16a-6-108.   Enforcement of act; cease and desistorders; penalties; appeals.(1) If the administrator determines after notice and opportunity for ahearing that any person has engaged, is engaging or is about to engage in anyact or practice constituting a violation of any provision of this act or anyrule and regulation, order or administrative interpretation hereunder, theadministrator by order may require that such person cease and desist from theunlawful act or practice and take such affirmative action as in the judgment ofthe administrator will carry out the purposes of this act.

      (2)   If the administrator makes written findings of fact that the publicinterest will be irreparably harmed by delay in issuing an order undersubsection (1), the administrator may issue an emergency cease and desistorder. Such order shall be subject to the same procedures as an emergencyorder issued under K.S.A. 77-536, and amendments thereto. Upon the entry ofsuch an order the administrator shall promptly notify the person subject to theorder that it has been entered, of the reasons and that upon written requestthe matter will be set for a hearing which shall be conducted in accordancewith the provisions of the Kansas administrative procedure act. If no hearingis requested and none is ordered by the administrator, the order will remain ineffect until it is modified or vacated by the administrator. If a hearing isrequested or ordered, the administrator, after notice of and opportunity forhearing to the person subject to the order, shall by written findings of factand conclusion of law vacate, modify or make permanent the order.

      (3)   If the administrator reasonably believes that a person has violated thisact or a rule and regulation, order or administrative interpretation of theadministrator under this act, the administrator, in addition to any specificpower granted under this act, after notice and hearing in an administrativeproceeding, unless the right to notice and hearing is waived by the personagainst whom the sanction is imposed, may require any or all of thefollowing:

      (a)   Censure the person if the person is licensed under this act;

      (b)   issue an order against an applicant, licensed person,residential mortgage loan originator registrant or other person whoknowingly violates this act or a rule and regulation, order or administrativeinterpretation of the administrator under this act, imposing a civil penalty upto a maximum of $5,000 for each violation.If any person is found to have knowingly or willfully violated any provision ofthis act, and suchviolation is committed against elder or disabled persons, as defined inK.S.A.50-676, and amendments thereto, in addition to any civil penalty otherwiseprovided by law, the administrator may impose an additional penalty not toexceed $5,000 for each such violation;

      (c)   revoke or suspend the person's license or registration or bar theperson fromsubsequently applying for a license or registration under this act; or

      (d)   issue an order requiring the person to pay restitution for any lossarising from the violation or requiring the person to disgorge any profitsarising from the violation. Such order may include the assessment of interestnot to exceed 8% per annum from the date of the violation.

      (4)   Any person aggrieved by a final order of the administrator may obtain areview of the order in accordance with the provisions of the act for judicialreview and civil enforcement of agency actions.

      History:   L. 1973, ch. 85, § 101;L. 1986, ch. 318, § 21;L. 1999, ch. 107, § 31;L. 2005, ch. 144, § 19;L. 2009, ch. 29, § 22; July 1.