60-1402. Board; creation; membership; qualifications; appointment; term; per diem; traveling expenses.
615 words·~3 min read·
/ne/chapter-60/60-1402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Nebraska Motor Vehicle Industry Licensing Board is created.
(2)The board shall consist of the Director of Motor Vehicles, who shall be the chairperson of the board, and the following eleven members appointed by the Governor:
(a)One factory representative;
(b)One member of the general public;
(c)One motorcycle dealer;
(d)One new motor vehicle dealer from each of the three congressional districts of the state as the districts existed on October 19, 1963;
(e)Two used motor vehicle dealers. Not more than one used motor vehicle dealer shall be appointed from the same congressional district as such districts existed on October 19, 1963;
(f)One trailer dealer or combination motor vehicle or trailer dealer;
(g)One recreational vehicle dealer that is licensed under the Motor Vehicle Industry Regulation Act; and
(h)One recreational vehicle manufacturer that is licensed under the Motor Vehicle Industry Regulation Act.
(3)No member of the board shall participate in any manner in a proceeding before the board involving his or her licensed business.
(4)(a) On October 19, 1963, the Governor shall appoint a new motor vehicle dealer and a trailer dealer or combination motor vehicle or trailer dealer to the board. In making the appointments, the Governor shall appoint one of the new members for one year and one for two years as designated by the Governor in making the appointments.
(b)On January 1, 1972, the Governor shall appoint one factory representative and one member of the general public to the board, designating one to serve for a term of one year and one for a term of two years.
(c)On January 1, 1974, the Governor shall appoint one motorcycle dealer to serve for a term of three years.
(d)No later than January 1, 2027, the Governor shall appoint the members described in subdivisions (2)(g) and
(h)of this section. Such members shall be appointed for terms of three years. Such three-year terms shall begin on January 1, 2027.
(5)(a) At the expiration of the term of any appointed member of the board, the Governor shall appoint a successor for a term of three years.
(b)In the event of a vacancy on the board, the Governor shall fill such vacancy by appointing a member to serve during the unexpired term of the member whose office has become vacant.
(c)No member appointed shall serve more than two consecutive terms.
(6)The action of the majority of the members of the board shall be deemed the action of the board.
(7)All appointments made to the board, except the Director of Motor Vehicles, shall be confirmed by the Legislature if in session. In the event the Legislature is not in session all appointments including appointments to fill a vacancy shall be temporary appointments until the next meeting of the Legislature when the Governor shall nominate some person to fill the office. Any person so nominated who is confirmed by the Legislature shall hold office during the remainder of the term.
(8)No appointed person may act as a member of the board while holding any other elective or appointive state or federal office except the Director of Motor Vehicles.
(9)All appointed members of the board shall be paid fifty dollars for each day actually engaged in the performance of their duties and be entitled to their reasonable traveling expenses in the performance of their duties.
The composition of the Nebraska Motor Vehicle Industry Licensing Board is not inherently biased against automobile manufacturers, and therefore, the composition of the board does not violate the manufacturer's due process rights. Chrysler Motors Corp. v. Lee Janssen Motor Co., 248 Neb. 322, 534 N.W.2d 309 (1995).