reglab/housing_qa huggingface dataset:
NE Code § 45-1016 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1016 - Installment loans; rules and regulations; power of Department of Banking and Finance.

45-1016.  Installment loans; rules and regulations; power of Department of Banking and Finance.The director may adopt and promulgate rules and regulations and issue orders, rulings, demands, and findings to carry out the purposes of the Nebraska Installment Loan Act.Source   Laws 1941, c. 90, § 23, p. 354;   C.S.Supp.,1941, § 45-151;   R.S.1943, § 45-129;   Laws 1997, LB 555, § 12;   R.S.1943, (1998), § 45-129;  Laws 2001, LB 53, § 44.
NE Code § 45-1017 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1017 - Licensees; business, records, and accounts; inspection; expenses; fines; lien.

45-1017.  Licensees; business, records, and accounts; inspection; expenses; fines; lien.(1) The department shall inspect the business, records, and accounts of all persons that lend money subject to the Nebraska Installment Loan Act. The department may examine or investigate complaints about or reports of alleged violations by a licensee made to the department. The department may inspect and investigate the business, records, and accounts of all persons in the public business of lending money contrary to the act and who do not have a license under the act. The director may appoint examiners who shall, under his or her direction, investigate the loans and business and conduct examinations of licensees as often as determined by the director. The expenses incurred by the department in examining licensees and in administering the act shall be charged to the licensee as set forth in sections 8-605 and 8-606.(2) Upon receipt by a licensee of a notice of investigation or inquiry request for information from the department, the licensee shall respond within twenty-one calendar days. Each day a licensee fails to respond as required by this subsection constitutes a separate violation.(3) If the director finds, after notice and opportunity for hearing in accordance with the Administrative Procedure Act, that any person has willfully and intentionally violated any provision of the Nebraska Installment Loan Act, any rule or regulation adopted and promulgated under the act, or any order issued under the act, the director may order such person to pay (a) an administrative fine of not more than one thousand dollars for each separate violation and (b) the costs of investigation. 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.(4) If a person fails to pay an administrative fine and the costs of investigation ordered pursuant to subsection (3) 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. The lien shall attach to the real property of such person when notice of the lien is filed and indexed against the real property in the office of the register of deeds in the county where the real property is located. The lien shall attach to any other property of such person when notice of the lien is filed against the property in the manner prescribed by law. Failure of the person to pay such fine and costs constitutes a separate violation of the act.Source   Laws 1941, c. 90, § 25, p. 355;   C.S.Supp.,1941, § 45-153;   R.S.1943, § 45-130;   Laws 1997, LB 137, § 21;   Laws 1997, LB 555, § 13;  Laws 1999, LB 396, § 27;   R.S.Supp.,2000, § 45-130;  Laws 2001, LB 53, § 45;  Laws 2004, LB 999, § 38;  Laws 2007, LB124, § 56;  Laws 2020, LB909, § 44.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 45-1018 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1018 - Licensees; reports.

45-1018.  Licensees; reports.(1) A licensee shall on or before March 1 of each year file with the department a report of the licensee's earnings and operations for the preceding calendar year, and its assets at the end of the year, and giving such other relevant information as the department may reasonably require. The report shall be made under oath and shall be in the form and manner prescribed by the department.(2) A licensee shall submit a mortgage report of condition as required by section 45-726, on or before a date or dates established by rule, regulation, or order of the director.Source   Laws 1941, c. 90, § 25, p. 355;   C.S.Supp.,1941, § 45-153;   R.S.1943, § 45-131;   R.S.1943, (1998), § 45-131;  Laws 2001, LB 53, § 46;  Laws 2003, LB 217, § 40;  Laws 2004, LB 999, § 39;  Laws 2009, LB328, § 45;  Laws 2010, LB892, § 21;  Laws 2013, LB279, § 6.
NE Code § 45-1019 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1019 - Cease and desist order; hearing; judicial review; enforcement; violation; penalty.

45-1019.  Cease and desist order; hearing; judicial review; enforcement; violation; penalty.(1) The department may order any person to cease and desist whenever the department determines that the person has violated any provision of the Nebraska Installment Loan Act. Upon entry of a cease and desist order, the director shall promptly notify the affected person that such order has been entered, of the reasons for such order, and that upon receipt, within fifteen business days after the date of the order, of written request from the affected person a hearing will be scheduled within thirty business days after the date of receipt of the written request unless the parties consent to a later date or the hearing officer sets a later date for good cause. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated.(2) The director may vacate or modify a cease and desist order if he or she finds that the conditions which caused its entry have changed or that it is otherwise in the public interest to do so.(3) A person aggrieved by a cease and desist order of the director may obtain judicial review of the order in the manner prescribed in the Administrative Procedure Act and the rules and regulations adopted and promulgated by the department under the act. The director may obtain an order from the district court of Lancaster County for the enforcement of the cease and desist order.(4) A person who violates a cease and desist order of the director may, after notice and hearing and upon further order of the director, be subject to a penalty of not more than five thousand dollars for each act in violation of the cease and desist order. The department shall remit fines collected under this section to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source   Laws 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 References  Administrative Procedure Act, see section 84-920.
NE Code § 45-1020 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1020 - Misleading advertising prohibited; enforcement.

45-1020.  Misleading advertising prohibited; enforcement.No licensee or other person subject to the Nebraska Installment Loan Act shall advertise, print, display, publish, distribute, or broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions for the lending of money, credit, goods, or things in action. The director may order any licensee to cease and desist from any conduct which he or she finds to be a violation of this section. The director may require that rates of charge, if stated by a licensee, be stated fully and clearly in such manner as the director deems necessary to prevent misunderstanding by prospective borrowers.Source   Laws 1941, c. 90, § 21, p. 353;   C.S.Supp.,1941, § 45-149;   R.S.1943, § 45-133;   Laws 1993, LB 121, § 267;   Laws 1997, LB 555, § 15;   R.S.1943, (1998), § 45-133;  Laws 2001, LB 53, § 48.
NE Code § 45-1021 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1021 - Installment loans; interest, defined.

45-1021.  Installment loans; interest, defined.The payment in money, credit, goods, or things in action, as consideration for any sale or assignment of, or order for, the payment of wages, salary, commission, or other compensation for services, whether earned or to be earned, shall, for purposes of regulation under the Nebraska Installment Loan Act, be deemed a loan secured by such assignment, and the amount by which the assigned compensation exceeds the amount of the consideration actually paid, shall, for the purposes of regulation under the act, be deemed interest or charges upon the loan from the date of payment to the date the compensation is payable. Such transaction shall be governed by and be subject to the act.Source   Laws 1941, c. 90, § 13, p. 350;   C.S.Supp.,1941, § 45-141;   R.S.1943, § 45-134;   Laws 1997, LB 555, § 16;   R.S.1943, (1998), § 45-134;  Laws 2001, LB 53, § 49.  Annotations Furnishing of insurance by wholly owned subsidiary was a device and subterfuge to collect additional compensation for money loaned. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
NE Code § 45-1022 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1022 - Installment loans; payment in advance; application of payments.

45-1022.  Installment loans; payment in advance; application of payments.Every licensee shall permit payment to be made in advance in any amount equal to one or more full installments on any loan contract at any time during regular business hours, but the licensee may apply such payment first to all accrued charges in full up to the date of such payment.Source   Laws 1941, c. 90, § 19, p. 353;   C.S.Supp.,1941, § 45-147;   R.S.1943, § 45-135;   Laws 1963, c. 273, § 1, p. 820;   R.S.1943, (1998), § 45-135;  Laws 2001, LB 53, § 50.
NE Code § 45-1023 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1023 - Installment loans; false statement to secure; penalty.

45-1023.  Installment loans; false statement to secure; penalty.Any person who makes a false statement to secure a loan is guilty of a Class III misdemeanor. The punishment shall not be exacted, however, when such a loan is made after the licensee is aware of the falsity of the statement.Source   Laws 1941, c. 90, § 28, p. 356;   C.S.Supp.,1941, § 45-156;   R.S.1943, § 45-136;   Laws 1977, LB 40, § 249;   R.S.1943, (1998), § 45-136;  Laws 2001, LB 53, § 51.
NE Code § 45-1027 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1027 - Installment loans; insurance procured through licensee; statement.

45-1027.  Installment loans; insurance procured through licensee; statement.The licensee shall, at the time the loan is made, give to the borrower, or if more than one, to one of them, a statement concerning any insurance procured by or through the licensee, which includes the amount of any premium which the borrower has paid or is obligated to pay, the amount, the expiration date of the policy, and a concise description of the risks insured. If a borrower procures insurance by or through a licensee, the licensee shall deliver to the borrower within fifteen days after the making of the loan an executed copy of the insurance policy or certificate of insurance.Source   Laws 1941, c. 90, § 17, p. 352;   C.S.Supp.,1941, § 45-145;   R.S.1943, § 45-140;   R.S.1943, (1998), § 45-140;  Laws 2001, LB 53, § 55.  Annotations  Failure to deliver statement of insurance, where charge for insurance was made, was a violation of act. Curtis v. Securities Acceptance Corp., 166 Neb. 815, 91 N.W.2d 19 (1958). Statement concerning insurance procured must be furnished to borrower. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
NE Code § 45-1028 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1028 - Installment loans; assignments of wages or security agreement in blank; prohibited.

45-1028.  Installment loans; assignments of wages or security agreement in blank; prohibited.No licensee shall receive any security agreement or assignment of salary or wages signed in blank. All blank spaces shall be filled in with ink or typewritten or printed with the proper names and amounts showing the name of the person by whom the individual making the conveyance or assignment is employed. No assignment or order for wages is valid if it contains an amount in excess of the sum borrowed together with the interest and charges as provided in the Nebraska Installment Loan Act.Source   Laws 1941, c. 90, § 18, p. 352;   C.S.Supp.,1941, § 45-146;   Laws 1943, c. 107, § 5, p. 373;   R.S.1943, § 45-142;   Laws 1972, LB 1060, § 2;   Laws 1993, LB 121, § 268;   R.S.1943, (1998), § 45-142;  Laws 2001, LB 53, § 56.  Annotations  Taking chattel mortgage in blank, with spaces to be later filled in, constituted violation of act. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959). Taking chattel mortgage signed in blank was violative of act. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
NE Code § 45-1029 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1029 - Installment loans; power of attorney and instruments with blanks prohibited.

45-1029.  Installment loans; power of attorney and instruments with blanks prohibited.No licensee shall take a power of attorney, or any instrument signed by an attorney in fact and not personally, or any instrument signed in which blanks are left to be filled after execution.Source   Laws 1941, c. 90, § 18, p. 352;   C.S.Supp.,1941, § 45-146;   Laws 1943, c. 107, § 5, p. 373;   R.S.1943, § 45-143;   R.S.1943, (1998), § 45-143;  Laws 2001, LB 53, § 57.  Annotations  This section, being special statute relating to a specific subject, is controlling rather than Negotiable Instruments Act as to filling in blanks. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959). Taking purchaser's statement in blank was a violation of act. Curtis v. Securities Acceptance Corp., 166 Neb. 815, 91 N.W.2d 19 (1958). All blank spaces in power of attorney must be filled in before execution. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
NE Code § 45-1030 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1030 - Installment loans; assignment of wages; consent of spouse necessary.

45-1030.  Installment loans; assignment of wages; consent of spouse necessary.No assignment of or order for wages to secure a loan or advancement is valid when made by a married man or woman unless the written consent of the wife or husband to the making of such loan is attached thereto.Source   Laws 1941, c. 90, § 18, p. 353;   C.S.Supp.,1941, § 45-146;   Laws 1943, c. 107, § 5, p. 373;   R.S.1943, § 45-144;   R.S.1943, (1998), § 45-144;  Laws 2001, LB 53, § 58.  Cross References  For other provisions for execution of assignments of wages, see section 36-213.
NE Code § 45-1031 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1031 - Installment loans; statement to borrower; contents.

45-1031.  Installment loans; statement to borrower; contents.Every licensee shall, at the time any loan is made, give to the borrower, or if there are two or more borrowers, to one of them, a statement in the English language disclosing in clear and distinct terms the information required to be disclosed under the federal Consumer Credit Protection Act.Source   Laws 1941, c. 90, § 18, p. 353;   C.S.Supp.,1941, § 45-146;   Laws 1943, c. 107, § 5, p. 373;   R.S.1943, § 45-145;   Laws 1963, c. 273, § 3, p. 825;   Laws 1963, Spec. Sess., c. 7, § 11, p. 96;   Laws 1984, LB 681, § 3;   Laws 1993, LB 121, § 269;   Laws 1997, LB 555, § 20;   R.S.1943, (1998), § 45-145;  Laws 2001, LB 53, § 59.  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). Failure to give borrower a statement of loan was a violation of act. Curtis v. Securities Acceptance Corp., 166 Neb. 815, 91 N.W.2d 19 (1958). Borrower must be given a statement showing terms of loan. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956). Requirement under this section is only imposed on licensee. Powell v. Edwards, 162 Neb. 11, 75 N.W.2d 122 (1956).
NE Code § 45-1032 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1032 - Surrender of license; effect.

45-1032.  Surrender of license; effect.A licensee may voluntarily surrender a license by delivering to the director written notice of the surrender. Surrender of a license (1) shall not affect civil or criminal liability for acts committed before the surrender or liability for any fines which may be levied against the licensee or any of its officers, directors, shareholders, partners, or members pursuant to section 45-1033 for acts committed before the surrender and (2) shall not impair or affect the obligation of a preexisting lawful contract between the licensee and any person, including a borrower. The department shall issue a notice of cancellation of the license following such surrender.Source  Laws 2001, LB 53, § 60;  Laws 2005, LB 533, § 62.
NE Code § 45-1033.02 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1033.02 - Information sharing; privilege and confidentiality; limitations; applicability of section; director; powers.

45-1033.02.  Information sharing; privilege and confidentiality; limitations; applicability of section; director; powers.(1) In order to promote more effective regulation and reduce the regulatory burden through supervisory information sharing:(a) Except as otherwise provided in this section, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material may be shared with all federal and state regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law;(b) Information or material that is subject to a privilege or confidentiality under subdivision (1)(a) of this section shall not be subject to:(i) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or(ii) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person, that privilege;(c) Any state statute relating to the disclosure of confidential supervisory information or any information or material described in subdivision (1)(a) of this section that is inconsistent with such subdivision shall be superseded by the requirements of this section; and(d) This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, applicants and licensees that is included in the Nationwide Mortgage Licensing System and Registry for access by the public.(2) For these purposes, the director is authorized to enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies as established by adopting and promulgating rules and regulations or an order of the director.Source  Laws 2009, LB328, § 51;  Laws 2010, LB892, § 23.
NE Code § 45-1034 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1034 - License; revocation; new license; court order required.

45-1034.  License; revocation; new license; court order required.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.Source   Laws 1941, c. 90, § 8, p. 348;   C.S.Supp.,1941, § 45-136;   R.S.1943, § 45-148;   R.S.1943, (1998), § 45-148;  Laws 2001, LB 53, § 62.
NE Code § 45-1035 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1035 - License; revocation; record of proceedings.

45-1035.  License; revocation; record of proceedings.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.Source   Laws 1941, c. 90, § 8, p. 348;   C.S.Supp.,1941, § 45-136;   R.S.1943, § 45-149;   Laws 1972, LB 1060, § 3;   R.S.1943, (1998), § 45-149;  Laws 2001, LB 53, § 63.
NE Code § 45-1036 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1036 - Appeal; procedure.

45-1036.  Appeal; procedure.In addition to any other remedy he, she, or it may have, any licensee or any other person considering himself, herself, or itself aggrieved by any action of the department under the Nebraska Installment Loan Act may appeal the action, and the appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1941, c. 90, § 9, p. 348;   C.S.Supp.,1941, § 45-137;   R.S.1943, § 45-150;   Laws 1969, c. 378, § 1, p. 1339;   Laws 1988, LB 352, § 73;   Laws 1997, LB 555, § 23;   R.S.1943, (1998), § 45-150;  Laws 2001, LB 53, § 64.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 45-1037 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1037 - Violations; penalty.

45-1037.  Violations; penalty.Any person violating sections 45-1025 to 45-1031 is guilty of a Class II misdemeanor.Source   Laws 1941, c. 90, § 27, p. 356;   C.S.Supp.,1941, § 45-155;   Laws 1943, c. 107, § 6, p. 373;   R.S.1943, § 45-153;   Laws 1977, LB 40, § 250;   Laws 1993, LB 121, § 270;   R.S.1943, (1998), § 45-153;  Laws 2001, LB 53, § 65.  Annotations  Public policy as to effect of violation of Installment Loan Act has been fixed by Legislature. McNish v. General Credit Corp., 164 Neb. 526, 83 N.W.2d 1 (1957). Penalty applies to both licensees and nonlicensees. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956). Violation, whether by licensee or nonlicensee, is a misdemeanor. Powell v. Edwards, 162 Neb. 11, 75 N.W.2d 122 (1956).