§ 13-10-208 — Procedures for enforcement actions; service of notice; content of orders; contested case proceedings; appeal

Wyoming § 13-10-208

• Jurisdiction: Wyoming
• Title 13: Banks, Banking and Finance
• Ch. 10: CRIMES, OFFENSES AND PENALTIES
• Art. 2: ADMINISTRATIVE ENFORCEMENT ACTIONS

Text

(a) All notices and orders required to be served by the
commissioner under this article shall be served by certified
mail return receipt requested to the last known address of the
Wyoming financial institution, the bank holding company or
officer or director who is the subject of the order or shall be
served as provided by the Wyoming Rules of Civil Procedure.
Notice of a proposed order issued by the commissioner under this
article shall include:
(i) A statement of the grounds for issuing the
proposed order, including a citation to the statute or rule
involved, if any;
(ii) A statement of the facts in support of the
allegations;
(iii) A statement informing the Wyoming financial
institution, the bank holding company or officer or director
subject to the proposed order of the right to a hearing on the
order before the state banking board and that failure to timely
request a hearing will result in the order becoming final; and
(iv) A copy of the proposed order.
(b) A request for hearing on a proposed order issued by
the commissioner under this article shall be in writing and
shall be submitted to the commissioner no later than seven (7)
days after receipt of the notice of intent from the
commissioner. The board shall hold the hearing no later than
fifteen (15) days after receipt of the request for hearing,
unless the Wyoming financial institution, the bank holding
company or officer or director subject to the proposed order
requests an extension of time for good cause shown.
(c) A hearing on a proposed order issued under this
article shall be a contested case hearing conducted in
accordance with the Wyoming Administrative Procedure Act. After
the hearing, the board shall issue findings of fact and
conclusions of law and a final decision either confirming or
dismissing a proposed order. The board shall confirm a proposed
order only if the board finds by a preponderance of the evidence
that grounds exist under this article for issuing the order.
Otherwise, the board shall dismiss the proposed order. In
confirming a proposed order imposing a civil penalty, the board
may modify the amount of the penalty assessed after considering
the factors in W.S. 13-10-207(c). If the board confirms a
proposed order it shall become a final order.
(d) The commissioner shall serve a final order under this
article upon the Wyoming financial institution, the bank holding
company and officer or director who is the subject of the order.
The final order shall take effect upon service and shall remain
in effect until the commissioner or the court terminates the
final order. The Wyoming financial institution, the bank holding
company or officer or director who is the subject of the order
may appeal the issuance of a final order in accordance with the
Wyoming Administrative Procedure Act.
(e) On or after the effective date of a final order under
this article, the attorney general, upon request from the
commissioner, may apply to the district court of the county in
which the Wyoming financial institution or the bank holding
company is located for enforcement of the final order. The
application for enforcement shall be given precedence over other
cases pending in court and shall in every way be expedited.