Sec. 1. (a) Except as provided in subsection (b), IC 4-21.5 does not apply to a proceeding under this chapter. (b) IC 4-21.5-5 applies to judicial review of a final order of the department under this chapter. As added by P.L.33-1991, SEC.56.
Sec. 10. The director may enforce any of the following by applying for appropriate relief to a court having jurisdiction: (1) An order issued under this chapter. (2) A written agreement entered into by the department or the director and: (A) a financial institution; or (B) any director, officer, employee, or agent of the financial […]
Sec. 11. An individual who: (1) is suspended or prohibited from participating in the conduct of the affairs of a financial institution under section 6 or 7 of this chapter; and (2) after the suspension or prohibition knowingly or intentionally participates, directly or indirectly, in the management of the financial institution; commits a Level 6 […]
Sec. 12. (a) The director of the department may exercise the enforcement powers of this chapter against an affiliate of a financial institution, or against an officer, a director, or an employee of the affiliate, as if the affiliate were a financial institution if the director determines that a practice of the affiliate, or of […]
Sec. 2. If the director has reasonable cause to believe that a financial institution: (1) has engaged, is engaging, or will engage in an unsafe or unsound practice in conducting the business of the financial institution; or (2) has violated, is violating, or will violate a: (A) statute; (B) rule; (C) condition imposed in writing […]
Sec. 3. (a) If the director determines that a current or former director, officer, or employee of a financial institution has: (1) committed a violation of a statute, a rule, a final cease and desist order, any condition imposed in writing by the director in connection with the grant of any application or other request […]
Sec. 4. (a) A notice issued under this chapter must: (1) contain a statement of the facts constituting the alleged practice, violation, or breach; (2) state the facts alleged in support of the violation, practice, or breach; (3) state the director’s intention to enter an order under section 3(a) of this chapter; (4) be delivered […]
Sec. 5. If the director of the department enters into a consent to a final order under section 7 of this chapter with a financial institution, director, officer, or employee, the director is not required to issue and serve a notice of charges upon the financial institution, director, or officer under section 2 or 3 […]
Sec. 6. (a) If the director determines that an alleged practice, a violation, or an act specified in a notice served under this chapter is likely to: (1) cause insolvency of the financial institution; (2) cause substantial dissipation of assets or earnings of the financial institution; or (3) otherwise seriously prejudice the interests of the […]
Sec. 7. (a) If, after a hearing held under section 4(b) of this chapter, the department finds that the conditions specified in section 2 or 3 of this chapter have been established, the department may issue a final order. If a hearing is not requested within the time specified in section 4(b) of this chapter, […]
Sec. 8. (a) A final order issued under this chapter is effective: (1) on the date specified in the order; or (2) ten (10) days after service of the order, if an effective date is not specified in the order. A final order issued upon consent under section 7(e) of this chapter is effective at […]
Sec. 9. (a) A civil penalty imposed on a director or an officer under section 7 of this chapter may not exceed one thousand dollars ($1,000) per day for each practice, violation, or act found to exist in the final order. (b) In determining the amount of a civil penalty assessed under section 7 of […]
