§ 2414. Enforcement authorities, violations and penalties.
517 words·~2 min read·
/de/title-5/chapter-24-mortgage-loan-originators/2414·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Upon finding that a person subject to this chapter has violated or failed to comply with any provision of this chapter; any rule, regulation, order or supervisory letter promulgated by the Commissioner under the authority of this title; or any other law, rule or regulation of this State or the federal government, the Commissioner may:
(1)Order that person to cease and desist from that violation or failure, from conducting any business subject to this chapter, or from engaging in any harmful activities;
(2)Impose a civil money penalty on that person pursuant to subsection
(b)of this section;
(3)Order restitution against that person for that violation or failure;
(4)Remove or ban that person from any employment by, or affiliation with, any financial institution; and
(5)Order such other affirmative action as the Commissioner deems necessary.
(1)The maximum civil money penalty for each violation or failure to comply described in subsection
(a)of this section shall be $25,000.
(2)Any civil money penalty under this section may be in addition to any other action or remedy available to the Commissioner or any order, judgment, penalty, fine or sentence imposed by a court or other governmental agency in any administrative, civil or criminal proceeding.
(3)Any civil money penalty under this section shall be paid to the State Treasurer for deposit in the General Fund.
(c)An order issued under this section shall include a statement of the facts upon which it is based; a specification of the activities prohibited, civil money penalty imposed, restitution to be paid, employment or affiliation prohibited, or other affirmative action required; and a notice that the person against whom the order was issued may request a hearing in accordance with Chapter 101 of Title 29.
(1)Except as provided in paragraph (d)(2) of this section, an order issued under this section shall not become effective less than 10 days after issuance.
(2)The Commissioner may issue an order under this section which shall become effective immediately upon issuance whenever in the opinion of the Commissioner, the violation or failure to comply specified in subsection
(a)of this section represents an immediate danger or substantial harm to the public.
(1)Upon issuance of an order under this section, the Commissioner shall send a copy of the order to the person against whom it is issued at that person’s last known mailing address by certified mail, return receipt requested.
(2)If the person against whom the order was issued sends the Commissioner a written request for a hearing within 10 days of the order’s mailing date, the Commissioner shall then hold that hearing in accordance with Chapter 101 of Title 29, and except as provided in paragraph (d)(2) of this section, the order shall not become effective until the conclusion of the hearing.
(3)At the conclusion of the hearing, the Commissioner may affirm the order as originally issued, or modify, amend or rescind the order.
(f)The authority granted by this section shall be in addition to the authority granted by Part I of this title.