28-4494. License suspension or cancellation; hearing

A. On determining that grounds for suspension or cancellation of a license exist, the director shall give notice of the grounds to the licensee in writing and by the notice shall require the licensee to appear before the director at a specified time and place to show cause why the licensee's license should not be suspended or cancelled.

B. At the time and place fixed by the director and at least ten days after the notice, the licensee shall appear and be heard and may have other persons the licensee desires be present and testify at the hearing.

C. The director shall issue subpoenas to persons as the licensee requests that require them to be present and testify at the hearing. A transcript of the testimony of witnesses taken at the hearing shall be made and preserved.

D. Within ten days after the hearing, the director shall make written findings of fact and conclusions and by order either shall suspend or cancel or decline to suspend or cancel the license.

E. If the license is subject to suspension or cancellation for a violation of section 28-4493, subsection A, paragraph 11, the suspension or cancellation is effective for not more than two years and is effective only in the territory formerly served by the unfairly cancelled dealer, except that in a metropolitan area served by several dealers enfranchised to sell the same make of new motor vehicles, the suspension or cancellation order does not affect the relationship of the manufacturer with the remaining dealers in the area.

F. If the license is subject to suspension or cancellation for a second violation of section 28-4493, subsection A, paragraph 9, the suspension or cancellation is effective for five years.

G. The director may suspend or cancel the license of a licensee, after providing at least thirty days' written notice to the licensee, if any of the following occurs:

1. A bond furnished by a licensee pursuant to this chapter is insufficient and the licensee fails to provide any additional or other bond as required by the director.

2. The surety on a bond furnished by a licensee pursuant to this chapter requests to be released and discharged and the licensee fails to provide any additional or other bond as required by the director.