Section 361.1017

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 361

Effective - 28 Aug 2024   

  361.1017.  Orders to cease and desist. — 1.  If the director determines that a violation of sections 361.900 to 361.1035 or of a rule adopted or an order issued under sections 361.900 to 361.1035 by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the violation, or cause insolvency or significant dissipation of assets of the licensee, the director may issue an order requiring the licensee or authorized delegate to cease and desist from the violation.  The order becomes effective upon service to the licensee or authorized delegate.

  2.  The director may issue an order against a licensee to cease and desist from providing money transmission through an authorized delegate that is the subject of a separate order by the director.

  3.  An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding under chapter 536.

  4.  A licensee or an authorized delegate that is served with an order to cease and desist may petition the circuit court with jurisdiction for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding under chapter 536.

  5.  An order to cease and desist expires unless the director commences an administrative proceeding under chapter 536 within ten days after it is issued.

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(L. 2024 S.B. 1359)