45-743 Violations; administrative fine; costs; lien.
45-743. Violations;administrative fine; costs; lien.(1) The director may, followinga hearing under the Administrative Procedure Act and the rules and regulations adopted and promulgated underthe act, impose an administrative fine against any officer, director,shareholder, partner, or member of a licensee, if the director finds the licenseeor any such person participated in or had knowledge of any act prohibitedby sections 45-737, 45-740, and 45-742 or otherwise violated the Residential Mortgage LicensingAct. Such administrative fine shall be in addition to or separate from anyfine imposed against a licensee pursuant to section 45-742.(2) If the director finds, after notice and hearing in accordance withthe Administrative Procedure Act andthe rules and regulations adopted and promulgated under the act,that any person has knowingly committed any act prohibited by section 45-742 or otherwise violated the Residential Mortgage LicensingAct, the director may order such person to pay (a) an administrative fineof not more than five thousand dollars for each separate violation and (b)the costs of investigation.(3) If a person fails to pay an administrative fine and the costs ofinvestigation ordered pursuant to this section, a lien in the amount of suchfine and costs may be imposed upon all assets and property of such personin this state and may be recovered in a civil action by the director. Thelien shall attach to the real property of such person when notice of the lienis filed and indexed against the real property in the office of the registerof deeds in the county where the real property is located. The lien shallattach to any other property of such person when notice of the lien is filedagainst the property in the manner prescribed by law. Failure of the personto pay such fine and costs shall constitute a separate violation of the act. SourceLaws 1995, LB 163, § 9; Laws 2003, LB 218, § 12; Laws 2006, LB 876, § 34; R.S.Supp.,2008, § 45-717.01; Laws 2009, LB328, § 28. Cross ReferencesAdministrative Procedure Act, see section 84-920.