9-1809.Civil penalties.
(a) After providing a notice and an opportunity for a public
hearing in
accordance
with the Kansas administrative procedure act, the commissioner may, with the
approval of the
state banking board, assess against and collect a civil money penalty from any
bank or trust
company that, or any executive officer, director, employee, agent, or other
person
participating in the
conduct of the affairs of such bank or trust company who:
(1) Engages or participates in any unsafe or unsound practice in connection
with a bank or trust
company; or
(2) violates or knowingly permits any person to violate any of the provisions
of:
(A) The state banking code;
(B) any rule or regulation promulgated pursuant to the state banking code; or
(C) any lawful order of the commissioner or the state banking board.
(b) The civil money penalty shall not exceed $1,000 per day for each day
such violation
continues.
No civil money penalty shall be assessed for the same act or practice if
another government agency has taken similar action against the bank, trust
company or person to be assessed such civil money penalty.
In determining the amount of the civil money penalty to be
assessed, the
commissioner shall consider:
(1) The good faith of the bank, trust company or person to be assessed with
such civil money penalty;
(2) the gravity of the violation;
(3) any previous violations by the bank, trust company or person to be
assessed with such civil
money penalty;
(4) the nature and extent of any past violations; and
(5) such other matters as the commissioner may deem appropriate.
(c) Upon waiver by the respondent of the right to a public hearing concerning
an assessment of a
civil money penalty, the hearing or portions thereof may be closed to the
public when concern
arises about prompt withdrawal of moneys from or the safety and soundness of
the bank or trust
company.
(d) For the purposes of this section, a violation shall include, but is not
limited to, any action, by
any person alone or with another person, that causes, brings about, or results
in the participation
in, counseling of, or aiding or abetting of a violation.
(e) The commissioner, with approval of the state banking board, may modify or
set aside any
order assessing a civil money penalty. Any civil money penalty collected
pursuant to this
section shall be transmitted to the state treasurer, who shall credit it to the
bank commissioner
fee fund.
(f) Notwithstanding any other provision of law, no bank or trust company
shall indemnify or
insure any executive officer, director, employee, agent or person
participating in the conduct of
affairs of such bank or trust company against civil money penalties.
9-1809.Civil penalties.
(a) After providing a notice and an opportunity for a public
hearing in
accordance
with the Kansas administrative procedure act, the commissioner may, with the
approval of the
state banking board, assess against and collect a civil money penalty from any
bank or trust
company that, or any executive officer, director, employee, agent, or other
person
participating in the
conduct of the affairs of such bank or trust company who:
(1) Engages or participates in any unsafe or unsound practice in connection
with a bank or trust
company; or
(2) violates or knowingly permits any person to violate any of the provisions
of:
(A) The state banking code;
(B) any rule or regulation promulgated pursuant to the state banking code; or
(C) any lawful order of the commissioner or the state banking board.
(b) The civil money penalty shall not exceed $1,000 per day for each day
such violation
continues.
No civil money penalty shall be assessed for the same act or practice if
another government agency has taken similar action against the bank, trust
company or person to be assessed such civil money penalty.
In determining the amount of the civil money penalty to be
assessed, the
commissioner shall consider:
(1) The good faith of the bank, trust company or person to be assessed with
such civil money penalty;
(2) the gravity of the violation;
(3) any previous violations by the bank, trust company or person to be
assessed with such civil
money penalty;
(4) the nature and extent of any past violations; and
(5) such other matters as the commissioner may deem appropriate.
(c) Upon waiver by the respondent of the right to a public hearing concerning
an assessment of a
civil money penalty, the hearing or portions thereof may be closed to the
public when concern
arises about prompt withdrawal of moneys from or the safety and soundness of
the bank or trust
company.
(d) For the purposes of this section, a violation shall include, but is not
limited to, any action, by
any person alone or with another person, that causes, brings about, or results
in the participation
in, counseling of, or aiding or abetting of a violation.
(e) The commissioner, with approval of the state banking board, may modify or
set aside any
order assessing a civil money penalty. Any civil money penalty collected
pursuant to this
section shall be transmitted to the state treasurer, who shall credit it to the
bank commissioner
fee fund.
(f) Notwithstanding any other provision of law, no bank or trust company
shall indemnify or
insure any executive officer, director, employee, agent or person
participating in the conduct of
affairs of such bank or trust company against civil money penalties.
9-1809.Civil penalties.
(a) After providing a notice and an opportunity for a public
hearing in
accordance
with the Kansas administrative procedure act, the commissioner may, with the
approval of the
state banking board, assess against and collect a civil money penalty from any
bank or trust
company that, or any executive officer, director, employee, agent, or other
person
participating in the
conduct of the affairs of such bank or trust company who:
(1) Engages or participates in any unsafe or unsound practice in connection
with a bank or trust
company; or
(2) violates or knowingly permits any person to violate any of the provisions
of:
(A) The state banking code;
(B) any rule or regulation promulgated pursuant to the state banking code; or
(C) any lawful order of the commissioner or the state banking board.
(b) The civil money penalty shall not exceed $1,000 per day for each day
such violation
continues.
No civil money penalty shall be assessed for the same act or practice if
another government agency has taken similar action against the bank, trust
company or person to be assessed such civil money penalty.
In determining the amount of the civil money penalty to be
assessed, the
commissioner shall consider:
(1) The good faith of the bank, trust company or person to be assessed with
such civil money penalty;
(2) the gravity of the violation;
(3) any previous violations by the bank, trust company or person to be
assessed with such civil
money penalty;
(4) the nature and extent of any past violations; and
(5) such other matters as the commissioner may deem appropriate.
(c) Upon waiver by the respondent of the right to a public hearing concerning
an assessment of a
civil money penalty, the hearing or portions thereof may be closed to the
public when concern
arises about prompt withdrawal of moneys from or the safety and soundness of
the bank or trust
company.
(d) For the purposes of this section, a violation shall include, but is not
limited to, any action, by
any person alone or with another person, that causes, brings about, or results
in the participation
in, counseling of, or aiding or abetting of a violation.
(e) The commissioner, with approval of the state banking board, may modify or
set aside any
order assessing a civil money penalty. Any civil money penalty collected
pursuant to this
section shall be transmitted to the state treasurer, who shall credit it to the
bank commissioner
fee fund.
(f) Notwithstanding any other provision of law, no bank or trust company
shall indemnify or
insure any executive officer, director, employee, agent or person
participating in the conduct of
affairs of such bank or trust company against civil money penalties.