§ 19-4-12. Order to cease unlawful or unsafe practices — Impairment of capital — Appeal.
(a) Whenever it appears to the director, or the director's designee, that a regulated
institution has violated its agreement to form, or any law or regulation, or is conducting
its business in an unauthorized or unsafe manner, or the regulated institution has
been notified by its federal deposit insurer of its intent to terminate deposit insurance,
the director, or the director's designee, may exercise any or all of the following
powers:
(1) Restrict the withdrawal of deposits when he or she finds the restriction necessary
for the protection of depositors;
(2) Order any person to cease violating any provision of the banking laws of this state
or any rule or regulation issued thereunder, or cease engaging in any unsafe or unsound
or deceptive banking or credit union practices;
(3) Order that capital be restored, to the extent that the capital of the financial institution
or credit union has been impaired;
(4) Suspend or remove any director, committee member, officer, or employee who becomes
ineligible to hold his or her position or who, after receipt of an order to cease
under this chapter, violates the banking laws of this state or a rule, regulation,
or order issued thereunder, or who is reckless or incompetent in the conduct of the
financial institution's or credit union's business. Each suspension or removal order
shall specify the grounds therefor, and a copy of the order shall be sent to the financial
institution or credit union concerned.
(b) Any action taken pursuant to subsection (a) may be taken in the director's, or the
director's designee's, discretion before or after affording the regulated institution
and/or affected individuals an opportunity for hearing. When an action is not preceded
by an opportunity for hearing, such an opportunity must be afforded to the regulated
institution and/or affected individuals within a reasonable time after the action;
provided further, that a request for hearing subsequent to an action by the director,
or the director's designee, shall not act to stay the action of the director, or the
director's designee, pending the outcome of the hearing, although the director, or
the director's designee, may, in his or her discretion, grant a stay. All hearings
shall be conducted pursuant to chapter 35 of title 42.