9-1805.Removal of officer or director; hearing;
judicial review.
(a) If the board finds in accordance with this section that any current or
former officer or
director of any bank or trust company has been dishonest, reckless or
incompetent in performing duties as such officer or director or willfully
or continuously fails to observe any legally made order of the commissioner
or board, the board may take one or
more of the following actions:
(1) Remove such officer or director; and
(2) prohibit such officer's or director's further participation in any manner
in the conduct of the affairs of any state bank or trust company in Kansas.
(b) Prior to removing such officer or director, or prohibiting such
officer's or director's participation in the conduct of the affairs of any
state bank or trust company in Kansas, the board shall conduct
a hearing in accordance with the provisions of the Kansas administrative
procedure act.
(c) The board may recess or continue any hearing from time to time. If upon
the conclusion of such hearing the board determines that the officer or
director has been dishonest, reckless or incompetent in performing duties
as such an officer or director, or has willfully or continuously failed to
comply with any legally made order of the commissioner or board, the board
may order the officer's or director's office forfeited and vacated and
prohibit such officer's or director's further participation in the conduct
of the affairs of any state bank or trust company in Kansas.
The
board shall mail a copy of its removal order to the bank or trust
company which
such officer or director was serving.
If the order prohibits such officer's or director's further participation in
the conduct of the affairs of any state bank or trust company in Kansas, such
order shall be published in the Kansas register within 30 days after such
order becomes final.
(d) During the time from and after any
legally made order by the commissioner and upheld by the board, or order
made by the board, and not complied with by any officer or director the
board may place a special deputy in the bank up to and until the final
disposition of the order by compliance or final disposition by order of the
district court.
(e) Any action of the board pursuant to this section is
subject to
review in accordance with the act for judicial review and civil enforcement
of agency actions. If on review the court upholds an order of the board
removing an officer or director or if review of such an order is not sought
within the time allowed by law, the office of the officer or director shall
be forfeited and vacated by law and such office shall then be filled in
accordance with existing statutes and bylaws by another person or persons.
History: L. 1947, ch. 102, § 107; L. 1975, ch. 44, § 40; L.
1976, ch. 145, § 37; L. 1986, ch. 318, § 18; L. 1988, ch. 356, §
43;
L. 2005, ch. 29, § 1; July 1.
9-1805.Removal of officer or director; hearing;
judicial review.
(a) If the board finds in accordance with this section that any current or
former officer or
director of any bank or trust company has been dishonest, reckless or
incompetent in performing duties as such officer or director or willfully
or continuously fails to observe any legally made order of the commissioner
or board, the board may take one or
more of the following actions:
(1) Remove such officer or director; and
(2) prohibit such officer's or director's further participation in any manner
in the conduct of the affairs of any state bank or trust company in Kansas.
(b) Prior to removing such officer or director, or prohibiting such
officer's or director's participation in the conduct of the affairs of any
state bank or trust company in Kansas, the board shall conduct
a hearing in accordance with the provisions of the Kansas administrative
procedure act.
(c) The board may recess or continue any hearing from time to time. If upon
the conclusion of such hearing the board determines that the officer or
director has been dishonest, reckless or incompetent in performing duties
as such an officer or director, or has willfully or continuously failed to
comply with any legally made order of the commissioner or board, the board
may order the officer's or director's office forfeited and vacated and
prohibit such officer's or director's further participation in the conduct
of the affairs of any state bank or trust company in Kansas.
The
board shall mail a copy of its removal order to the bank or trust
company which
such officer or director was serving.
If the order prohibits such officer's or director's further participation in
the conduct of the affairs of any state bank or trust company in Kansas, such
order shall be published in the Kansas register within 30 days after such
order becomes final.
(d) During the time from and after any
legally made order by the commissioner and upheld by the board, or order
made by the board, and not complied with by any officer or director the
board may place a special deputy in the bank up to and until the final
disposition of the order by compliance or final disposition by order of the
district court.
(e) Any action of the board pursuant to this section is
subject to
review in accordance with the act for judicial review and civil enforcement
of agency actions. If on review the court upholds an order of the board
removing an officer or director or if review of such an order is not sought
within the time allowed by law, the office of the officer or director shall
be forfeited and vacated by law and such office shall then be filled in
accordance with existing statutes and bylaws by another person or persons.
History: L. 1947, ch. 102, § 107; L. 1975, ch. 44, § 40; L.
1976, ch. 145, § 37; L. 1986, ch. 318, § 18; L. 1988, ch. 356, §
43;
L. 2005, ch. 29, § 1; July 1.
9-1805.Removal of officer or director; hearing;
judicial review.
(a) If the board finds in accordance with this section that any current or
former officer or
director of any bank or trust company has been dishonest, reckless or
incompetent in performing duties as such officer or director or willfully
or continuously fails to observe any legally made order of the commissioner
or board, the board may take one or
more of the following actions:
(1) Remove such officer or director; and
(2) prohibit such officer's or director's further participation in any manner
in the conduct of the affairs of any state bank or trust company in Kansas.
(b) Prior to removing such officer or director, or prohibiting such
officer's or director's participation in the conduct of the affairs of any
state bank or trust company in Kansas, the board shall conduct
a hearing in accordance with the provisions of the Kansas administrative
procedure act.
(c) The board may recess or continue any hearing from time to time. If upon
the conclusion of such hearing the board determines that the officer or
director has been dishonest, reckless or incompetent in performing duties
as such an officer or director, or has willfully or continuously failed to
comply with any legally made order of the commissioner or board, the board
may order the officer's or director's office forfeited and vacated and
prohibit such officer's or director's further participation in the conduct
of the affairs of any state bank or trust company in Kansas.
The
board shall mail a copy of its removal order to the bank or trust
company which
such officer or director was serving.
If the order prohibits such officer's or director's further participation in
the conduct of the affairs of any state bank or trust company in Kansas, such
order shall be published in the Kansas register within 30 days after such
order becomes final.
(d) During the time from and after any
legally made order by the commissioner and upheld by the board, or order
made by the board, and not complied with by any officer or director the
board may place a special deputy in the bank up to and until the final
disposition of the order by compliance or final disposition by order of the
district court.
(e) Any action of the board pursuant to this section is
subject to
review in accordance with the act for judicial review and civil enforcement
of agency actions. If on review the court upholds an order of the board
removing an officer or director or if review of such an order is not sought
within the time allowed by law, the office of the officer or director shall
be forfeited and vacated by law and such office shall then be filled in
accordance with existing statutes and bylaws by another person or persons.
History: L. 1947, ch. 102, § 107; L. 1975, ch. 44, § 40; L.
1976, ch. 145, § 37; L. 1986, ch. 318, § 18; L. 1988, ch. 356, §
43;
L. 2005, ch. 29, § 1; July 1.