§ 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