§31-17-13. Notice of Refusal, or Suspension or Revocation, of License; Relinquishing License
(a) Whenever the commissioner refuses to issue a license, or suspends or revokes a license, he shall make and enter an order to that effect and shall cause a copy of the order to be served in person or by certified mail, return receipt requested, or in any other manner in which process in a […]
§31-17-14. Hearing Before Commissioner; Provisions Pertaining to Hearing
(a) Any applicant or licensee, as the case may be, adversely affected by an order made and entered by the commissioner in accordance with the provisions of section thirteen of this article, if not previously provided the opportunity to a hearing on the matter, may in writing demand a hearing before the commissioner. The commissioner […]
§31-17-15. Judicial Review
(a) Any person adversely affected by a final order made and entered by the commissioner after hearing held in accordance with the provisions of section fourteen of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern […]
§31-17-16. Actions to Enjoin Violations
(a) Whenever it appears to the commissioner that any person has been or is violating or is about to violate any provision of this article, any rules of the commissioner or any final order of the commissioner, the commissioner may apply in the name of the state, to the circuit court of the county in […]
§31-17-17. Loans Made in Violation of This Article Void; Agreements to Waive Article Void
(a) If any primary or subordinate mortgage loan is made in willful violation of the provisions of this article, except as a result of a bona fide error, such loan may be canceled by a court of competent jurisdiction: Provided, That it may not be construed to have been a willful violation of the provisions […]
§31-17-18. Violations and Penalties
(a) Any person, or any member, officer, director, agent or employee of such person, who violates or participates in the violation of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or imprisoned in a county or regional jail for not more than six months, […]
§31-17-19. Severability
If any provision of this article or its application to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the article, and to this end the provisions of this article are hereby declared to be severable.
§31-17-20. Effective Date
The amendments to this article enacted during the regular session of the Legislature in the year 2009 shall be effective as of July 1, 2009.
§31-17-6. Minimum Net Worth to Be Maintained; Bond to Be Kept in Full Force and Effect; Foreign Corporation to Remain Qualified to Do Business in This State
At all times, a lender and broker licensee shall: (1) Have available the net worth required by the provisions of section four of this article; (2) keep the bond required by said section in full force and effect; and (3) if the licensee be a foreign corporation, remain qualified to transact business in this state […]
§31-17-7. License Not Transferable or Assignable; License May Not Be Franchised; Renewal of License
(a) A license may not be transferable or assignable. A licensee may not offer a franchise under that license to another person. The commissioner may allow licensees to have branch offices without requiring additional licenses provided the location of all branch offices is registered with the Division of Banking by the licensee. Whenever a licensee […]