§ 44-3524 — Cease and desist order; notice; hearing; injunction

Nebraska § 44-3524

• Jurisdiction: Nebraska
• Ch. 44: Insurance

Text

(1) The
director may issue an order instructing a motor vehicle service contract
provider to cease and desist from selling or offering for sale motor vehicle
service contracts if the director determines that the provider has failed
to comply with the Motor Vehicle Service Contract Reimbursement Insurance
Act. At the same time the order
is issued, the director shall serve notice to the motor vehicle service provider
of the reasons for such order and that the motor vehicle service provider
may request a hearing in writing within ten business days after receipt of
the order. If a hearing is requested, the director shall schedule a hearing
within ten business days after receipt of the request. The hearing shall be
conducted in accordance with the Administrative Procedure Act. If a hearing
is not requested and none is ordered by the director, the order shall remain
in effect until modified or vacated by the director.
(2) Upon the failure of a
motor vehicle service contract provider to obey a cease and desist order issued
by the director, the director may give notice in writing of the failure to
the Attorney General who may commence an action against the provider to enjoin
the provider from selling or offering for sale motor vehicle service contracts
until the provider complies with the act. The district court may issue the
injunction.

Legislative History

Source: Laws 1990, LB 1136, § 96; Laws 2014, LB700, § 15. Cross References: Administrative Procedure Act, see section 84-920.