§ 28-4503 — Out-of-business cancellations; hearing

A. Notwithstanding section 28-4494, if the department documents that a licensee has ceased operating as a motor vehicle dealer, the department may cancel the licensee's license and give notice of the cancellation to the licensee in writing. The notice shall state that the department will provide an opportunity for a hearing if the department receives a written request from the licensee for a hearing within thirty days after the notice is sent. If a licensee requests a hearing, the licensee shall show cause at the hearing why the license should not be canceled.

B. If a hearing is requested, the department or the department's duly authorized agent shall issue subpoenas to persons as the licensee requests that require them to be present and testify at the hearing. A transcript of the testimony of witnesses taken at the hearing shall be made and preserved.

C. If a hearing is held, within ten days after the hearing, the department or the department's duly authorized agent shall make written findings of fact and conclusions and by order uphold the cancellation or decline to uphold the cancellation.