§ 60-1407.01 — License; application; filing; investigation; report; contents; requirements; revocation of license; when

Nebraska § 60-1407.01

• Jurisdiction: Nebraska
• Ch. 60: Motor Vehicles

Text

(1) Upon the filing of any application, a staff member of the board
shall endorse on it the date of filing. If no patent disqualification of the
applicant is disclosed or if no valid objection to the granting of the application
is apparent and if all requirements relative to the filing of the application
appear to have been complied with, the chairperson of the board or executive
director shall refer the application to a staff member for investigation and
report. The report shall include:
(a) A statement as to whether or not the applicant or any person holding
any financial interest in the applicant is for any reason disqualified by the Motor Vehicle Industry Regulation
Act from obtaining or exercising a license and whether or not
the applicant has complied with all the requirements of the act relative to the making and filing of
his or her application;
(b) Information relating to any and all other matters and things which
in the judgment of the staff member pertain to or affect the matter of the
application or the issuance or exercise of the license applied for; and
(c) In the case of an application for a dealer's license:
(i) A description of the premises intended to become the licensed premises
and of the equipment and surrounding conditions;
(ii) If the applicant has held a prior dealer's license for the same
or any other premises within two years past, a statement as to the manner
in which the premises have been operated and the business conducted under
the previous license; and
(iii) If the applicant proposes to engage in the business of selling
new motor vehicles, motorcycles, or trailers, a written statement from the
applicable manufacturer, factory branch, factory representative, distributor,
distributor branch, or distributor representative, or such other evidence
as prescribed by the board, that the applicant is authorized to sell or distribute
such new motor vehicles, motorcycles, or trailers.
(2) After the filing of the report, the board may interview the applicant.
Notice of such interview shall be given at least ten days prior to the interview.
(3) The executive director shall not issue or renew a license if the
applicant or licensee does not (a) maintain an established place of business,
(b) meet the requirement for a bond pursuant to section 60-1419 , (c) present
a certificate or policy of insurance written by an insurance carrier duly
authorized to do business in this state which gives the effective dates of
coverage indicating that it is in force, which covers the fleet of motor vehicles
owned by the applicant or licensee in the ordinary course of business, and
which provides liability coverage as described in sections 60-534 and 60-538 , (d) present evidence of
compliance with the insurance requirements of the Nebraska Workers' Compensation
Act, and (e) meet requirements
for licensure and comply with the Motor Vehicle Industry Regulation Act, the
rules and regulations adopted and promulgated by the board, and any amendments
to the act and the rules and regulations. The executive director
shall refuse to renew a motor vehicle dealer's license if the dealer cannot
prove that he or she sold at least five motor vehicles during the previous
licensing period. The requirement under subdivision (c) of this subsection
for a certificate or policy of insurance shall not apply to trailer dealers.
(4) The board shall revoke the license of any licensee if, after December
31, 1991, it comes to the attention of the board that the policy of motor
vehicle liability coverage required under subdivision (3)(c) of this section
is no longer in force.
(5) Nothing in this section shall be construed to change any existing
liability or to create any new liability.

Legislative History

Source: Laws 1971, LB 768, § 8; Laws 1984, LB 825, § 15; Laws 1989, LB 280, § 2; Laws 1991, LB 171, § 1; Laws 1999, LB 632, § 2; Laws 2010, LB816, § 61. Cross References: Nebraska Workers' Compensation Act, see section 48-1,110.