§ 24-4.4-3-106 — Cease and desist orders; judicial review or enforcement proceedings; record; appeal; unconscionable or fraudulent conduct subject to injunction

Indiana § 24-4.4-3-106

• Jurisdiction: Indiana
• Art. 4.4: FIRST LIEN MORTGAGE LENDING
• Ch. 3: Administration

Text

(1) After notice and hearing, the
department may order a creditor or a person acting on behalf of the
creditor to cease and desist from engaging in violations of this article.
In any civil court with jurisdiction:
(a) a respondent aggrieved by an order of the department may
obtain judicial review of the order; and
(b) the department may obtain an order of the court for the
enforcement of the department's order.
A proceeding for review or enforcement under this subsection shall be
initiated by the filing of a petition in the court. Copies of the petition
shall be served upon all parties of record.
(2) Not later than thirty (30) days after service of a petition for
review upon the department under subsection (1), or within such
further time as the court may allow, the department shall transmit to the
court the original or a certified copy of the entire record upon which the
order that is the subject of the review is based, including any transcript
of testimony, which need not be printed. By stipulation of all parties to
the review proceeding, the record may be shortened. After conducting
a hearing on the matter, the court may:
(a) reverse or modify the order if the findings of fact of the
department are clearly erroneous in view of the reliable,
probative, and substantial evidence in the whole record;
(b) grant any temporary relief or restraining order the court
considers just; and
(c) enter an order:
(i) enforcing;
(ii) modifying;
(iii) enforcing as modified; or
(iv) setting aside;
in whole or in part, the order of the department; or
(d) enter an order remanding the case to the department for
further proceedings.
(3) An objection not urged at the hearing shall not be considered by
the court unless the failure to urge the objection is excused for good
cause shown. A party may move the court to remand the case to the
department in the interest of justice for the purpose of:
(a) adducing additional specified and material evidence; and
(b) seeking a finding upon such evidence;
upon good cause shown for the failure to previously adduce this
evidence before the department.
(4) The jurisdiction of the court is exclusive and the court's final
judgment or decree is subject to review on appeal in the same manner
and form and with the same effect as in appeals from a final judgment
or decree. The department's copy of the testimony shall be available at
reasonable times to all parties for examination without cost.
(5) A proceeding for review under this section must be initiated not
later than thirty (30) days after a copy of the order of the department is
received. If a proceeding is not initiated within the time set forth in this
subsection, the department may obtain a decree of a civil court with
jurisdiction for enforcement of the department's order upon a showing
that:
(a) the order was issued in compliance with this section;
(b) a proceeding for review was not initiated within the thirty (30)
day period prescribed by this subsection; and
(c) the respondent is subject to the jurisdiction of the court.
(6) With respect to unconscionable agreements or fraudulent or
unconscionable conduct by a respondent, the department may not issue
an order under this section but may bring a civil action for an
injunction under section 111 of this chapter.

Legislative History

As added by P.L.145-2008, SEC.20. Amended by P.L.35-2010, SEC.33.