(a) After the commissioner has issued a conservatorship order and provided an opportunity for hearing, the commissioner by liquidation order may appoint a liquidating agent and direct that the credit union be liquidated if:
(1) the board requests issuance of a liquidation order and liquidation of the credit union;
(2) the credit union otherwise consents to the liquidation; or
(3) the commissioner:
(A) finds that the closing of the credit union and the liquidation of the credit union’s assets are in the public interest and the best interest of the credit union’s members, depositors, and creditors; and
(B) determines that the credit union is not in a condition to continue business and cannot be rehabilitated as provided by this chapter.
(b) If the board consents to the liquidation order and waives the necessity of a conservatorship order, the commissioner may issue a liquidation order without first issuing a conservatorship order.