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Financial Institution Mortgage Financing Regulation Act | |
Financial Institution Loan Originator Licensing Act | |
Section 501 | Disciplinary action. |
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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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