Wyoming § 40-23-124 40-23-119. Orders to cease and desist

Wyoming Statutes

§ 40-23-124 — 40-23-119. Orders to cease and desist

Wyoming § 40-23-124

Title 40Trade and Commerce

Ch. 23WYOMING RESIDENTIAL MORTGAGE PRACTICES ACT

This text of Wyoming § 40-23-124 (40-23-119. Orders to cease and desist) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 40-23-124 (2026).

Text

(a)If the commissioner determines that a violation of this act or of a rule adopted or an order issued under this act by a licensee is likely to cause immediate and irreparable harm to the licensee, its customers or the public as a result of the violation or cause insolvency of the licensee, the commissioner may issue an order requiring the licensee to cease and desist from the violation. The order becomes effective upon service upon the licensee.

(b)If the commissioner determines that a person is conducting mortgage lending or mortgage brokering activities governed under this act without a valid license, the commissioner may issue an order requiring the unlicensed person to cease and desist from mortgage lending or mortgage brokering activities. The order becomes effective upon service

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If the commissioner determines that a violation of
this act or of a rule adopted or an order issued under this act
by a licensee is likely to cause immediate and irreparable harm
to the licensee, its customers or the public as a result of the
violation or cause insolvency of the licensee, the commissioner
may issue an order requiring the licensee to cease and desist
from the violation. The order becomes effective upon service
upon the licensee.
(b) If the commissioner determines that a person is
conducting mortgage lending or mortgage brokering activities
governed under this act without a valid license, the
commissioner may issue an order requiring the unlicensed person
to cease and desist from mortgage lending or mortgage brokering
activities. The order becomes effective upon service upon the
unlicensed person.
(c) Before issuing a final cease and desist order under
subsections (a) and (b) of this section, the commissioner shall
serve notice of intent to issue the order upon the person being
ordered to cease and desist. The notice shall be in writing and
shall direct the person to discontinue the violations of law and
cease and desist mortgage lending or mortgage brokering
activities. The notice shall be served by certified mail return
receipt requested to the last known address of the person or
shall be served as provided by the Wyoming Rules of Civil
Procedure. Notice of the order shall include:
(i) A statement of the grounds for issuing the
proposed order, including a citation to the statute or rule
involved;
(ii) A statement of the facts in support of the
allegations;
(iii) A statement informing the person of the right
to a hearing on the order.
(d) In an emergency, the commissioner may petition the
district court for the issuance of a temporary restraining
order.
(e) An order to cease and desist becomes effective upon
service upon the person.
(f) An order to cease and desist remains effective and
enforceable pending the completion of an administrative
proceeding pursuant to the Wyoming Administrative Procedure Act.
(g) A person served with an order to cease and desist for
violating this act may petition the district court for a
judicial order setting aside, limiting or suspending the
enforcement, operation or effectiveness of the order pending the
completion of an administrative proceeding pursuant to the
Wyoming Administrative Procedure Act.
(h) The commissioner shall commence a contested case
proceeding within twenty (20) days after issuing an order to
cease and desist.