Nebraska Administrative Code › Topic - SECRETARY OF STATE › Title 433 - SECRETARY OF STATE › Chapter 2 - COLLECTION AGENCY LICENSING › Section 433-2-010 - REVOCATION OR SUSPENSION OF AGENCY LICENSE OR SOLICITOR'S CERTIFICATE

Current through June 17, 2024
010.01. The Board may, upon an affirmative
				vote of the majority of the members of the Board and after its own
				investigation, and will upon sworn complaint of any person or client of a
				licensee, cite the licensee or solicitor to appear before it at a time and
				place as set forth in such citation, to show cause as to why such license
				should not be suspended or revoked. Such citation will be in writing and shall
				set forth the exact charges against the licensee or solicitor. The citation
				will be served upon the licensee or solicitor at least twenty days prior to the
				hearing in the same manner that summons of the district courts are served. If
				the citation is against a solicitor, a true copy of the citation will also be
				served upon the licensee under whose license the solicitor's certificate was
				issued.
010.02. In preparation for
				and the conduct of such hearing the Board may issue subpoenas to require the
				attendance and testimony of witnesses, the production of any pertinent records,
				papers, books and documents, may administer oaths, examine witnesses, and take
				any evidence it deems pertinent to a proper determination of the charge. The
				party against whom the citation has been issued have has the right to obtain
				from the Secretary of State subpoenas for such witnesses the party may desire
				to have at such hearing. Depositions may be taken and used at such hearings in
				the same manner as they are taken and used in the district courts of this
				state. Witnesses so subpoenaed will receive the same fees as witnesses in the
				district courts of this state.
010.03. The Board will record the testimony
				given at the hearing and maintain a file containing such testimony as well as a
				record of all witnesses who appeared and all documents or items offered as
				exhibits.
010.04. After such
				hearing the Board will approve by a vote of a majority of its members a
				statement of its findings in writing and signed by the Secretary of State. If
				the Board finds that the cited licensee or solicitor has failed to comply with
				the Act, or failed to comply with the general intent and purposes of the Act,
				the Board may revoke such license or certificate, or suspend such license or
				certificate for a specified time. A certified copy of the findings will be
				served upon the cited licensee or solicitor by certified mail within five days
				of the issuance of such findings.
010.05. The Board may make the reinstatement
				of a suspended license contingent upon satisfactory evidence being produced
				that the suspended licensee or certificate holder has acted to remedy the
				situation or action which was cause for the suspension or has taken steps to
				ensure that the situation or action does not re-occur. Any such requirement
				will be included in the findings of the Board in addition to such revocation or
				suspension.