Section 23-2.5-11-3 - [Effective 7/1/2024] Investigation; orders; penalties(a) If the commissioner determines that a person has engaged in or is about to engage in an act or a practice that violates this article or a rule or an order under this article, the commissioner may investigate and issue:(1) with a prior hearing if there exists no substantial threat of immediate irreparable harm; or(2) without a prior hearing if there exists a substantial threat of immediate irreparable harm;orders and notices determined by the commissioner to be in the public interest, including cease and desist orders, orders to show cause, and notices.
(b) After notice and hearing, the commissioner may enter an order of rescission, restitution, or disgorgement, including interest at the rate of eight percent (8%) per year, directed to a person who the commissioner determines has violated this article or a rule or an order under this article.(c) If the commissioner determines, after a hearing, that a person has violated this article or a rule or an order under this article, the commissioner may, in addition to other remedies, impose a civil penalty on the person in an amount not to exceed ten thousand dollars ($10,000) for each violation.(d) Upon the commissioner's issuance under subsection (a) of an order or notice without a prior hearing, the commissioner shall promptly notify:(2) if the subject of the order or notice is a mortgage loan originator or a manager, the loan broker for whom the mortgage loan originator or manager is employed;of the issuance of the order or notice.
(e) The notification required by subsection (d) must include the following:(1) Notice that the order or notice has been issued.(2) Notice of the reasons the order or notice has been issued.(3) Notice that upon the commissioner's receipt of a written request from the person against which the order or notice is issued, the matter will be set for a hearing to commence not later than:(A) fifteen (15) business days after the commissioner's receipt of the request if the original order or notice issued by the commissioner was a summary suspension, summary revocation, or denial of a license; and(B) forty-five (45) business days after the commissioner's receipt of the request for any other order or notice, unless the respondent consents to a later date.(f) If a hearing:(1) is not requested under subsection (e); and(2) is not ordered by the commissioner;an order or notice issued under this section remains in effect until the order or notice is modified or vacated by the commissioner.
(g) If a hearing is requested under subsection (e) or ordered by the commissioner, the commissioner, after notice of an opportunity for hearing, may modify or vacate the order or notice or extend the order or notice until final determination.Amended by P.L. 89-2024,SEC. 30, eff. 7/1/2024.Added by P.L. 175-2019,SEC. 2, eff. 7/1/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.