8-2736. Cease and desist; order; procedure.
252 words·~1 min read·
/ne/chapter-8/8-2736A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)If the director determines that a violation of the Nebraska Money Transmitters Act or of a rule or regulation adopted and promulgated or an order issued under the act by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, the licensee's customers, or the public as a result of the violation, or cause insolvency or significant dissipation of assets of the licensee, the director may issue an order requiring the licensee or authorized delegate to cease and desist from the violation. The order becomes effective upon service of the order upon the licensee or authorized delegate.
(2)The director may issue an order against a licensee to cease and desist from providing money transmission through an authorized delegate that is the subject of a separate order by the director.
(3)An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to the Administrative Procedure Act.
(4)A licensee or an authorized delegate that is served with an order to cease and desist may petition the district court of Lancaster County for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to the Administrative Procedure Act.
(5)Upon entry of an order to cease and desist, the director shall promptly notify the affected person that such order has been entered and provide opportunity for hearing in accordance with the Administrative Procedure Act.