(a)The director may issue to a licensee
an order to show cause why the licensee should not be prohibited from
designating a current authorized delegate of the licensee as an
authorized delegate, or from having the licensee's ability to designate
a current authorized delegate as an authorized delegate for a period
determined by the department.
(b)An order issued under subsection (a) must:
(1)include:
(A)a statement of the place, date, and time for a meeting with
the department, which date may not be less than ten (10) days
from the date of the order;
(B)a description of the action contemplated by the department;
and
(C)a statement of the facts or conduct supporting the issuance
of the order; and
(2)be accompanied by a notice stating that the licensee is entitled
to:
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(a) The director may issue to a licensee
an order to show cause why the licensee should not be prohibited from
designating a current authorized delegate of the licensee as an
authorized delegate, or from having the licensee's ability to designate
a current authorized delegate as an authorized delegate for a period
determined by the department.
(b) An order issued under subsection (a) must:
(1) include:
(A) a statement of the place, date, and time for a meeting with
the department, which date may not be less than ten (10) days
from the date of the order;
(B) a description of the action contemplated by the department;
and
(C) a statement of the facts or conduct supporting the issuance
of the order; and
(2) be accompanied by a notice stating that the licensee is entitled
to:
(A) a reasonable opportunity to be heard; and
(B) show the licensee's compliance with all lawful requirements
concerning the designation of an authorized delegate;
at the meeting described in subdivision (1)(A).
(c) After the meeting described in subsection (b)(1)(A), the
department may prohibit the licensee from designating, or suspend the
licensee's ability to designate, a current authorized delegate as an
authorized delegate if the department finds that:
(1) the authorized delegate has repeatedly and willfully violated:
(A) this chapter or any applicable rule, order, or guidance
document adopted or issued by the department; or
(B) any other state or federal law, regulation, or rule applicable
to the business of money transmission;
(2) the authorized delegate does not meet the authorized delegate
qualifications set forth in this chapter;
(3) the authorized delegate obtained the designation for the
benefit of, or on behalf of, a person who does not qualify for the
authorized delegate designation;
(4) the authorized delegate knowingly or intentionally made
material misrepresentations to, or concealed material information
from, the department;
(5) the authorized delegate did not cooperate with an examination
or investigation by the director;
(6) the authorized delegate engaged in fraud, intentional
misrepresentation, or gross negligence;
(7) the authorized delegate has been convicted of a violation of a
state or federal money laundering statute;
(8) the competence, experience, character, or general fitness of
the licensee, the authorized delegate, a person in control of the
licensee, a key individual, or a responsible person of the
authorized delegate indicates that it is not in the public interest to
permit the person to provide money transmission; or
(9) the authorized delegate has engaged in an unsafe or unsound
practice.
(d) Whenever the department prohibits a licensee from designating,
or suspends a licensee's ability to designate, an authorized delegate, the
department shall enter an order to that effect and notify the licensee of:
(1) the prohibition or suspension;
(2) if a suspension has been ordered, the duration of the
suspension;
(3) the procedure for appealing the prohibition or suspension
under IC 4-21.5-3-6; and
(4) any other terms and conditions that apply to the prohibition or
suspension.
Not later than five (5) days after the entry of the order, the department
shall deliver to the licensee a copy of the order and the findings
supporting the order.
(e) Any authorized delegate may relinquish its designation as an
authorized delegate by notifying the department in writing of the
relinquishment. However, a relinquishment under this subsection does
not affect the authorized delegate's liability for acts previously
committed and coming within the scope of this chapter.
(f) If the director determines it to be in the public interest, the
director may pursue an order either prohibiting the licensee from
designating a current authorized delegate as an authorized delegate, or
suspending the licensee from designating a current authorized delegate
as an authorized delegate for a period of time, after the authorized
delegate has relinquished its designation under subsection (e).
(g) If an authorized delegate's designation as an authorized delegate
is revoked, suspended, or relinquished, the revocation, suspension, or
relinquishment does not impair or affect any obligation owed by that
person under any existing lawful contracts.
(h) If the director has just cause to believe an emergency exists from
which it is necessary to protect the interests of the public, the director
may proceed with the revocation of an authorized delegate's
designation as an authorized delegate through an emergency or another
temporary order.