28-4496. Licensed dealer or automotive recycler; hearing; civil penalty

A. Notwithstanding section 28-4495, the director may conduct a hearing pursuant to section 28-4491 if the director alleges that a licensed motor vehicle dealer or automotive recycler refuses or fails to comply with a cease and desist order issued pursuant to section 28-4498.

B. The director shall conduct a hearing pursuant to section 28-4491 if the director alleges that a licensed motor vehicle dealer has violated section 28-4493, subsection A, paragraph 9.

C. The director shall hold the hearing at least fifteen but not more than thirty days after service of a written notice. The director shall send the notice by personal delivery or certified mail to the address provided to the department in the report alleging the noncompliance.

D. A finding that a licensed motor vehicle dealer or automotive recycler is in violation of this chapter requires that all of the following conditions exist, and the scope of the hearing is limited to the following:

1. A determination that the person refuses or fails to comply with the requirements of section 28-4498.

2. A determination that the person ordered to appear at the hearing is responsible for the violation.

E. If after reviewing the allegations and results of the hearing the director determines that the licensed motor vehicle dealer or automotive recycler is in violation of this chapter, the director may impose the civil penalty pursuant to section 28-4501.

F. After consideration of the evidence presented at the hearing, the director shall serve notice of the director's finding and order within five days after the hearing.