Nebraska § 45-744 Cease
and desist orders; department; powers; judicial review;
violation; penalty

Nebraska Statutes

§ 45-744 — Cease and desist orders; department; powers; judicial review; violation; penalty

Nebraska § 45-744

Ch. 45Interest, Loans, and Debt

This text of Nebraska § 45-744 (Cease and desist orders; department; powers; judicial review; violation; penalty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 45-744 (2026).

Text

(1)The department may order any person to cease and desist whenever the department determines that the person has violated any provision of the Residential Mortgage Licensing Act. Upon entry of a cease and desist order, the director shall promptly notify the affected person that such order has been entered, of the reasons for such order, and that upon receipt, within fifteen business days after the date of the order, of written request from the affected person a hearing will be scheduled within thirty business days after the date of receipt of the written request 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 and none is ordered by the director, the order shall remain in effect until it is modified or vacat

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(1) The department may order any person to cease and desist whenever
the department determines that the person has violated any provision of the Residential Mortgage Licensing
Act. Upon entry of a cease and desist order, the director shall promptly notify
the affected person that such order has been entered, of the reasons for such
order, and that upon receipt, within fifteen business days after the date
of the order, of written request from the affected person a hearing will be
scheduled within thirty business days after the date of receipt of the written
request 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 and none is
ordered by the director, the order shall remain in effect until it is modified
or vacated.
(2) The director may vacate or modify a cease and desist 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.
(3) A person aggrieved by a cease and desist order of the director may
obtain judicial review of the order in the manner prescribed in the Administrative
Procedure Act and the rules
and regulations adopted and promulgated under the act. The director
may obtain an order from the district court of Lancaster County for the enforcement
of the cease and desist order.
(4) A person who violates a cease and desist order of the director may,
after notice and hearing and upon further order of the director, be subject
to a penalty of not more than five thousand dollars for each act in violation
of the cease and desist order.

Legislative History

Source: Laws 1989, LB 272, § 20; Laws 1995, LB 163, § 8; Laws 2000, LB 932, § 33; Laws 2001, LB 53, § 102; Laws 2006, LB 876, § 33; R.S.Supp.,2008, § 45-717; Laws 2009, LB328, § 29. Cross References: Administrative Procedure Act, see section 84-920.