251 Neb. Admin. Code, ch. 1, § 012

Current through September 17, 2024

Section 251-1-012 - LICENSE OR PERMIT, ISSUANCE; SUSPENSION OR REVOCATION; GROUNDS; PROCEDURE; CANCELLATION; REINSTATEMENT FEE

012.01Issuance of Permit or License; Denial.

After reviewing an application received in proper form, the Department may issue to the applicant a permit or license.

012.01A The Department may refuse to issue a permit or license to any person:

012.01A1 Who previously had a permit or license issued under the motor fuel laws of any state which prior to the time of filing the application, has been suspended or revoked for cause;

012.01A2 Who is a subterfuge for the real party in interest whose license, prior to the time of filing of the application, has been suspended or revoked for cause;

012.01A3 Which has a partner, limited liability company member, or shareholder with a ten percent (10%) or larger ownership interest, any person who is unable to obtain a license or permit in his or her own name;

012.01A4 Who has been convicted of a felony in the last ten (10) years; or

012.01A5 Upon other sufficient cause being shown.

012.01BHearing. Before refusing to issue a permit or license, the Department shall grant a hearing and shall grant him or her at least ten (10) days written notice of the time and place of the hearing.

012.02Grounds for Suspension or Revocation.

Any license or permit issued by the Department under IFTA may be suspended or revoked for the following reasons:

012.02A Cancellation of security;

012.02B Failure to provide additional security as required;

012.02C Failure to file any report or return, filing an incomplete report or return, or not filing electronically, within the time provided;

012.02D Failure to pay taxes due within the time provided;

012.02E Filing of any false report, return, statement, or affidavit, knowing it to be false;

012.02F No longer being eligible to obtain a license or permit; or

012.02G Any grounds for suspension or revocation provided by statute or any other violation of the motor fuel laws or the rules and regulations, or convictions for violations of law pursuant to Neb. Rev. Stat.66-727.

012.03Notice of Suspension or Revocation.

The Department shall mail notice of suspension of any license or permit as provided in section 004.10 of these rules and regulations.

012.04Petition to Appeal License Suspension or Revocation; Department Response.

The licensee or permit holder may, within thirty (30) days after the mailing of the notice of such suspension or revocation, petition the Department in writing for a hearing and reconsideration of such suspension or revocation as provided in 004 of these rules and regulations. If a petition is filed, the Department shall, within ten (10) days of the receipt of the petition, set a hearing date at which the licensee or permit holder may show cause why his or her suspended or revoked license or permit should not be suspended or revoked. The Department shall give the licensee or permit holder reasonable notice of the time and place of such hearing. Within a reasonable time after the conclusion of the hearing, the Department shall issue an order either reinstating or canceling such license or permit.

012.05No Petition Filed.

If a petition is not filed within the thirty-day (30-day) period, the suspended license or permit shall be revoked by the Department at the expiration of the thirty-day (30-day) period.

012.06Reinstatement.

Any licensee who has been revoked shall require a reinstatement fee of one hundred dollars ($100) to be submitted to the Department and all delinquencies shall be satisfied and, at the discretion of the Director, a fuel tax bond is secured. The Department shall remit the fee to the State Treasurer for credit to the Highway Cash Fund.

012.07Duty to File Reports or Returns.

Suspension or revocation or cancellation of a license or permit issued by the Department shall not relieve any person from making or filing the reports or returns required by IFTA in the manner or within the time required by the agreement.

251 Neb. Admin. Code, ch. 1, § 012