2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-2737 - Examination, investigation, inquiry request for information; procedure; director; powers; administrative fine; disposition; lien; charge.

8-2737.
Examination, investigation, inquiry request for information; procedure; director; powers; administrative fine; disposition; lien; charge.
(1) The director may conduct an examination of a licensee upon reasonable written notice to the licensee. The director may examine a licensee without prior notice if the director has a reasonable basis to believe that the licensee is in noncompliance with the Nebraska Money Transmitters Act.
(2) An examination may be conducted in conjunction with examinations to be performed by representatives of agencies of another state or states or departments or agencies of the United States. The director, in lieu of an examination, may accept the examination report of an agency of another state or a department or an agency of the United States or a report prepared by an independent accounting firm. Reports so accepted are considered for all purposes as an official report of the department.
(3) The director may make investigations regarding complaints of alleged violations of the Nebraska Money Transmitters Act, any rule and regulation or order under the act, or any state or federal law applicable to a licensee, an authorized delegate, or an applicant for a license, as the director deems necessary, and to the extent necessary for this purpose, the director may examine such licensee, authorized delegate, or any other person, interview officers, principals, employees, and customers of the licensee, authorized delegate, or applicant, and compel the production of all relevant books, records, accounts, and documents.
(4) The director may request financial data from a licensee in addition to that required under section 8-2734.
(5) The director may conduct an examination of any authorized delegate of a licensee within this state upon reasonable written notice to the licensee and the authorized delegate. The director may conduct an examination of any authorized delegate without prior notice to the authorized delegate or licensee only if the director has a reasonable basis to believe that the licensee or authorized delegate is in noncompliance with the Nebraska Money Transmitters Act.
(6) Upon receipt by a licensee, an authorized delegate, or any other person of a notice of investigation or inquiry request for information from the department, the licensee, authorized delegate, or other person shall respond within twenty-one calendar days. Failure to respond is a violation of the Nebraska Money Transmitters Act. Each day a licensee, authorized delegate, or other person fails to respond as required by this subsection shall constitute a separate violation.
(7) If the director finds, after notice and opportunity for hearing in accordance with the Administrative Procedure Act, that any person has violated subsection (6) of this section, the director may order such person to pay (a) an administrative fine of not more than two 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.
(8) If a person fails to pay an administrative fine and the costs of investigation ordered pursuant to subsection (7) 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 shall constitute a separate violation of the Nebraska Money Transmitters Act.
(9) For purposes of any investigation, examination, or proceeding under the Nebraska Money Transmitters Act, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel 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 subsection 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.
(10) The total charge for an examination under this section shall be paid by the licensee or authorized delegate as set forth in sections 8-605 and 8-606.
Source
Laws 2013, LB616, § 37;
Laws 2019, LB355, § 1;
Laws 2021, LB363, § 22.
Cross References
Administrative Procedure Act, see section 84-920.