75-321. Certificate; permit; death or incompetency of holder; transfer; approval of commission.

289 words·~1 min read·/ne/chapter-75/75-321

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Upon the death of an individual holder of a certificate or permit, or upon an individual certificate or permit holder being legally declared mentally incompetent, the authority conferred by such certificate shall continue with the legal representative of the deceased or mentally incompetent holder thereof for a period of one year from the date of the holder's death or the declaration of mental incompetency, after which the authority conferred thereby shall cease and the certificate or permit be revoked and canceled without further order of the commission, unless application has been made to transfer such authority, in which case the authority shall continue with the legal representative until there has been a final determination of the application.

In the event that application is made by the legal representative not less than thirty days prior to the end of such period of one year, the commission may, at its discretion and for cause shown, allow the transfer of the authority to the executors, administrators, guardians, trustees, or other legal representatives of the deceased holder for a period to be fixed by the commission. In considering such application, pertinent orders or decrees of the court having jurisdiction over the estate of the decedent or mentally incompetent person may be deemed cause for the granting thereof.

When the individual holder of a certificate or permit dies or is declared legally incompetent and an application is made to transfer the authority issued under the certificate or permit to his or her legal representative, the commission may dispose of the application without hearing, if notice is given to all interested parties.

This section is not applicable after order authorizing permanent transfer. Andrews Van Lines, Inc. v. Smith, 187 Neb. 533, 192 N.W.2d 406 (1971).