North Dakota Code 13-10-12 – Enforcement authorities, violations, and penalties
1. To ensure the effective supervision and enforcement of this chapter the commissioner may:
Terms Used In North Dakota Code 13-10-12
- 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
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
a. Deny, suspend, revoke, condition, or decline to renew a license for a violation of this chapter, rules or regulations issued under this chapter or order or directive entered under this chapter.
b. Deny, suspend, revoke, condition, or decline to renew a license if an applicant or licensee fails at any time to meet the requirements of section 13-10-05 or 13-10-08, or withholds information or makes a material misstatement in an application for a license or renewal of a license.
c. Order restitution against persons subject to this chapter for violations of this chapter.
d. Impose fines on persons subject to this chapter pursuant to subsections 2, 3, and 4.
e. Issue orders or directives under this chapter as follows:
(1) Order or direct persons subject to this chapter to cease and desist from conducting business, including immediate temporary orders to cease and desist.
(2) Order or direct persons subject to this chapter to cease any harmful activities or violations of this chapter, including immediate temporary orders to cease and desist.
(3) Enter immediate temporary orders to cease business under a license or interim license issued pursuant to the authority granted under subsection 5 of section 13-10-03 if the commissioner determines that such license was erroneously granted or the licensee is currently in violation of this chapter.
(4) Order or direct such other affirmative action as the commissioner deems necessary.
2. The commissioner may impose a civil penalty on a mortgage loan originator or person subject to this chapter, if the commissioner finds, on the record after notice and opportunity for hearing, that such mortgage loan originator or person subject to this chapter has violated or failed to comply with any requirement of this chapter or any regulation prescribed by the commissioner under this chapter or order issued under authority of this chapter.
3. The maximum amount of penalty for each act or omission described in subsection 2 is twenty-five thousand dollars.
4. Each violation or failure to comply with any directive or order of the commissioner is a separate and distinct violation or failure.