§ 60-1415 — Disciplinary actions; findings of board; order; restitution; appeal; distribution of fines

Nebraska § 60-1415

• Jurisdiction: Nebraska
• Ch. 60: Motor Vehicles

Text

(1)
The board shall state in writing, officially signed by the chairperson or
vice-chairperson and the executive director, its findings and determination
after such hearing and its order in the matter. If the board determines and
orders that an applicant is not qualified to receive a license or registration,
no license or registration shall be granted. If the board determines that
the party has willfully or through undue negligence been guilty of any violation
of the Motor Vehicle Industry Regulation
Act or any rule or regulation adopted and promulgated by the board
under authority of the
act, the board may suspend or revoke the license or registration,
place the party on probation, assess an administrative fine, or take any combination
of such actions. In determining the amount of the fine, the board may consider
the appropriateness of the penalty with respect to the gravity of the violation,
the history of previous violations, and any attempt made by the party to retaliate
against another party for seeking relief pursuant to the laws, rules, or regulations
relating to motor vehicle industry licensing. The board may also, after hearing,
assess an additional administrative fine in an amount not to exceed five thousand
dollars for each day a violation continues if a party fails to obey a direct
order of the board or repeats the same violation within forty-eight months
of the previous violation. The imposition of any such additional administrative
fine shall commence one month after the initial order of the board or any
final order on appeal if taken for failure to obey a direct order of the board
and on the date of the second or subsequent violation for repeat violations
within forty-eight months. The board may make a demand on a violator for restitution
to a harmed consumer. The party may appeal the decision of the board. The
appeal shall be in accordance with the Administrative Procedure Act.
(2) The board shall remit administrative fines
to the State Treasurer on a monthly basis for distribution in accordance with
Article VII, section 5, of the Constitution of Nebraska. Any administrative
fine imposed under this section and unpaid shall constitute a debt to the
State of Nebraska which may be collected by lien foreclosure or sued for and
recovered in any proper form of action, in the name of the State of Nebraska,
in the district court of the county in which the violator resides or owns
property.

Legislative History

Source: Laws 1957, c. 280, § 15, p. 1023; Laws 1963, c. 365, § 11, p. 1178; Laws 1967, c. 394, § 9, p. 1236; Laws 1971, LB 768, § 17; Laws 1972, LB 1335, § 12; Laws 1974, LB 754, § 12; Laws 1978, LB 248, § 10; Laws 1984, LB 825, § 25; Laws 1988, LB 352, § 107; Laws 1993, LB 106, § 3; Laws 2010, LB816, § 69. Cross References: Administrative Procedure Act, see section 84-920. Annotations: A motor vehicle dealer is not a consumer within the meaning of this section, and therefore, a dealer may not be granted restitution under the authority of this section. Chrysler Corp. v. Lee Janssen Motor Co., 248 Neb. 281, 534 N.W.2d 568 (1995). The failure of the Nebraska Motor Vehicle Industry Licensing Board to make a specific determination of undue negligence or willfulness is not fatal if the court finds, after a de novo review, the record supports such a finding. Park Place Pontiac v. Neb. Motor Vehicle Ind. Lic. Bd., 232 Neb. 273, 440 N.W.2d 445 (1989). In order to perfect an appeal from an order of the Nebraska Motor Vehicle Industry Licensing Board, an appeal bond must be filed with the board within ten days of the rendition of the order. Kizzier Chevrolet Co. v. General Motors Corp., 219 Neb. 319, 363 N.W.2d 167 (1985).