§ 2210 - Revocation, suspension or nonrenewal of license; cease and desist orders
§ 2210. Revocation, suspension or nonrenewal of license; cease and desist orders
(a) The commissioner may deny, suspend, revoke, condition, or refuse to renew a license, or order that any person or licensee cease and desist in any specified conduct if the commissioner finds that:
(1) The licensee has failed to pay the renewal of license fee, or an examination fee as provided in section 2222 of this title, or to maintain in effect the required liquid assets or the bond or bonds required under the provisions of this chapter, or to file any annual report or other report, or to comply with any lawful demand, ruling, or requirement of the commissioner; or
(2) The licensee has violated any provisions of this chapter, sections 10403 and 10404 of this title or chapters 4, 59, or 61 of Title 9, where applicable, or any rule, order, directive, or regulation lawfully made thereunder; or
(3) The licensee fails to meet the requirements of sections 2204 or 2209 of this title, or withholds information, or fails to cooperate with an examination, or makes a material misstatement in a license application, license renewal, or any document submitted to the commissioner or to the Nationwide Mortgage Licensing System and Registry.
(4) Any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner at the time of issuance, including unconscionable conduct which takes advantage of a borrower's lack of bargaining power or lack of understanding of the terms or consequences of the transaction.
(b) The commissioner may issue orders or directives to any person:
(1) To cease and desist from conducting business;
(2) To cease any harmful activities or violations of this chapter, sections 10403 and 10404 of this title, chapters 4, 59, or 61 of Title 9, where applicable, or any order, directive, rule, or regulation lawfully made thereunder;
(3) To cease business under a license or any conditional license if the commissioner determines that such license was erroneously granted or the licensee is currently in violation of this chapter, sections 10403 and 10404 of this title, chapters 4, 59, or 61 of Title 9, where applicable, or any order, directive, rule, or regulation lawfully made thereunder;
(4) Enjoining or prohibiting any person from engaging in the financial services industry in this state;
(5) To remove any officer, director, employee, or control person;
(6) Regarding any other action or remedy as the commissioner deems necessary to carry out the purposes of this chapter.
(c) The licensee shall receive 15 days' notice and an opportunity to be heard before such order shall be issued. Mailing notice to the licensee's current address as stated on the license shall be presumptive evidence of its receipt by the licensee. However, if the commissioner finds that the public safety or welfare imperatively requires emergency action, action with no prior notice or prior opportunity to be heard may be taken, pending proceedings for revocation or other action. (Amended 1989, No. 244 (Adj. Sess.), § 4; 1995, No. 162 (Adj. Sess.), § 11, eff. Jan. 1, 1997; 1999, No. 153 (Adj. Sess.), § 13, eff. Jan. 1, 2001; 2009, No. 29, § 1.)