28-1147. Revocation or suspension of envelope permits and privileges

A. The director may suspend or revoke an envelope permit if the director determines that the person:

1. Made a material misrepresentation or misstatement in the application for an envelope permit.

2. Violated or is violating either:

(a) A law of this state governing the movement of vehicles on the highways.

(b) A rule adopted by the director or a local authority.

3. Does not have an established place of business or principal place of business.

4. Failed or is failing to maintain records that are required to be maintained.

B. On determining that grounds for suspension or revocation of an envelope permit exist, the director shall give notice to the person in writing of the suspension or revocation. The notice shall require the person to appear before the director at a specified time and place to show cause why the envelope permit should not be suspended or revoked. The director shall set the time and place for the hearing. The licensee may appear and be heard at the hearing and other persons may be present and may testify at the hearing. The order of suspension or revocation is final if a response is not received from the permittee within fifteen days of the date the notice for hearing was mailed.

C. If the envelope permit of a person is suspended for a violation of this article, the suspension is not effective for more than two years. If the envelope permit is revoked for a violation of this article, the person may apply for a new envelope permit after two years. The director shall make a written order that suspends or revokes or declines to suspend or revoke the envelope permit.

D. If the director determines that a person failed to obtain an envelope permit or a permit under section 28-1103, the director may suspend the privilege of obtaining subsequent permits for two years from the date of the suspension. A person whose permit privileges are suspended may request a hearing within fifteen days to show cause why the envelope permit privileges should not be reinstated. At the time and place fixed by the director, the person shall appear and be heard and other persons may be present and may testify at the hearing.

E. Decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.