Nebraska Statutes 8-2741. License; suspension or revocation;grounds; director; powers and duties; hearing; surrender; cancellation; expiration
(1) The director may, following a hearing in accordance with the Administrative Procedure Act, suspend or revoke any license issued pursuant to the Nebraska Money Transmitters Act if he or she finds:
Terms Used In Nebraska Statutes 8-2741
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Banking and Finance. See Nebraska Statutes 8-2708
- Director: means the Director of Banking and Finance. See Nebraska Statutes 8-2709
- Licensee: means a person licensed pursuant to the Nebraska Money Transmitters Act. See Nebraska Statutes 8-2713
- Money transmission: means the business of the sale or issuance of payment instruments or stored value or of receiving money or monetary value for transmission to a location within or outside the United States by any and all means, including wire, facsimile, or electronic transfer. See Nebraska Statutes 8-2716
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means any individual, partnership, limited liability company, association, joint-stock association, trust, or corporation. See Nebraska Statutes 8-2721
(a) Any fact or condition exists that, if it had existed at the time when the licensee applied for its original or renewal license, would have been grounds for denying such application;
(b) The licensee’s net worth has become inadequate and the licensee, after ten days’ written notice from the director, failed to take such steps as the director deems necessary to remedy such deficiency;
(c) The licensee knowingly violated any material provision of the act or any rule or order validly adopted and promulgated under the act;
(d) The licensee conducted money transmission in an unsafe or unsound manner;
(e) The licensee is insolvent;
(f) The licensee has suspended payment of its obligations, made an assignment for the benefit of its creditors, or admitted in writing its inability to pay its debts as they became due;
(g) The licensee filed for liquidation or reorganization under any bankruptcy law;
(h) The licensee refused to permit the director to make any examination authorized by the act; or
(i) The licensee willfully failed to make any report required by the act.
(2) In determining whether a licensee is engaging in an unsafe or unsound practice, the director may consider the size and condition of the licensee’s money transmission, the magnitude of the loss, if any, the gravity of the violation of the act, and the previous conduct of the licensee.
(3) A licensee may voluntarily surrender a license by delivering to the director written notice of the surrender, but a surrender shall not affect civil or criminal liability for acts committed before the surrender or liability for any fines which may be levied against the licensee or any of its officers, directors, key shareholders, partners, or members for acts committed before the surrender.
(4)(a) If a licensee fails to renew its license as required by section 8-2734 and does not voluntarily surrender the license pursuant to this section, the department may issue a notice of expiration of the license to the licensee in lieu of revocation proceedings.
(b) If a licensee fails to maintain a surety bond as required by section 8-2727, the department may issue a notice of cancellation of the license in lieu of revocation proceedings.
(5) Revocation, suspension, surrender, cancellation, or expiration of a license shall not impair or affect the obligation of a preexisting lawful contract between the licensee and any person.
(6) Revocation, suspension, cancellation, or expiration of a license shall not affect civil or criminal liability for acts committed before the revocation, suspension, cancellation, or expiration or liability for any fines which may be levied against the licensee or any of its officers, directors, key shareholders, partners, or members for acts committed before the revocation, suspension, cancellation, or expiration.