Nebraska Statutes 44-3714. Motor club; director; issue cease and desist order; revoke or suspend certificate; grounds; hearing
The director may order the club to cease and desist or may revoke, suspend, or refuse to continue the certificate of authority of a club whenever, after a hearing and for cause shown, he or she determines that any of the following circumstances exist:
Terms Used In Nebraska Statutes 44-3714
- Club: shall mean any organization or other person presently or hereafter engaged in selling, furnishing, or making available to members, either as principal or agent, motor club services. See Nebraska Statutes 44-3703
- Contract: A legal written agreement that becomes binding when signed.
- Director: shall mean the Director of Insurance. See Nebraska Statutes 44-3705
- Fraud: Intentional deception resulting in injury to another.
- Motor club service: shall mean the rendering, furnishing, or procuring of, or reimbursement for any of the services enumerated in this section, which shall include but not be limited to:
(1) Towing service. See Nebraska Statutes 44-3707
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) The club has violated or failed to comply with any provision of the Motor Club Services Act or any rule or regulation adopted and promulgated under such act;
(2) The club has obtained a certificate of authority through willful misrepresentation or fraud;
(3) The club has engaged in fraudulent or dishonest practices;
(4) The club has willfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of any motor club service contract issued or to be issued by it or any other club;
(5) The club is unable to meet its obligations as determined by generally accepted accounting principles; or
(6) The club has refused without just cause to submit relevant information to the director with respect to the motor club services within this state after it has received notice of an alleged occurrence of any of the actions in subdivisions (1) through (5) of this section.