Financial Institution Mortgage Financing Regulation Act
Financial Institution Loan Originator Licensing Act
Section 501
Disciplinary action.
     70D-3-501.   Disciplinary action.
     (1) The commissioner may through an adjudicative proceeding subject to Title 63G, Chapter 4, Administrative Procedures Act, impose a sanction described in Subsection (2) against an individual if the individual:
     (a) is licensed or required to be licensed under this chapter; and
     (b) violates this chapter.
     (2) The commissioner may against an individual described in Subsection (1) who violates this chapter:
     (a) impose an educational requirement;
     (b) impose a civil penalty against the individual in an amount not to exceed the greater of:
     (i) $2,500 for each violation; or
     (ii) the amount equal to any gain or economic benefit derived from each violation;
     (c) deny an application for an initial license;
     (d) do any of the following to a license under this chapter:
     (i) suspend;
     (ii) revoke;
     (iii) place on probation;
     (iv) deny renewal;
     (v) deny reinstatement;
     (vi) in the case of a denial of a license, set a waiting period for an individual to apply for a license under this chapter; or
     (vii) issue a cease and desist order; or
     (e) impose a combination of sanctions described in this Subsection (2).
     (3) (a) If the commissioner determines that a practice that the commissioner alleges is unlawful should be enjoined during the pendency of a proceeding incident to an allegation, the commissioner may issue a temporary order in accordance with Section 63G-4-502:
     (i) at the commencement of the proceedings; or
     (ii) at any time after the proceeding commences.
     (b) For purposes of Section 63G-4-502, an immediate and significant danger to the public health, safety, or welfare exists if the commissioner finds from specific facts supported by sworn statement or the records of a person subject to the order that loan applicants or mortgagors are otherwise likely to suffer immediate and irreparable injury, loss, or damage before a proceeding incident to a final order can be completed.

Enacted by Chapter 72, 2009 General Session
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