reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1407.04 - Special permit for sale at other than established place of business; approval; conditions.

60-1407.04.
Special permit for sale at other than established place of business; approval; conditions.
The event for which a permit is sought under section 60-1407.03 must be approved by the board. In determining approval, the board shall consider the size, location, duration, sponsors, and purpose of the event. Approval shall not be given to any event sponsored solely by a dealer or dealers or for which the sole or primary purpose is the sale of motor vehicles, motorcycles, trailers, or self-propelled mobile homes.
Source
Laws 1972, LB 1335, § 17;
Laws 2010, LB816, § 64.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1407.06 - Special permit for sale at other than established place of business; rules and regulations; fee.

60-1407.06.
Special permit for sale at other than established place of business; rules and regulations; fee.
The board may adopt rules and regulations establishing procedures for the issuance of such special permits. The fee for each such special permit shall be not more than the same fee as established for a dealer's license pursuant to section 60-1411.01.
Source
Laws 1972, LB 1335, § 19;
Laws 1974, LB 754, § 7.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1409 - Nebraska Motor Vehicle Industry Licensing Fund; created; collections; disbursements; investment; audited.

60-1409.
Nebraska Motor Vehicle Industry Licensing Fund; created; collections; disbursements; investment; audited.
The Nebraska Motor Vehicle Industry Licensing Fund is created. All fees collected under the Motor Vehicle Industry Regulation Act shall be remitted by the board, as collected, to the State Treasurer for credit to the fund. Such fund shall be appropriated by the Legislature for the operations of the Nebraska Motor Vehicle Industry Licensing Board and shall be paid out from time to time by warrants of the Director of Administrative Services on the State Treasurer for authorized expenditures upon duly itemized vouchers executed as provided by law and approved by the chairperson of the board or the executive secretary, except that transfers from the fund to the General Fund may be made at the direction of the Legislature through June 30, 2018. The expenses of conducting the office must always be kept within the income collected and reported to the State Treasurer by such board. Such office and expense thereof shall not be supported or paid from the General Fund, and all money deposited in the Nebraska Motor Vehicle Industry Licensing Fund shall be expended only for such office and expense thereof and, unless determined by the board, it shall not be required to expend any funds to any person or any other governmental agency.
Any money in the Nebraska Motor Vehicle Industry Licensing 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. The fund shall be audited by the Auditor of Public Accounts at such time as he or she determines necessary.
The State Treasurer shall transfer five hundred thousand dollars from the Nebraska Motor Vehicle Industry Licensing Fund to the General Fund on or before June 30, 2018, on such dates and in such amounts as directed by the budget administrator of the budget division of the Department of Administrative Services.
Source
Laws 1957, c. 280, § 9, p. 1019;
Laws 1969, c. 584, § 60, p. 2382;
Laws 1972, LB 1335, § 5;
Laws 1974, LB 754, § 8;
Laws 1978, LB 248, § 6;
Laws 1995, LB 7, § 63;
Laws 2002, LB 1310, § 6;
Laws 2009, First Spec. Sess., LB3, § 36;
Laws 2010, LB816, § 65;
Laws 2011, LB337, § 3;
Laws 2017, LB331, § 29.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1410 - License; form; display; pocket card.

60-1410.
License; form; display; pocket card.
The board shall prescribe the form of the license and each license shall have printed thereon the seal of its office. All licenses shall be mailed to each licensee. It shall be the duty of each dealer to conspicuously display his or her own license or licenses in his or her place or places of business.
The board shall prepare and deliver a pocket card for dealer's agents, factory representatives, and distributor representatives. Such card shall certify that the person whose name appears thereon is a licensed dealer's agent, factory representative, or distributor representative, as the case may be.
Source
Laws 1957, c. 280, § 10, p. 1019;
Laws 1963, c. 365, § 7, p. 1173;
Laws 1971, LB 768, § 9;
Laws 1972, LB 1335, § 6;
Laws 2003, LB 498, § 5;
Laws 2017, LB346, § 6.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1411 - Notice of changes; return of pocket card; required when.

60-1411.
Notice of changes; return of pocket card; required when.
If a motor vehicle dealer, motorcycle dealer, or trailer dealer changes the address of his or her place of business, changes franchise, adds another franchise, or loses a franchise for sale of new motor vehicles, motorcycles, or trailers, the dealer shall notify the board of such change within ten days prior to such change. Thereupon the license shall be corrected for the unexpired portion of the term at no additional fee except as provided in section 60-1411.01.
If a dealer's agent changes his or her agent's status with any dealer, the agent shall notify the board. If the agent is no longer contracting with any dealer, the dealer's agent license shall lapse and the license and pocket card shall be returned to the board.
Source
Laws 1957, c. 280, § 11, p. 1020;
Laws 1963, c. 365, § 8, p. 1174;
Laws 1971, LB 768, § 10;
Laws 1972, LB 1335, § 7;
Laws 2003, LB 498, § 6;
Laws 2017, LB346, § 7.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1411.01 - Administration and enforcement expenses; how paid; fees; licenses; expiration.

60-1411.01.
Administration and enforcement expenses; how paid; fees; licenses; expiration.
(1) To pay the expenses of the administration, operation, maintenance, and enforcement of the Motor Vehicle Industry Regulation Act, the board shall collect with each application for each class of license fees not exceeding the following amounts:
(a) Motor vehicle dealer's license, four hundred dollars;
(b) Supplemental motor vehicle dealer's license, twenty dollars;
(c) Dealer's agent license, one hundred dollars;
(d) Motor vehicle, motorcycle, or trailer manufacturer's license, six hundred dollars;
(e) Distributor's license, six hundred dollars;
(f) Factory representative's license, twenty dollars;
(g) Distributor representative's license, twenty dollars;
(h) Finance company's license, four hundred dollars;
(i) Wrecker or salvage dealer's license, two hundred dollars;
(j) Factory branch license, two hundred dollars;
(k) Motorcycle dealer's license, four hundred dollars;
(l) Motor vehicle auction dealer's license, four hundred dollars; and
(m) Trailer dealer's license, four hundred dollars.
(2) The fees shall be fixed by the board and shall not exceed the amount actually necessary to sustain the administration, operation, maintenance, and enforcement of the act.
(3) Such licenses, if issued, shall expire on December 31 next following the date of the issuance thereof. Any motor vehicle, motorcycle, or trailer dealer changing its location shall not be required to obtain a new license if the new location is within the same city limits or county, all requirements of law are complied with, and a fee of twenty-five dollars is paid, but any change of ownership of any licensee shall require a new application for a license and a new license. Change of name of licensee without change of ownership shall require the licensee to obtain a new license and pay a fee of five dollars. Applications shall be made each year for a new or renewal license. If the applicant is an individual, the application shall include the applicant's social security number.
Source
Laws 1971, LB 768, § 11;
Laws 1972, LB 1335, § 8;
Laws 1974, LB 754, § 9;
Laws 1978, LB 248, § 7;
Laws 1984, LB 825, § 16;
Laws 1997, LB 752, § 147;
Laws 1998, LB 903, § 4;
Laws 1999, LB 632, § 3;
Laws 2003, LB 498, § 7;
Laws 2007, LB681, § 1;
Laws 2010, LB816, § 66;
Laws 2017, LB346, § 8.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1411.04 - Advertising; violations; penalty.

60-1411.04.
Advertising; violations; penalty.
The use, employment, or publication of advertising by any licensee or motor vehicle dealer which does not comply with section 60-1411.03 is hereby declared to be an unlawful act, and any person violating such section shall be guilty of a Class V misdemeanor.
Source
Laws 1971, LB 768, § 14;
Laws 1972, LB 1335, § 11;
Laws 1977, LB 39, § 94;
Laws 1989, LB 280, § 4.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1414 - Denial, revocation, or suspension of license or registration; hearing; attendance of witness; production of books and papers; effect.

60-1414.
Denial, revocation, or suspension of license or registration; hearing; attendance of witness; production of books and papers; effect.
In the preparation and conduct of such hearings, the members of the board and executive director, or hearing officer employed by the board, shall have the power to require the attendance and testimony of any witness and the production of any papers or documents in order to assure a fair trial. They may sign and issue subpoenas therefor and administer oaths and examine witnesses and take any evidence they deem pertinent to the determination of the charges. Any witnesses so subpoenaed shall be entitled to the same fees as prescribed by law in judicial proceedings in the district court of this state in a civil action and mileage at the same rate provided in section 81-1176 for state employees. The payment of such fees and mileage must be out of and kept within the limits of the funds provided for the administration of the board. The party against whom such charges may be filed shall have the right to obtain from the executive director a subpoena for any witnesses which he or she may desire at such hearing and depositions may be taken as in civil court cases in the district court. Any information obtained from the books and records of the person complained against may not be used against the person complained against as the basis for a criminal prosecution under the laws of this state.
Source
Laws 1957, c. 280, § 14, p. 1022;
Laws 1971, LB 768, § 16;
Laws 1981, LB 204, § 101;
Laws 1984, LB 825, § 24;
Laws 2022, LB1148, § 3.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1415.01 - Restraining order.

60-1415.01.
Restraining order.
Whenever the board shall believe from evidence satisfactory to it that any person has violated or is violating any provisions of the Motor Vehicle Industry Regulation Act, the board may, in addition to any other remedy, bring an action in the name and on behalf of the State of Nebraska against such person and any other person concerned in or in any way participating in or about to participate in practices or acts in violation of the act to enjoin such person and such other person from continuing the same. In any such action, the board may apply for and on due showing be entitled to have issued the court's subpoena, requiring forthwith the appearance of any defendant and the defendant's agent and employees and the production of documents, books, and records as may appear necessary for the hearing of such petition to testify and give evidence concerning the acts or conduct of practices or things complained of in such application for injunction. In such action an order or judgment may be entered awarding such preliminary or final injunctions as may be proper.
Source
Laws 1971, LB 768, § 18;
Laws 2010, LB816, § 70.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1416 - Acting without license; penalty.

60-1416.
Acting without license; penalty.
Any person acting as a motor vehicle dealer, trailer dealer, wrecker or salvage dealer, motorcycle dealer, auction dealer, dealer's agent, manufacturer, factory representative, distributor, or distributor representative without having first obtained the license provided in section 60-1406 is guilty of a Class IV felony and is subject to the civil penalty provisions of section 60-1411.02.
Source
Laws 1957, c. 280, § 16, p. 1023;
Laws 1963, c. 365, § 12, p. 1178;
Laws 1971, LB 768, § 19;
Laws 1974, LB 754, § 13;
Laws 1977, LB 39, § 95;
Laws 1984, LB 825, § 26;
Laws 1989, LB 47, § 1;
Laws 1995, LB 564, § 8;
Laws 2003, LB 498, § 10;
Laws 2017, LB346, § 11.
Annotations
Mens rea is not required to convict a person for acting without a license under this section because the offense is a public welfare offense. State v. Merchant, 285 Neb. 456, 827 N.W.2d 473 (2013).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1417.01 - Auction dealer; records; requirements; sale on consignment; title; exception.

60-1417.01.
Auction dealer; records; requirements; sale on consignment; title; exception.
(1)(a) Each auction dealer shall establish and retain at the primary place of business a record of the following information for each motor vehicle or trailer coming into his or her possession as an auction dealer: (i) The name of the most recent owner, other than the auction dealer; (ii) the name of the buyer; (iii) the vehicle identification number; (iv) the odometer reading on the date on which the auction dealer took possession of the motor vehicle or trailer; and (v) a bill of sale or other transaction document signed by the seller or the seller's agent and the buyer or the buyer's agent.
(b) The dealer shall maintain the information in a manner that permits systematic retrieval for five years following the date of sale of each vehicle or trailer. The information may be maintained in a tangible medium or stored in an electronic or other medium that is retrievable in perceivable form.
(c) The auction dealer shall be responsible for insuring that the information required in subdivisions (1)(a)(i), (iii), and (iv) of this section is available to all prospective buyers at the time a vehicle or trailer is offered for sale at auction and shall give the bill of sale or other transaction document required in subdivision (1)(a)(v) of this section to the buyer purchasing the vehicle or trailer at auction.
(2) When any dealer, except an auction dealer selling at auction, sells any unit on consignment, he or she shall take title to such unit in his or her own name, except that any dealer or other person, other than the owner of a used mobile home, selling a used mobile home shall not be required to take title but shall complete a buyer's information form approved by the board. The seller of the used mobile home shall be responsible for insuring that a copy of the form is delivered to the buyer prior to closing the sale of the used mobile home. The form shall include the (a) name and address of the record owner of the mobile home, (b) model, (c) year, and (d) serial number.
Source
Laws 1974, LB 754, § 16;
Laws 1983, LB 234, § 21;
Laws 1984, LB 825, § 28;
Laws 1991, LB 333, § 3;
Laws 1999, LB 340, § 1;
Laws 2002, LB 1105, § 466.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1417.02 - Auction; registration of seller; exception.

60-1417.02.
Auction; registration of seller; exception.
(1) Except as otherwise provided in subsection (5) of this section, any person who engages in or attempts to engage in the selling of motor vehicles or trailers at an auction licensed pursuant to the Motor Vehicle Industry Regulation Act shall register to do so. Registration shall be made on a form provided by the auction dealer and approved by the board. A copy of the registration shall serve as proof of registration for the calendar year. The registration information shall be made available and accessible to the board by the auction dealer within seventy-two hours after the registrant has met the registration requirements and such registration is issued. Such registration information shall be maintained and made accessible to the board by the auction dealer for two years. It shall be the duty of the auction dealer to ensure that no seller participates in any sales activities until and unless registration has been received by the auction dealer or unless such seller is otherwise licensed under the act.
(2) The information required on the registration form shall include, but not be limited to, the following: (a) The legal name of the registrant; (b) the registrant's current mailing address and telephone number; (c) the business name and address of the person with whom the registrant is associated; and (d) whether or not the registrant is bonded.
(3) The registration form shall be signed by the registrant and an authorized representative of the auction and shall be notarized by a notary public.
(4) Any person who is convicted of any violation of the act pursuant to section 60-1411.02 may be denied the right to be registered at all licensed auctions of this state following a hearing before the board, or hearing officer employed by the board, as prescribed in section 60-1413.
(5) A licensed motor vehicle dealer may conduct an auction of excess inventory of used vehicles without being licensed as an auction dealer or registered under this section if the auction conforms to the requirements of this subsection. The licensed motor vehicle dealer shall conduct the auction upon the licensed premises of the dealer, shall sell only used motor vehicles, trailers, or manufactured homes, shall sell only to motor vehicle dealers licensed in Nebraska, shall not sell any vehicles on consignment, and shall not sell any vehicles directly to the public.
Source
Laws 1984, LB 825, § 29;
Laws 1999, LB 340, § 2;
Laws 2010, LB816, § 71;
Laws 2013, LB164, § 2;
Laws 2022, LB1148, § 4.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1418 - Motor vehicle sale; violation; penalty.

60-1418.
Motor vehicle sale; violation; penalty.
Any person guilty of violating any of the provisions of section 60-1417 shall be guilty of a Class III misdemeanor.
Source
Laws 1945, c. 143, § 10, p. 463;
R.R.S.1943, § 60-618;
Laws 1963, c. 365, § 14, p. 1179;
Laws 1971, LB 768, § 37;
Laws 1977, LB 39, § 96.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1420 - Franchise; termination; noncontinuance; change community; hearing; when required.

60-1420.
Franchise; termination; noncontinuance; change community; hearing; when required.
(1) Except as provided in subsection (2) or (3) of this section, no franchisor shall terminate or refuse to continue any franchise or change a franchisee's community unless the franchisor has first established, in a hearing held pursuant to section 60-1425, that:
(a) The franchisor has good cause for termination, noncontinuance, or change;
(b) Upon termination or noncontinuance, another franchise in the same line-make will become effective in the same community, without diminution of the franchisee's service formerly provided, or that the community cannot be reasonably expected to support such a dealership; and
(c) Upon termination or noncontinuance, the franchisor is willing and able to comply with section 60-1430.02.
(2) Upon providing good and sufficient evidence to the board, a franchisor may terminate a franchise without such hearing (a) for a particular line-make if the franchisor discontinues that line-make, (b) if the franchisee's license as a motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealer is revoked pursuant to the Motor Vehicle Industry Regulation Act, or (c) upon a mutual written agreement of the franchisor and franchisee.
(3) A franchisor may change a franchisee's community without a hearing if the franchisor notifies the franchisee of the proposed change at least thirty days before the change, provides the franchisee an opportunity to object, and enters into an agreement with the franchisee regarding the change of the franchisee's community. If no agreement is reached, the franchisor shall comply with sections 60-1420 to 60-1435 prior to changing the franchisee's community.
Source
Laws 1971, LB 768, § 20;
Laws 1987, LB 327, § 1;
Laws 1989, LB 280, § 5;
Laws 2010, LB816, § 72;
Laws 2011, LB477, § 2.
Annotations
The Federal Arbitration Act preempts Nebraska law which is in conflict with the act. Cornhusker Internat. Trucks v. Thomas Built Buses, 263 Neb. 10, 637 N.W.2d 876 (2002).
The means by which a dealership can be terminated are found solely within this section. Chrysler Motors Corp. v. Lee Janssen Motor Co., 248 Neb. 322, 534 N.W.2d 309 (1995).
Where the Nebraska Motor Vehicle Industry Licensing Board's order is clearly conditional, operating only in the event that the franchisor finds another franchisee and notifies the board of the fact that it has done so, it is not a final order and is therefore not appealable. Garber v. State, 241 Neb. 523, 489 N.W.2d 550 (1992).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1421 - Franchise; termination; effect.

60-1421.
Franchise; termination; effect.
If franchisor is permitted to terminate or not continue a franchise, and is further permitted not to enter into a franchise, for the line-make in the community, no franchise shall thereafter be entered into for the sale of a motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealer of that line-make in the community, unless the franchisor has first established in a hearing held under the Motor Vehicle Industry Regulation Act that there has been a change of circumstances so that the community at that time can be reasonably expected to support the dealership.
Source
Laws 1971, LB 768, § 21;
Laws 2010, LB816, § 73.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1422 - Franchise; hearing; approval.

60-1422.
Franchise; hearing; approval.
No franchisor shall enter into any franchise for the purpose of establishing an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership or warranty repair service facility, in any community in which the same line-make is then represented, unless the franchisor has first established in a hearing held under the Motor Vehicle Industry Regulation Act that there is good cause for such additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership under such franchise, or warranty repair service facility, and that it is in the public interest.
Source
Laws 1971, LB 768, § 22;
Laws 2003, LB 182, § 2;
Laws 2010, LB816, § 74.
Annotations
In an application for the establishment of a new motor vehicle franchise, the franchisor has the burden of establishing the existence of good cause for establishing the dealership and that such dealership is in the public interest. In re Application of General Motors Corp., 232 Neb. 11, 439 N.W.2d 453 (1989).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1423 - Franchise; contract; fulfillment; violation; damages.

60-1423.
Franchise; contract; fulfillment; violation; damages.
Every franchisor and franchisee shall fulfill the terms of any express or implied warranty concerning the sale of a motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer to the public of the line-make which is the subject of a contract or franchise agreement between the parties. If it is determined by the district court that either the franchisor or franchisee, or both, have violated an express or implied warranty, the court shall add to any award or relief granted an additional award for reasonable attorney fees and other necessary expenses for maintaining the litigation.
Source
Laws 1971, LB 768, § 23.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1424 - Franchise; termination; noncontinuance; change community; additional dealership of same line-make; application.

60-1424.
Franchise; termination; noncontinuance; change community; additional dealership of same line-make; application.
If a franchisor seeks to terminate or not continue any franchise or change a franchisee's community, or seeks to enter into a franchise establishing an additional motor vehicle, combination motor vehicle and trailer, motorcycle or trailer dealership of the same line-make, the franchisor shall file an application with the board for permission to terminate or not continue the franchise, to change a franchisee's community, or to enter into a franchise for additional representation of the same line-make in that community, except that no application needs to be filed to change a franchisee's community if an agreement has been entered into as provided in subsection (3) of section 60-1420.
Source
Laws 1971, LB 768, § 24;
Laws 2011, LB477, § 3.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1425 - Franchise; termination; noncontinuance; change community; additional dealership of same line-make; application; hearing; notice.

60-1425.
Franchise; termination; noncontinuance; change community; additional dealership of same line-make; application; hearing; notice.
Upon receiving an application under section 60-1424, the board shall enter an order fixing a time, which shall be within ninety days of the date of such order, and place of hearing, and shall send by certified or registered mail, with return receipt requested, a copy of the order to the franchisee whose franchise the franchisor seeks to terminate, not continue, or change. If the application requests permission to change a franchisee's community or establish an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership, a copy of the order shall be sent to all franchisees in the community who are then engaged in the business of offering to sell or selling the same line-make. Copies of orders shall be addressed to the franchisee at the place where the business is conducted. The board may also give notice of franchisor's application to any other parties whom the board may deem interested persons, such notice to be in the form and substance and given in the manner the board deems appropriate. Any person who can show an interest in the application may become a party to the hearing, whether or not he or she receives notice, but a party not receiving notice shall be limited to participation at the hearing on the question of the public interest in the termination or continuation of the franchise, the change in community, or the establishment of an additional motor vehicle dealership.
Source
Laws 1971, LB 768, § 25;
Laws 2011, LB477, § 4.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1426 - Franchise; termination; additional; application; hearing; continuance.

60-1426.
Franchise; termination; additional; application; hearing; continuance.
If the board finds it desirable it may upon request continue the date of hearing for a period of ninety days, and may upon application, but not ex parte, continue the date of hearing for an additional period of ninety days.
Source
Laws 1971, LB 768, § 26.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1427 - Franchise; termination; noncontinuance; change community; additional dealership; application; hearing; burden of proof.

60-1427.
Franchise; termination; noncontinuance; change community; additional dealership; application; hearing; burden of proof.
Upon hearing, the franchisor shall have the burden of proof to establish that under the Motor Vehicle Industry Regulation Act the franchisor should be granted permission to terminate or not continue the franchise, to change the franchisee's community, or to enter into a franchise establishing an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership.
Nothing contained in the act shall be construed to require or authorize any investigation by the board of any matter before the board under the provisions of sections 60-1420 to 60-1435. Upon hearing, the board, or hearing officer employed by the board, shall hear the evidence introduced by the parties. The hearing officer employed by the board shall make a recommendation to the board solely upon the record so made. The board shall make its decision solely upon the record so made.
Source
Laws 1971, LB 768, § 27;
Laws 1972, LB 1335, § 14;
Laws 2010, LB816, § 75;
Laws 2011, LB477, § 5;
Laws 2022, LB1148, § 5.
Annotations
The auto manufacturer-franchisor carries the burden of proof to provide evidence sufficient to terminate an auto franchise. American Motors Sales Corp. v. Perkins, 198 Neb. 97, 251 N.W.2d 727 (1977).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1428 - Franchise; discovery; inspection; rules of civil procedure.

60-1428.
Franchise; discovery; inspection; rules of civil procedure.
The rules of civil procedure relating to discovery and inspection shall apply to hearings held under the Motor Vehicle Industry Regulation Act, and the board may issue orders to give effect to such rules.
If issues are raised which would involve violations of any state or federal antitrust or price-fixing law, all discovery and inspection proceedings which would be available under such issues in a state or federal court action shall be available to the parties to the hearing, and the board may issue orders to give effect to such proceedings.
Evidence which would be admissible under the issues in a state or federal court action shall be admissible in a hearing held by the board or hearing officer employed by the board. The board shall apportion all costs between the parties.
Source
Laws 1971, LB 768, § 28;
Laws 2010, LB816, § 76;
Laws 2022, LB1148, § 6.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1429 - Franchise; termination; noncontinuation; change community; additional dealership; acts not constituting good cause.

60-1429.
Franchise; termination; noncontinuation; change community; additional dealership; acts not constituting good cause.
Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the following shall not constitute good cause, as used in sections 60-1420 and 60-1422, for the termination or noncontinuation of a franchise, for changing the franchisee's community, or for entering into a franchise for the establishment of an additional dealership in a community for the same line-make:
(1) The sole fact that the franchisor desires further penetration of the market;
(2) The change of ownership of the franchisee's dealership or the change of executive management of the franchisee's dealership unless the franchisor, having the burden of proof, proves that such change of ownership or executive management will be substantially detrimental to the distribution of the franchisor's motor vehicles, combination motor vehicles and trailers, motorcycles, or trailer products or to competition in the community. Substantially detrimental may include, but is not limited to, the failure of any proposed transferee or individual to meet the current criteria generally applied by the franchisor in qualifying new motor vehicle dealers; or
(3) The fact that the franchisee refused to purchase or accept delivery of any motor vehicle, combination motor vehicle and trailer, motorcycle, trailer, vehicle parts or accessories, or other commodity or service not ordered by the franchisee.
Source
Laws 1971, LB 768, § 29;
Laws 1984, LB 825, § 32;
Laws 1989, LB 280, § 6;
Laws 2011, LB477, § 6.
Annotations
Change of ownership of a franchisee's dealership is not good cause for termination of the franchise unless the franchisor proves that the change of ownership will be substantially detrimental to the distribution of franchisor's motor vehicles in the community. S & T Motors v. General Motors Corp., 203 Neb. 188, 277 N.W.2d 701 (1979).
The term "motor vehicle" as used in this section refers to the motor vehicle covered by the franchise and does not refer to all of the motor vehicles which a franchisor may distribute through various divisions and separate franchises. S & T Motors v. General Motors Corp., 203 Neb. 188, 277 N.W.2d 701 (1979).
When the franchisee transfers its ownership, the franchisor need not recognize the transfer until after the board has had a chance to act on the issue of whether the transfer is detrimental to the distribution of franchisor's vehicles in the community. Kizzier Chevrolet Co. v. General Motors Corp., 705 F.2d 322 (8th Cir. 1983).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1430 - Franchise; sale or transfer of ownership; franchisor; duties.

60-1430.
Franchise; sale or transfer of ownership; franchisor; duties.
Notwithstanding the terms, provisions, or conditions of any agreement or franchise, subject to subdivision (2) of section 60-1429, in the event of the sale or a contract for sale or transfer of ownership of the franchisee's dealership by sale or transfer of the business or by stock transfer or in the event of change in the executive management of the franchisee's dealership, the franchisor shall give effect to such a change in the franchise unless (1) the transfer of the franchisee's license under the Motor Vehicle Industry Regulation Act is denied or the new owner is unable to obtain a license under the act, as the case may be, or (2) the proposed sale or transfer of the business or change of executive management will be substantially detrimental to the distribution of the franchisor's motor vehicles, combination motor vehicles and trailers, motorcycles, or trailer products or to competition in the community if the franchisor has given written notice of such fact to the franchisee within sixty days of receipt by the franchisor of information reasonably necessary to evaluate the proposed change.
Source
Laws 1971, LB 768, § 30;
Laws 1984, LB 825, § 33;
Laws 1989, LB 280, § 7;
Laws 2010, LB816, § 77.
Annotations
In the event of sale or transfer of ownership of the franchisee's dealership by sale or transfer of the business, the franchisor shall give effect to such change in the franchise unless the transfer of the franchisee's license under the act is denied or the new owner is unable to obtain a license. S & T Motors v. General Motors Corp., 203 Neb. 188, 277 N.W.2d 701 (1979).
After the transfer of a franchise, the franchisor need not give effect to the contract for a change of ownership until it has had the opportunity to show that such a change would be detrimental to the distribution of the franchisor's motor vehicles. Kizzier Chevrolet Co. v. General Motors Corp., 705 F.2d 322 (8th Cir. 1983).
When the franchisee transfers its ownership, the franchisor need not recognize the transfer until after the board has had a chance to act on the issue of whether the transfer is detrimental to the distribution of franchisor's vehicles in the community. Kizzier Chevrolet Co. v. General Motors Corp., 705 F.2d 322 (8th Cir. 1983).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1430.01 - Succession to new motor vehicle dealership by family member; conditions.

60-1430.01.
Succession to new motor vehicle dealership by family member; conditions.
(1) Any designated family member of a deceased or incapacitated new motor vehicle dealer may succeed the dealer in the ownership or operation of the dealership under the existing dealer agreement if the designated family member gives the manufacturer or distributor written notice of his or her intention to succeed to the dealership within one hundred twenty days after the dealer's death or incapacity, agrees to be bound by all of the terms and conditions of the dealer agreement, and meets the current criteria generally applied by the manufacturer or distributor in qualifying new motor vehicle dealers. A manufacturer or distributor may refuse to honor the existing dealer agreement with the designated family member only for good cause.
(2) The manufacturer or distributor may request from a designated family member such personal financial data as is reasonably necessary to determine whether the existing dealer agreement should be honored. The designated family member shall supply the personal and financial data promptly upon the request.
(3) If a manufacturer or distributor believes that good cause exists for refusing to honor that succession, the manufacturer or distributor may, within sixty days after receipt of the notice of the designated family member's intent to succeed the dealer in the ownership and operation of the dealership, or within sixty days after the receipt of the requested personal and financial data, whichever is later, serve upon the designated family member notice of its refusal to approve the succession.
(4) The notice of the manufacturer or distributor provided in subsection (3) of this section shall state the specific ground for the refusal to approve the succession and that discontinuance of the agreement shall take effect not less than ninety days after the date the notice is served.
(5) If notice of refusal is not served within the sixty days provided for in subsection (3) of this section, the dealer agreement shall continue in effect and shall be subject to termination only as otherwise permitted by the Motor Vehicle Industry Regulation Act.
(6) This section shall not preclude a new motor vehicle dealer from designating any person as his or her successor by written instrument filed with the manufacturer or distributor, and if such an instrument is filed, it alone shall determine the succession rights to the management and operation of the dealership.
Source
Laws 1984, LB 825, § 34;
Laws 2010, LB816, § 78.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1431 - Franchise; board; power of subpoena; administer oaths; compel witnesses and production of books, papers, documents; enforcement.

60-1431.
Franchise; board; power of subpoena; administer oaths; compel witnesses and production of books, papers, documents; enforcement.
The board may issue subpoenas, administer oaths, compel the attendance of witnesses and production of books, papers, documents, and all other evidence. The board may apply to the district court of the county wherein the hearing is being held for a court order enforcing this section.
Source
Laws 1971, LB 768, § 31.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1432 - Franchise; denial; license refused.

60-1432.
Franchise; denial; license refused.
If a franchisor enters into or attempts to enter into a franchise, whether upon termination or refusal to continue another franchise or upon the establishment of an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership in a community where the same line-make is then represented, without first complying with the Motor Vehicle Industry Regulation Act, no license under the act shall be issued to that franchisee or proposed franchisee to engage in the business of selling motor vehicles, combination motor vehicles and trailers, motorcycles, or trailers manufactured or distributed by that franchisor.
Source
Laws 1971, LB 768, § 32;
Laws 2010, LB816, § 80.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1433 - Franchise; termination; discontinuance; evidence of good cause.

60-1433.
Franchise; termination; discontinuance; evidence of good cause.
In determining whether good cause has been established for terminating or not continuing a franchise, the board shall take into consideration the existing circumstances, including, but not limited to:
(1) Amount of business transacted by the franchisee;
(2) Investment necessarily made and obligations incurred by the franchisee in the performance of his part of the franchise;
(3) Permanency of the investment;
(4) Whether it is injurious to the public welfare for the business of the franchisee to be disrupted;
(5) Whether the franchisee has adequate motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer service facilities, equipment, parts and qualified service personnel to reasonably provide consumer care for the motor vehicles, combination motor vehicles and trailers, motorcycles, or trailers sold at retail by the franchisee and any other motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer of the same line-make;
(6) Whether the franchisee refuses to honor warranties of the franchisor to be performed by the franchisee if the franchisor reimburses the franchisee for such warranty work performed by the franchisee;
(7) Except as provided in section 60-1429, failure by the franchisee to substantially comply with those requirements of the franchise which are determined by the board to be reasonable and material; and
(8) Except as provided in section 60-1429, bad faith by the franchisee in complying with those terms of the franchise which are determined by the board to be reasonable and material.
Source
Laws 1971, LB 768, § 33.
Annotations
Auto dealer-franchisee, who was proven to not meet the criteria of this section, was terminated as franchisee. American Motors Sales Corp. v. Perkins, 198 Neb. 97, 251 N.W.2d 727 (1977).
The nonexclusive factors of section call for a qualitative rather than a quantitative analysis. Chrysler Corp. v. Lee Janssen Motor Co., 9 Neb. App. 721, 619 N.W.2d 78 (2000).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1434 - Franchise; additional; service facility; evidence of good cause.

60-1434.
Franchise; additional; service facility; evidence of good cause.
In determining whether good cause has been established for entering into an additional franchise for the same line-make, the board shall take into consideration the existing circumstances, including, but not limited to:
(1) Amount of business transacted by other franchisees of the same line-make in that community;
(2) Investment necessarily made and obligations incurred by other franchisees of the same line-make, in that community, in the performance of their part of their franchises;
(3) Permanency of the investment;
(4) Effect on the retail motor vehicle business as a whole in that community;
(5) Whether it is injurious to the public welfare for an additional franchise to be established; and
(6) Whether the franchisees of the same line-make in that community are providing adequate consumer care for the motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer products of the line-make which shall include the adequacy of motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealer service facilities, equipment, supply of parts, and qualified service personnel.
No franchisor, franchisee, or other person shall, directly or indirectly, establish or authorize a separate consumer care or service facility to perform repairs and service, pursuant to the manufacturer's original warranty, on motor vehicles within any community previously assigned to and being served by an existing franchisee without first establishing good cause in the same manner as required for an additional franchise.
Source
Laws 1971, LB 768, § 34;
Laws 2000, LB 1018, § 7.
Annotations
In determining good cause for the establishment of a new automobile dealership, the Nebraska Supreme Court specifically considers each criterion as set out in this section. In re Application of General Motors Corp., 232 Neb. 11, 439 N.W.2d 453 (1989).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1435 - Franchise; appeal.

60-1435.
Franchise; appeal.
Any party to a hearing before the board, or hearing officer employed by the board, may appeal any final order entered in such hearing, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1971, LB 768, § 35;
Laws 1988, LB 352, § 108;
Laws 2022, LB1148, § 7.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1439 - Dealer, manufacturer, distributor; liability for damages to motor vehicles.

60-1439.
Dealer, manufacturer, distributor; liability for damages to motor vehicles.
(1) The new motor vehicle dealer shall be solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate purchaser. A delivery receipt signed by a new motor vehicle dealer shall be evidence of such dealer's acceptance of any new motor vehicles.
(2) The manufacturer or distributor shall be liable for all damages to motor vehicles before delivery to a carrier or transporter and while such vehicles are on the carrier or transporter, except that if the new motor vehicle dealer selected the method and mode of transportation and the carrier or transporter, then such dealer shall be liable for damages to any new motor vehicles after delivery to the carrier or transporter.
Source
Laws 1984, LB 825, § 22.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1439.01 - Motor vehicle provided by motor vehicle dealer; motor vehicle insurance policies; primary coverage; secondary coverage.

60-1439.01.
Motor vehicle provided by motor vehicle dealer; motor vehicle insurance policies; primary coverage; secondary coverage.
During the time when an insured person is operating a motor vehicle provided by a motor vehicle dealer for use while the insured person's motor vehicle is being serviced, repaired, or inspected by the motor vehicle dealer, when both the insured person's and motor vehicle dealer's motor vehicle insurance policies have a mutually repugnant clause regarding primary coverage, the insured person's motor vehicle insurance policy shall provide primary coverage for the motor vehicle and the motor vehicle insurance policy of the motor vehicle dealer shall provide secondary coverage until the motor vehicle is returned to the motor vehicle dealer. This section only applies to the loan of a motor vehicle by a motor vehicle dealer which occurs without financial remuneration in the form of a fee or lease charge paid directly by the insured person operating the motor vehicle. Payments made by any third party to a motor vehicle dealer, or similar reimbursements, shall not be considered payments directly from the insured person operating the motor vehicle.
Source
Laws 2013, LB133, § 2.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1440 - Violations; actions for damages and equitable relief; arbitration.

60-1440.
Violations; actions for damages and equitable relief; arbitration.
(1) Any person who is or may be injured by a violation of the Motor Vehicle Industry Regulation Act or any party to a franchise whose business or property is damaged by a violation of the act relating to that franchise may bring an action for damages and equitable relief, including injunctive relief.
(2) When a violation of the act can be shown to be willful or wanton, the court shall award damages. If the manufacturer engages in continued multiple violations of the act, the court may, in addition to any other damages, award court costs and attorney's fees.
(3) A new motor vehicle dealer, if he or she has not suffered any loss of money or property, may obtain final equitable relief if it can be shown that a violation of the act by a manufacturer may have the effect of causing such loss of money or property.
(4) If any action to enforce any of the provisions of the act is brought by a new motor vehicle dealer against a manufacturer and the new motor vehicle dealer prevails, he or she shall be awarded reasonable attorney's fees and the court shall assess costs against the manufacturer.
(5) If any dispute between a franchisor and franchisee becomes subject to resolution by means of binding arbitration, the provisions of the act regulating the relationship of franchisor and franchisee shall apply in any such proceeding.
Source
Laws 1984, LB 825, § 31;
Laws 1989, LB 280, § 9;
Laws 2010, LB816, § 85.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-1501 - Director; qualifications.

60-1501.
Director; qualifications.
The Director of Motor Vehicles at the time of his appointment and qualification shall (a) be a citizen of the United States and a resident of the State of Nebraska, (b) have been a qualified voter in the state for a period of at least five years preceding his appointment, and (c) not be less than thirty years of age.
Source
Laws 1957, c. 366, § 54, p. 1284.