§ 32.04.250. Violations or unsafe practices -- Notice of charges -- Grounds -- Contents of notice -- Hearing -- Cease and desist orders
(1) The director may issue and serve upon a mutual savings bank a notice of charges if in the opinion of the director any mutual savings bank:
(a) Is engaging or has engaged in an unsafe or unsound practice in conducting the business of the mutual savings bank;
(b) Is violating or has violated the law, rule, or any condition imposed in writing by the director in connection with the granting of any application or other request by the mutual savings bank or any written agreement made with the director; or
(c) Is about to do the acts prohibited in (a) or (b) of this subsection when the opinion that the threat exists is based upon reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or violations or the practice or practices and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the mutual savings bank. The hearing shall be set not earlier than ten days nor later than thirty days after service of the notice, unless a later date is set by the director at the request of the mutual savings bank.
Unless the mutual savings bank shall appear at the hearing by a duly authorized representative, it shall be deemed to have consented to the issuance of the cease and desist order. In the event of this consent or if upon the record made at the hearing the director finds that any violation or practice specified in the notice of charges has been established, the director may issue and serve upon the mutual savings bank an order to cease and desist from the violation or practice. The order may require the mutual savings bank and its trustees, officers, employees, and agents to cease and desist from the violation or practice and may require the mutual savings bank to take affirmative action to correct the conditions resulting from the violation or practice.
(3) A cease and desist order shall become effective at the expiration of ten days after the service of the order upon the mutual savings bank concerned, except that a cease and desist order issued upon consent shall become effective at the time specified in the order and shall remain effective as provided therein, unless it is stayed, modified, terminated, or set aside by action of the director or a reviewing court.
[1994 c 92 § 302; 1979 c 46 § 1.]
Notes:
Severability -- 1979 c 46: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 46 § 11.]
Sections: Previous 32.04.150 32.04.170 32.04.190 32.04.200 32.04.210 32.04.211 32.04.220 32.04.250 32.04.260 32.04.270 32.04.280 32.04.290 32.04.300 32.04.310 32.04.320 Next
Last modified: April 7, 2009