76-2108. Denial, suspension, or revocation; when; order; hearing.

The commission may by order deny a membership camping operator's application or suspend or revoke his or her registration if the commission finds that the order is for the protection of prospective purchasers or purchasers of membership camping contracts or that one of the following applies:

(1) The membership camping operator's advertising, sales techniques, or trade practices have been or are deceptive, false, or misleading;

(2) The membership camping operator is not financially responsible or has insufficient capital to warrant its offering or selling membership camping contracts in this state. The commission may require a surety bond or, if one is unobtainable, other evidence of financial assurances satisfactory to the commission;

(3) The membership camping operator's application for registration or an amendment to the registration is incomplete in a material respect;

(4) The membership camping operator has failed to file timely amendments to the application for registration as required by subsection (4) of section 76-2105;

(5) The membership camping operator has failed to comply with any provision of the Membership Campground Act that materially affects the rights of purchasers, prospective purchasers, or owners of membership camping contracts;

(6) The membership camping operator has made a false or misleading representation or concealed material facts in any document or information filed with the commission; or

(7) The membership camping operator has represented or is representing to purchasers in connection with the offer to sell membership camping contracts that a particular facility is planned without reasonable expectation that the facility will be completed within a reasonable time or without the apparent means to ensure its completion.

An order denying an application or suspending or revoking a registration shall be sent by certified mail, return receipt requested, to the applicant or registrant. The applicant or registrant shall have thirty calendar days from the date the order was mailed to request a hearing. If a hearing is not requested within thirty days and is not ordered by the commission, the order shall remain in effect until modified or vacated by the commission, except that if the commission finds that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the order, summary suspension of a membership camping operator's registration may be ordered. If the membership camping operator desires to contest the summary order, the membership camping operator shall request a hearing within fifteen calendar days of service of the summary order. If so requested, the hearing shall be instituted within twenty calendar days of the request, and the contest of the summary order shall be promptly determined.

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