32-2-1205. Notice of intention to remove board member or officer — prohibiting participation — suspension. (1) The department may serve on a board member or officer of an institution a written notice of intention to remove the member or officer from office whenever the department has reasonable cause to believe that:

(a)the board member or officer has:

(i)committed any violation of law involving dishonesty or breach of trust;

(ii)violated a cease and desist order that has become final;

(iii)engaged or participated in any unsafe or unsound practice in connection with the institution; or

(iv)committed or engaged in any act, omission, or practice that constitutes a breach of the member’s or officer’s fiduciary duty as a board member or officer of the institution; and

(b)the institution has suffered or will likely suffer substantial financial loss or other damage or the interest of its depositors could be seriously prejudiced by reason of the violation, practice, or breach of fiduciary duty involving personal dishonesty on the part of the board member or officer.

(2)The department may serve on a board member, officer, or other person of an institution a written notice of intention to remove the individual from office or to prohibit the individual’s further participation in any manner in the conduct of the affairs of the institution if:

(a)in the opinion of the department, the board member or officer has, by conduct or practice with respect to another institution or business organization that has resulted in substantial financial loss or other damage to that institution or business organization, evidenced the member’s or officer’s personal disability and unfitness to continue as a board member or officer of the institution; or

(b)the department has reasonable cause to believe that any other person participating in the conduct of the affairs of the institution has, by conduct or practice with respect to the institution, another institution, or other business organization that has resulted in substantial financial loss or other damage to the institution or business organization, evidenced the person’s personal disability and unfitness to participate in the conduct of the affairs of the institution.

(3)A notice of intention to remove a board member, officer, or other person from office or to prohibit the individual’s participation in the conduct of the affairs of an institution must contain a statement of the facts constituting grounds for the removal or prohibition and must fix a time and place at which a hearing will be held on the removal or prohibition. The hearing must be held not earlier than 30 days or later than 60 days after the date of service of the notice, unless an earlier or later date is set by the hearings examiner at the request of the individual and for good cause shown.

(4)Unless the board member, officer, or other person appears at the hearing in person or by a duly authorized representative, the individual must be considered to have consented to the issuance of an order of removal or prohibition. In the event of consent or if on the record made at the hearing the hearings examiner finds that any of the grounds specified in the notice have been established by a preponderance of the evidence, the commissioner may issue orders of suspension, removal from office, or prohibition from participation in the conduct of the affairs of the institution, as the commissioner considers appropriate. The order becomes effective 30 days after service on the institution and the individual concerned, except in the case of an order issued on consent, which becomes effective at the time specified in the order. The order remains effective and enforceable until it is stayed, modified, terminated, or set aside by action of a reviewing court.