reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-906 - Application; fees; bond.

45-906.
Application; fees; bond.
The application required by section 45-905 shall be accompanied by:
(1) A nonrefundable application fee of five hundred dollars and any processing fee allowed under subsection (2) of section 45-905.01; and
(2) A surety bond in the base amount of fifty thousand dollars which, on or after January 1, 2021, shall be increased by fifty thousand dollars for each branch office established or to be established in Nebraska. The surety bond shall be executed by the licensee and a surety company authorized to do business in Nebraska and approved by the director conditioned for the faithful performance by the licensee of the duties and obligations pertaining to the delayed deposit services business so licensed and the prompt payment of any judgment recovered against the licensee. The bond or a substitute bond shall remain in effect during all periods of licensing or the licensee shall immediately cease doing business and its license shall be surrendered to or canceled by the department. A surety may cancel a bond only upon thirty days' written notice to the director.
(3) The director may at any time require the filing of a new or supplemental bond in the form as provided in subdivision (2) of this section if he or she determines that the bond filed under this section is exhausted or is inadequate for any reason, including, but not limited to, the financial condition of the licensee or the applicant for a license, or violations of the Delayed Deposit Services Licensing Act, any rule, regulation, or order thereunder, or any state or federal law applicable to the licensee or applicant for a license. The new or supplemental bond shall not exceed one hundred thousand dollars over the amount of the bond required by subdivision (2) of this section.
Source
Laws 1994, LB 967, § 6;
Laws 2001, LB 53, § 104;
Laws 2006, LB 876, § 37;
Laws 2020, LB909, § 38.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-907 - Application; notice of filing; publication; hearing; investigation; costs.

45-907.
Application; notice of filing; publication; hearing; investigation; costs.
(1) When an application for a delayed deposit services business license has been accepted by the director as substantially complete, notice of the filing of the application shall be published by the director for three successive weeks in a legal newspaper published in or of general circulation in the county where the applicant proposes to operate the delayed deposit services business. 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 investigate the propriety of the issuance of a license to the applicant. The costs of such investigation 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 delayed deposit services business in Nebraska pursuant to the Delayed Deposit Services Licensing Act for at least three calendar years 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 delayed deposit services business, 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 act.
(3) The expense of any publication made pursuant to this section shall be paid by the applicant.
Source
Laws 1994, LB 967, § 7;
Laws 2006, LB 876, § 38;
Laws 2008, LB851, § 23;
Laws 2018, LB194, § 5.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-908 - License; issuance; conditions.

45-908.
License; issuance; conditions.
The director shall issue a license to an applicant, if, after public hearing and any investigation of the applicant, the director determines that:
(1) The experience, character, and general fitness of the applicant and its officers, directors, shareholders, partners, or members are such as to warrant the belief that the applicant will conduct the delayed deposit services business honestly, fairly, and efficiently;
(2) The applicant and its officers, directors, shareholders, partners, or members have not been convicted of a felony in this state or any other jurisdiction which would indicate moral turpitude on the part of the applicant;
(3) The applicant is financially responsible and will conduct the delayed deposit services business pursuant to the Delayed Deposit Services Licensing Act; and
(4) The applicant has assets of at least twenty-five thousand dollars available for operating the delayed deposit services business.
Source
Laws 1994, LB 967, § 8.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-909 - Application for license; timely action of director required; appeal.

45-909.
Application for license; timely action of director required; appeal.
The director shall approve or deny an application for a license by written order not more than ninety days after the filing of a substantially complete application. Failure of the director to act on a substantially complete application within ninety days shall constitute approval of the application. An order of the director issued pursuant to this section may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1994, LB 967, § 9.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-910 - License; posting; renewal; fees.

45-910.
License; posting; renewal; fees.
(1) A license issued pursuant to the Delayed Deposit Services Licensing Act shall be conspicuously posted at the licensee's place of business.
(2)(a) Except as provided in subdivision (2)(b) of this section, all licenses shall remain in effect until the next succeeding May 1, unless earlier canceled, suspended, or revoked by the director pursuant to section 45-922 or surrendered by the licensee pursuant to section 45-911.
(b) All licenses issued on or after November 14, 2020, and before January 1, 2021, shall remain in effect until December 31, 2021, unless earlier canceled, suspended, or revoked by the director pursuant to section 45-922 or surrendered by the licensee pursuant to section 45-911. All licenses issued on or after January 1, 2021, shall remain in effect until the next succeeding December 31, unless earlier canceled, suspended, or revoked by the director pursuant to section 45-922 or surrendered by the licensee pursuant to section 45-911.
(3) Licenses may be renewed annually by filing with the director (a) a renewal fee consisting of five hundred dollars and any processing fee allowed under subsection (2) of section 45-905.01 for the main office location and five hundred dollars and any processing fee allowed under subsection (2) of section 45-905.01 for each branch office location and (b) an application for renewal in writing through the Nationwide Mortgage Licensing System and Registry 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.
Source
Laws 1994, LB 967, § 10;
Laws 2001, LB 53, § 105;
Laws 2005, LB 533, § 56;
Laws 2012, LB269, § 2;
Laws 2020, LB909, § 40.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-911 - Surrender of license; effect.

45-911.
Surrender of license; effect.
A licensee may surrender a delayed deposit services business license by delivering to the director written notice that the license is surrendered and any processing fee allowed under subsection (2) of section 45-905.01. The department may issue a notice of cancellation of the license following such surrender in lieu of revocation proceedings. The surrender shall not affect the licensee's civil or criminal liability for acts committed prior to such surrender, affect the liability for any fines which may be levied against the licensee or any of its officers, directors, shareholders, partners, or members for acts committed before the surrender, affect the liability of the surety on the bond, or entitle such licensee to a return of any part of the annual license fee or fees. The director may establish procedures for the disposition of the books, accounts, and records of the licensee and may require such action as he or she deems necessary for the protection of the makers of checks which are outstanding at the time of surrender of the license.
Source
Laws 1994, LB 967, § 11;
Laws 2006, LB 876, § 39;
Laws 2018, LB194, § 6;
Laws 2020, LB909, § 41.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-912 - Licensee; duty to inform director; when.

45-912.
Licensee; duty to inform director; when.
A licensee shall be required to notify the director in writing through the Nationwide Mortgage Licensing System and Registry within thirty days after the occurrence of any material development, including, but not limited to:
(1) Bankruptcy or corporate reorganization;
(2) Business reorganization;
(3) Institution of license revocation procedures by any other state or jurisdiction;
(4) The filing of a criminal indictment or complaint against the licensee or any of its officers, directors, shareholders, partners, members, employees, or agents;
(5) A felony conviction against the licensee or any of the licensee's officers, directors, shareholders, partners, members, employees, or agents; or
(6) The termination of employment or association with the licensee of any of the licensee's officers, directors, shareholders, partners, members, employees, or agents for violations or suspected violations of the Delayed Deposit Services Licensing Act, any rule, regulation, or order thereunder, or any state or federal law applicable to the licensee.
Source
Laws 1994, LB 967, § 12;
Laws 2006, LB 876, § 40;
Laws 2020, LB909, § 42.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-914 - Change in control of licensee; approval required.

45-914.
Change in control of licensee; approval required.
The prior written approval of the director shall be required whenever a change in control of a licensee is proposed. Control in the case of a corporation shall mean (1) direct or indirect ownership or the right to control ten percent or more of the voting shares of the corporation or (2) the ability of a person or group acting in concert to elect a majority of the directors or otherwise effect a change in policy. Control in the case of any other entity shall mean any change in the principals of the organization, whether active or passive. The director may require such information as he or she deems necessary to determine whether a new application is required. Costs incurred by the director in investigating a change of control request shall be paid by the person or persons requesting such approval.
Source
Laws 1994, LB 967, § 14.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-915 - Licensee; principal place of business; change of location; branch offices; approval required; fees.

45-915.
Licensee; principal place of business; change of location; branch offices; approval required; fees.
(1) Except as provided in subsection (2) of this section, a licensee, on or before December 31, 2020, may offer a delayed deposit services business only at an office designated as its principal place of business in the application. A licensee may change the location of its designated principal place of business with the prior written approval of the director. The director may establish forms and procedures for determining whether the change of location should be approved.
(2) On or before December 31, 2020, a licensee may operate branch offices only in the same county in which the licensee's designated principal place of business is located. The licensee may establish a branch office or change the location of a branch office with the prior written approval of the director. The director may establish forms and procedures for determining whether an original branch or branches or a change of location of a branch should be approved.
(3) On or after January 1, 2021, a licensee shall designate an office in Nebraska as its principal place of business. A licensee may change the location of its designated principal place of business with the prior written approval of the director. The director may establish forms and procedures for determining whether the change of location should be approved.
(4) On or after January 1, 2021, a licensee may operate branch offices in Nebraska. The licensee may establish a branch office or change the location of a branch office with the prior written approval of the director. The director may establish forms and procedures for determining whether an original branch or branches or a change of location of a branch should be approved.
(5) A licensee may offer a delayed deposit services business only at an office designated as its principal place of business and any branch office established pursuant to this section.
(6) A fee of one hundred fifty dollars and any processing fee allowed under subsection (2) of section 45-905.01 shall be submitted with each request made pursuant to this section.
Source
Laws 1994, LB 967, § 15;
Laws 2006, LB 876, § 41;
Laws 2020, LB909, § 43.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-915.01 - Licensee; books and records.

45-915.01.
Licensee; books and records.
(1) Each licensee shall keep or make available the books and records relating to transactions made under the Delayed Deposit Services Licensing Act as are necessary to enable the department to determine whether the licensee is complying with the act. The books and records shall be maintained in a manner consistent with accepted accounting practices.
(2) A licensee shall, at a minimum, include in its books and records copies of all application materials relating to makers, disclosure agreements, checks, payment receipts, and proofs of compliance required by section 45-919.
(3) A licensee shall preserve or keep its books and records relating to every delayed deposit transaction for three years from the date of the inception of the transaction, or two years from the date a final entry is made thereon, including any applicable collection effort, whichever is later.
(4) The licensee shall maintain its books, accounts, and records, whether in physical or electronic form, at its designated principal place of business, except that books, accounts, and records which are older than two years may be maintained at any other place within this state as long as such records are available for inspection by the department.
Source
Laws 2006, LB 876, § 47;
Laws 2018, LB194, § 7.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-916 - Operating with other business; conditions.

45-916.
Operating with other business; conditions.
A licensee may operate a delayed deposit services business at a location where any other business is operated or in association or conjunction with any other business if:
(1) The books, accounts, and records of the delayed deposit services business are kept and maintained separate and apart from the books, accounts, and records of the other business;
(2) The other business is not of a type which would tend to conceal evasion of the Delayed Deposit Services Licensing Act. If the director determines upon investigation that the other business is of a type which would conceal evasion of the act, the director shall order such licensee to cease the operation of the other business at such location; and
(3) At least thirty days prior to conducting such other business, the licensee provides written notice to the director of (a) its intent to conduct such other business at its location or locations and (b) the nature of such other business and the director does not disapprove of such other business within thirty days after receiving the written notice.
Source
Laws 1994, LB 967, § 16;
Laws 2006, LB 876, § 42.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-917 - Licensee; written notice; contents; fees, charges, and penalties; posting required.

45-917.
Licensee; written notice; contents; fees, charges, and penalties; posting required.
(1)(a) Every licensee shall, at the time any delayed deposit transaction is made, give to the maker of the check, or if there are two or more makers, to one of them, a notice written in plain English disclosing:
(i) The name of the maker, transaction date, and transaction amount;
(ii) The payment due date and total payment due;
(iii) The total of fees on the transaction, expressed as both a dollar amount and an annual percentage rate;
(iv) The date on which the check will be deposited or presented for negotiation; and
(v) Any penalty not to exceed fifteen dollars which the licensee will charge if the check is not negotiable on the date agreed upon. If the licensee required the maker to give two checks for one delayed deposit transaction, the licensee shall charge only one penalty in the event both checks are not negotiable on the date agreed upon.
(b) The notice required by this subsection shall include the following language, all capitalized and in at least ten-point font:
1. THIS TYPE OF SERVICE SHOULD BE USED ONLY TO MEET SHORT-TERM CASH NEEDS.
2. THE LAW DOES NOT ALLOW THIS TYPE OF TRANSACTION TO BE MORE THAN FIVE HUNDRED DOLLARS ($500) IN TOTAL, INCLUDING FEES AND CHARGES, FROM ONE LENDER.
3. YOU HAVE THE RIGHT TO RESCIND THIS TRANSACTION IF YOU DO SO BY THE NEXT BUSINESS DAY BEFORE 5 P.M.
4. YOU HAVE THE RIGHT TO RESCIND YOUR AUTHORIZATION FOR ELECTRONIC PAYMENT.
(2) In addition to the notice required by subsection (1) of this section, every licensee shall conspicuously display a schedule of all fees, charges, and penalties for all services provided by the licensee. Such notice shall be posted at every office of the licensee.
Source
Laws 1994, LB 967, § 17;
Laws 2006, LB 876, § 43;
Laws 2018, LB194, § 8.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-918 - Annual percentage rate; violation; effect; fee; limitation.

45-918.
Annual percentage rate; violation; effect; fee; limitation.
(1) A licensee shall not impose an annual percentage rate greater than thirty-six percent in connection with a delayed deposit transaction. Any delayed deposit transaction made in violation of this section is void, and the licensee making such delayed deposit transaction has no right to collect, receive, or retain any principal, interest, fees, or any other charges in connection with such delayed deposit transaction.
(2) The fees set forth in this section shall not be charged to individuals on active duty military or their spouses or dependents in an amount that exceeds what is allowed under 10 U.S.C. 987, as such section existed on January 1, 2018.
Source
Laws 1994, LB 967, § 18;
Laws 2018, LB194, § 9;
Initiative Law 2020, No. 428, § 1.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-918.01 - Returned check; collection; returned check charge; court costs; attorney's fees.

45-918.01.
Returned check; collection; returned check charge; court costs; attorney's fees.
If a check held by a licensee as a result of a delayed deposit transaction is returned unpaid to the licensee from a payor financial institution due to insufficient funds, a closed account, a stop-payment order, or any other reason, not including a bank error, the licensee shall have the right to exercise all civil means authorized by law to collect the face value of the check. In addition, the licensee may contract for and collect one returned check charge for each delayed deposit transaction, not to exceed fifteen dollars, plus court costs and reasonable attorney's fees as awarded by a court and incurred as a result of the default. However, such attorney's fees shall not exceed the amount of the check. The licensee shall not collect any other fees as a result of default. A returned check charge shall not be allowed if, due to forgery or theft, the transaction proceeds check is dishonored by the financial institution.
Source
Laws 2018, LB194, § 10.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-918.03 - Rescission; redemption.

45-918.03.
Rescission; redemption.
(1) A maker shall have the right to rescind a delayed deposit transaction before 5 p.m. the next business day following the delayed deposit transaction.
(2) Prior to the licensee negotiating or presenting the check, the maker shall have the right to redeem any check held by a licensee as a result of a delayed deposit transaction if the maker pays the full amount to the licensee.
Source
Laws 2018, LB194, § 12.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-918.04 - Licensee; payment options; electronic payment with authorization.

45-918.04.
Licensee; payment options; electronic payment with authorization.
(1) A licensee may pay the proceeds from a delayed deposit transaction or rebate to the maker in the form of check, money order, cash, stored value card, Internet transfer, or authorized automated clearinghouse transaction. Neither the licensee nor any affiliate of the licensee shall charge the maker an additional finance charge or fee for cashing the licensee's check or for negotiating forms of transaction proceeds or rebates other than cash.
(2) A licensee may utilize electronic payment through transfer or withdrawal of funds from the maker’s account only, but only with the written authorization of the maker.
Source
Laws 2018, LB194, § 13.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-919.01 - Extended payment plan; request; terms; default.

45-919.01.
Extended payment plan; request; terms; default.
(1) A maker who cannot pay back a delayed deposit transaction when it is due may elect once in any twelve-month period to repay the delayed deposit transaction to the licensee by means of an extended payment plan.
(2) To request an extended payment plan, the maker, before the due date of the outstanding delayed deposit transaction, must request the plan and sign an amendment to the delayed deposit agreement that reflects the new payment schedule and terms.
(3) The extended payment plan's terms must allow the maker, at no additional cost, to repay the outstanding delayed deposit transaction, including any fee due, in at least four equal payments that coincide with the maker's periodic pay dates.
(4) The maker may prepay an extended payment plan in full at any time without penalty. The licensee shall not charge the maker any interest or additional fees during the term of the extended payment plan.
(5) If the maker fails to pay any extended payment plan installment when due, the maker shall be in default of the payment plan and the licensee immediately may accelerate payment on the remaining balance. Upon default, the licensee may take action to collect all amounts due.
Source
Laws 2018, LB194, § 15.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-920 - Director; examination of licensee; powers; costs.

45-920.
Director; examination of licensee; powers; costs.
(1) The director shall examine the books, accounts, and records of each licensee no more often than annually, except as provided in section 45-921. The costs of the director incurred in an examination shall be paid by the licensee as set forth in sections 8-605 and 8-606.
(2) The director may accept any examination, report, or information regarding a licensee from the Consumer Financial Protection Bureau or a foreign state agency. The director may provide any examination, report, or information regarding a licensee to the Consumer Financial Protection Bureau or a foreign state agency. As used in this section, unless the context otherwise requires, foreign state agency means any duly constituted regulatory or supervisory agency which has authority over delayed deposit services businesses, payday lenders, or similar entities, and which is created under the laws of any other state or any territory of the United States, including Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Virgin Islands, or which is operating under the code of law for the District of Columbia.
Source
Laws 1994, LB 967, § 20;
Laws 2007, LB124, § 52;
Laws 2013, LB279, § 3.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-922 - Licensee; disciplinary actions; failure to renew.

45-922.
Licensee; disciplinary actions; failure to renew.
(1) The director may, following a hearing in accordance with the Administrative Procedure Act, suspend or revoke any license issued pursuant to the Delayed Deposit Services Licensing Act if he or she finds:
(a) A licensee or any of its officers, directors, partners, or members has knowingly violated the act or any rule, regulation, or order of the director thereunder;
(b) A fact or condition existing which, if it had existed at the time of the original application for such license, would have warranted the director to refuse to issue such license;
(c) A licensee has abandoned its place of business for a period of thirty days or more;
(d) A licensee or any of its officers, directors, partners, or members has knowingly subscribed to, made, or caused to be made any false statement or false entry in the books and records of any licensee, has knowingly subscribed to or exhibited false papers with the intent to deceive the department, has failed to make a true and correct entry in the books and records of such licensee of its business and transactions in the manner and form prescribed by the department, or has mutilated, altered, destroyed, secreted, or removed any of the books or records of such licensee without the written approval of the department or as provided in section 45-925; or
(e) A licensee has knowingly violated a voluntary consent or compliance agreement which had been entered into with the director.
(2) Except as provided in this section, a license shall not be revoked or suspended except after notice and a hearing in accordance with the Administrative Procedure Act.
(3)(a) If a licensee fails to renew its license as required by section 45-910 and does not voluntarily surrender the license pursuant to section 45-911, the department may issue a notice of expiration of the license to the licensee in lieu of revocation proceedings.
(b) If a licensee fails to maintain a surety bond as required by section 45-906, the department may issue a notice of cancellation of the license in lieu of revocation proceedings.
(4) Revocation, suspension, cancellation, or expiration of a license shall not impair or affect the obligation of a preexisting lawful contract between the licensee and any person, including a maker of a check.
(5) Revocation, suspension, cancellation, or expiration of a license shall not affect civil or criminal liability for acts committed before the revocation, suspension, cancellation, or expiration or liability for fines levied against the licensee or any of its officers, directors, shareholders, partners, or members, pursuant to section 45-925, for acts committed before the revocation, suspension, cancellation, or expiration.
Source
Laws 1994, LB 967, § 22;
Laws 2001, LB 53, § 106;
Laws 2006, LB 876, § 45;
Laws 2008, LB851, § 24;
Laws 2009, LB327, § 19;
Laws 2018, LB194, § 17.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-923 - Cease and desist order; procedure; appeal.

45-923.
Cease and desist order; procedure; appeal.
If the director believes that any person has engaged in or is about to engage in any act or practice constituting a violation of the Delayed Deposit Services Licensing Act or any rule, regulation, or order of the director, the director may issue a cease and desist order and prohibit the making of additional delayed deposit transactions as part of such order.
Upon entry of a cease and desist order the director shall promptly notify in writing all persons to whom the order is directed that it has been entered and of the reasons for the order. Any person to whom the order is directed may in writing request a hearing within fifteen business days after the date of the issuance of the order. Upon receipt of such written request, the matter shall be set for hearing within thirty business days after receipt by the director, 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 within fifteen business days and none is ordered by the director, the order of the director shall automatically become final and shall remain in effect until modified or vacated by the director. If a hearing is requested or ordered, the director, after notice and hearing, shall issue his or her written findings of fact and conclusions of law and may affirm, vacate, or modify the order.
The director may vacate or modify an 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. Any person aggrieved by a final order of the director may appeal the order, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1994, LB 967, § 23;
Laws 2001, LB 53, § 107;
Laws 2018, LB194, § 18.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-924 - Injunction, restraining order, or writ of mandamus.

45-924.
Injunction, restraining order, or writ of mandamus.
If the director believes that any person has engaged in or is about to engage in any act or practice constituting a violation of the Delayed Deposit Services Licensing Act or a violation of any rule, regulation, or order of the director thereunder, the director may initiate an action in the district court of Lancaster County to enjoin such acts or practices and to enforce compliance with the act or any order under the act. Upon a proper showing a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted or a receiver or conservator may be appointed for the defendant's assets. The director shall not be required to post a bond.
Source
Laws 1994, LB 967, § 24.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 45 - Interest, Loans, and Debt › 45-1003 - Installment loans; financial institution ineligible; license required, when.

45-1003.
Installment loans; financial institution ineligible; license required, when.
No financial institution is eligible for a license or to make loans under the Nebraska Installment Loan Act.
A license shall be required for any person that is not a financial institution who, at or after the time a loan is made by a financial institution, markets, owns in whole or in part, holds, acquires, services, or otherwise participates in such loan.
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;
Laws 2023, LB92, § 71.
Operative Date: June 7, 2023
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).
2023 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.
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).
2023 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.
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).
2023 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 (i) does not originate loans under the Nebraska Installment Loan Act or (ii) 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;
Laws 2023, LB92, § 72.
Operative Date: June 7, 2023
2023 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).
2023 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.