Indiana Code 23-2.5-11-3. Investigation; orders; penalties
(1) with a prior hearing if there exists no substantial threat of immediate irreparable harm; or
Terms Used In Indiana Code 23-2.5-11-3
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
orders and notices determined by the commissioner to be in the public interest, including cease and desist orders, orders to show cause, and notices.
(b) After notice and hearing, the commissioner may enter an order of rescission, restitution, or disgorgement, including interest at the rate of eight percent (8%) per year, directed to a person who the commissioner determines has violated this article or a rule or an order under this article.
(c) If the commissioner determines, after a hearing, that a person has violated this article or a rule or an order under this article, the commissioner may, in addition to other remedies, impose a civil penalty on the person in an amount not to exceed ten thousand dollars ($10,000) for each violation.
(d) Upon the commissioner’s issuance under subsection (a) of an order or notice without a prior hearing, the commissioner shall promptly notify:
(1) the respondent; and
(2) if the subject of the order or notice is a mortgage loan originator or a principal manager, the loan broker for whom the mortgage loan originator or principal manager is employed;
of the issuance of the order or notice.
(e) The notification required by subsection (d) must include the following:
(1) Notice that the order or notice has been issued.
(2) Notice of the reasons the order or notice has been issued.
(3) Notice that upon the commissioner’s receipt of a written request from the person against which the order or notice is issued, the matter will be set for a hearing to commence not later than:
(A) fifteen (15) business days after the commissioner’s receipt of the request if the original order or notice issued by the commissioner was a summary suspension, summary revocation, or denial of a license; and
(B) forty-five (45) business days after the commissioner’s receipt of the request for any other order or notice, unless the respondent consents to a later date.
(f) If a hearing:
(1) is not requested under subsection (e); and
(2) is not ordered by the commissioner;
an order or notice issued under this section remains in effect until the order or notice is modified or vacated by the commissioner.
(g) If a hearing is requested under subsection (e) or ordered by the commissioner, the commissioner, after notice of an opportunity for hearing, may modify or vacate the order or notice or extend the order or notice until final determination.
As added by P.L.175-2019, SEC.2.