§ 5-808
209 words·~1 min read·
/md/financial-institutions/5-808A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–808.
(a)The Commissioner may order any banking institution to cease and desist from:
(1)An unsafe or unsound banking practice;
(2)A practice that is injurious to the public interest; or
(3)A violation of a law, rule, or regulation that relates to the Commissioner’s supervision of the institution.
(b)To protect depositors, stockholders, or the public, the Commissioner may include in a cease and desist order a restriction on the withdrawal of money from any banking institution.
(c)The Commissioner may include in a cease and desist order a requirement that the officers or directors of a banking institution act affirmatively to correct any violation or practice.
(1)Before a cease and desist order takes effect, the Commissioner shall give the banking institution an opportunity for a hearing.
(2)Notice of the hearing shall be given and the hearing shall be held in accordance with the Administrative Procedure Act.
(e)If the Commissioner determines that the violation or practice under subsection
(a)of this section requires immediate action to protect depositors, stockholders, or the public, the Commissioner:
(1)May issue a cease and desist order that is effective on service; and
(2)Shall give the banking institution an opportunity for a hearing to rescind the order.