9-2218.   Cease and desist orders; civilfines.(a) If the commissioner determines after notice andopportunity for a hearing pursuant to the Kansas administrative procedure actthat any person has engaged, is engaging or is aboutto engage in any actor practice constituting a violation of any provision of this act or any ruleand regulation or order hereunder, the commissioner by order may require any orall of the following:

      (1)   That the person cease and desist from theunlawful act or practice;

      (2)   that the person pay a fine not to exceed $10,000per incident for theunlawful act or practice;

      (3)   If any person is found to have violated any provision of this act, andsuch violation is committed against elder or disabled persons, as defined inK.S.A. 50-676, and amendments thereto, in addition to any civil penaltyotherwise provided by law, the commissioner may impose an additional penaltynot to exceed $10,000 for each such violation;

      (4)   censure the person if the person is registered or licensed under thisact;

      (5)   bar or suspend the person from applying for a license or registrationunder this act, or associating with a mortgage business or supervised lenderlicensed in this state;

      (6)   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; or

      (7)   that the person take such affirmative action asin the judgment ofthe commissioner will carry out the purposes of this act.

      (b)   If the commissioner makes written findings of fact that the publicinterest will be irreparably harmed by delay in issuing an order undersubsection (a), the commissioner may issue an emergency cease and desist order.

      (1)   Such emergency order, even when not an order within the meaning of K.S.A.77-502, and amendments thereto, shall be subject to the same procedures as anemergency order issued under K.S.A. 77-536, and amendments thereto.

      (2)   Upon the entry of such an emergency order, the commissioner shallpromptly notify the person subject to the order thatit has been entered,of the reasons, and that a hearing will be held upon written request by theperson.

      (3)   If the person requests a hearing, or in theabsence of any request,ifthe commissioner determines that a hearing should be held, the matter will beset for a hearing which shall be conducted in accordance with the provisions ofthe Kansas administrative procedure act. Upon completion of the hearing thecommissioner shall by written findings of fact and conclusions of law vacate,modify or make permanent the emergency order.

      (4)   If no hearing is requested and none is ordered by the commissioner, theemergency order will remain in effect until it is modified or vacated by thecommissioner.

      History:   L. 1999, ch. 45, § 17;L. 2000, ch. 17, § 7;L. 2005, ch. 144, § 7; July 1.