1943, (1998), § 45-127;  Laws 2001, LB 53, § 42;  Laws 2007, LB124, § 55.
NE Code § 45-1015 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1015 - Installment loans; doing business without license; penalty.

45-1015.  Installment loans; doing business without license; penalty.Any person who, by any device, subterfuge, or pretense whatsoever, engages in or continues any of the kinds of business or enterprise permitted to licensees by the Nebraska Installment Loan Act without having obtained the license required by the act, with intent to evade the provisions of the act, is guilty of a Class I misdemeanor.Source   Laws 1941, c. 90, § 14, p. 350;   C.S.Supp.,1941, § 45-142;   R.S.1943, § 45-128;   Laws 1977, LB 40, § 248;   Laws 1993, LB 121, § 266;   Laws 1997, LB 555, § 11;   R.S.1943, (1998), § 45-128;  Laws 2001, LB 53, § 43.  Annotations  Conviction under this section is not a condition precedent to imposition of civil penalty. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 803, 97 N.W.2d 583 (1959). Statute is penal in character and voids entire contract in case of violation. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959). Penalties of act applied to nonlicensees. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956). If exactions of interest are usurious, whole obligation is void and uncollectible. State ex rel. Beck v. Associates Discount Corp., 161 Neb. 410, 73 N.W.2d 673 (1955).