16a-6-108.Enforcement of act; cease and desist
orders; penalties; appeals.
(1) If the administrator determines after notice and opportunity for a
hearing that any person has engaged, is engaging or is about to engage in any
act or practice constituting a violation of any provision of this act or any
rule and regulation, order or administrative interpretation hereunder, the
administrator by order may require that such person cease and desist from the
unlawful act or practice and take such affirmative action as in the judgment of
the administrator will carry out the purposes of this act.
(2) If the administrator makes written findings of fact that the public
interest will be irreparably harmed by delay in issuing an order under
subsection (1), the administrator may issue an emergency cease and desist
order. Such order shall be subject to the same procedures as an emergency
order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of
such an order the administrator shall promptly notify the person subject to the
order that it has been entered, of the reasons and that upon written request
the matter will be set for a hearing which shall be conducted in accordance
with the provisions of the Kansas administrative procedure act. If no hearing
is requested and none is ordered by the administrator, the order will remain in
effect until it is modified or vacated by the administrator. If a hearing is
requested or ordered, the administrator, after notice of and opportunity for
hearing to the person subject to the order, shall by written findings of fact
and conclusion of law vacate, modify or make permanent the order.
(3) If the administrator reasonably believes that a person has violated this
act or a rule and regulation, order or administrative interpretation of the
administrator under this act, the administrator, in addition to any specific
power granted under this act, after notice and hearing in an administrative
proceeding, unless the right to notice and hearing is waived by the person
against whom the sanction is imposed, may require any or all of the
following:
(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 who
knowingly violates this act or a rule and regulation, order or administrative
interpretation of the administrator under this act, imposing a civil penalty up
to a maximum of $5,000 for each violation.
If any person is found to have knowingly or willfully violated any provision of
this act, and such
violation is committed against elder or disabled persons, as defined in
K.S.A.
50-676, and amendments thereto, in addition to any civil penalty otherwise
provided by law, the administrator may impose an additional penalty not to
exceed $5,000 for each such violation;
(c) revoke or suspend the person's license or registration or bar the
person from
subsequently applying for a license or registration under this act; or
(d) issue an order requiring the person to pay restitution for any loss
arising from the violation or requiring the person to disgorge any profits
arising from the violation. Such order may include the assessment of interest
not to exceed 8% per annum from the date of the violation.
(4) Any person aggrieved by a final order of the administrator may obtain a
review of the order in accordance with the provisions of the act for judicial
review 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.
16a-6-108.Enforcement of act; cease and desist
orders; penalties; appeals.
(1) If the administrator determines after notice and opportunity for a
hearing that any person has engaged, is engaging or is about to engage in any
act or practice constituting a violation of any provision of this act or any
rule and regulation, order or administrative interpretation hereunder, the
administrator by order may require that such person cease and desist from the
unlawful act or practice and take such affirmative action as in the judgment of
the administrator will carry out the purposes of this act.
(2) If the administrator makes written findings of fact that the public
interest will be irreparably harmed by delay in issuing an order under
subsection (1), the administrator may issue an emergency cease and desist
order. Such order shall be subject to the same procedures as an emergency
order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of
such an order the administrator shall promptly notify the person subject to the
order that it has been entered, of the reasons and that upon written request
the matter will be set for a hearing which shall be conducted in accordance
with the provisions of the Kansas administrative procedure act. If no hearing
is requested and none is ordered by the administrator, the order will remain in
effect until it is modified or vacated by the administrator. If a hearing is
requested or ordered, the administrator, after notice of and opportunity for
hearing to the person subject to the order, shall by written findings of fact
and conclusion of law vacate, modify or make permanent the order.
(3) If the administrator reasonably believes that a person has violated this
act or a rule and regulation, order or administrative interpretation of the
administrator under this act, the administrator, in addition to any specific
power granted under this act, after notice and hearing in an administrative
proceeding, unless the right to notice and hearing is waived by the person
against whom the sanction is imposed, may require any or all of the
following:
(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 who
knowingly violates this act or a rule and regulation, order or administrative
interpretation of the administrator under this act, imposing a civil penalty up
to a maximum of $5,000 for each violation.
If any person is found to have knowingly or willfully violated any provision of
this act, and such
violation is committed against elder or disabled persons, as defined in
K.S.A.
50-676, and amendments thereto, in addition to any civil penalty otherwise
provided by law, the administrator may impose an additional penalty not to
exceed $5,000 for each such violation;
(c) revoke or suspend the person's license or registration or bar the
person from
subsequently applying for a license or registration under this act; or
(d) issue an order requiring the person to pay restitution for any loss
arising from the violation or requiring the person to disgorge any profits
arising from the violation. Such order may include the assessment of interest
not to exceed 8% per annum from the date of the violation.
(4) Any person aggrieved by a final order of the administrator may obtain a
review of the order in accordance with the provisions of the act for judicial
review 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.
16a-6-108.Enforcement of act; cease and desist
orders; penalties; appeals.
(1) If the administrator determines after notice and opportunity for a
hearing that any person has engaged, is engaging or is about to engage in any
act or practice constituting a violation of any provision of this act or any
rule and regulation, order or administrative interpretation hereunder, the
administrator by order may require that such person cease and desist from the
unlawful act or practice and take such affirmative action as in the judgment of
the administrator will carry out the purposes of this act.
(2) If the administrator makes written findings of fact that the public
interest will be irreparably harmed by delay in issuing an order under
subsection (1), the administrator may issue an emergency cease and desist
order. Such order shall be subject to the same procedures as an emergency
order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of
such an order the administrator shall promptly notify the person subject to the
order that it has been entered, of the reasons and that upon written request
the matter will be set for a hearing which shall be conducted in accordance
with the provisions of the Kansas administrative procedure act. If no hearing
is requested and none is ordered by the administrator, the order will remain in
effect until it is modified or vacated by the administrator. If a hearing is
requested or ordered, the administrator, after notice of and opportunity for
hearing to the person subject to the order, shall by written findings of fact
and conclusion of law vacate, modify or make permanent the order.
(3) If the administrator reasonably believes that a person has violated this
act or a rule and regulation, order or administrative interpretation of the
administrator under this act, the administrator, in addition to any specific
power granted under this act, after notice and hearing in an administrative
proceeding, unless the right to notice and hearing is waived by the person
against whom the sanction is imposed, may require any or all of the
following:
(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 who
knowingly violates this act or a rule and regulation, order or administrative
interpretation of the administrator under this act, imposing a civil penalty up
to a maximum of $5,000 for each violation.
If any person is found to have knowingly or willfully violated any provision of
this act, and such
violation is committed against elder or disabled persons, as defined in
K.S.A.
50-676, and amendments thereto, in addition to any civil penalty otherwise
provided by law, the administrator may impose an additional penalty not to
exceed $5,000 for each such violation;
(c) revoke or suspend the person's license or registration or bar the
person from
subsequently applying for a license or registration under this act; or
(d) issue an order requiring the person to pay restitution for any loss
arising from the violation or requiring the person to disgorge any profits
arising from the violation. Such order may include the assessment of interest
not to exceed 8% per annum from the date of the violation.
(4) Any person aggrieved by a final order of the administrator may obtain a
review of the order in accordance with the provisions of the act for judicial
review 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.