2014 Iowa Code
TITLE XIII - COMMERCE
SUBTITLE 2 - FINANCIAL INSTITUTIONS
CHAPTER 533A - DEBT MANAGEMENT
SECTION 533A.7 - Disciplinary action.

533A.7  Disciplinary action.

1.  The superintendent may, after notice and hearing pursuant to chapter 17A, take disciplinary action against a licensee if the superintendent finds any of the following:

a.  The licensee, or an owner, partner, member, shareholder, officer, director, or manager of the licensee, has been convicted of a felony or of an indictable misdemeanor for financial gain.

b.  The licensee, or an owner, partner, member, shareholder, officer, director, or manager of the licensee, has violated any of the provisions of this chapter or any other state or federal law, rule, or regulation applicable to the conduct of its business.

c.  The licensee, or an owner, partner, member, shareholder, officer, director, or manager of the licensee, has engaged in fraud or deceit in procuring the issuance of a license or renewal under this chapter.

d.  The licensee, or an owner, partner, member, shareholder, officer, director, or manager of the licensee, has engaged in unfair conduct.

e.  The licensee is insolvent, or has filed for bankruptcy, receivership, or assignment for the benefit of creditors.

f.  The licensee fails to post the bond required by the provisions of this chapter or the superintendent receives notice that the required bond has been canceled.

2.  The superintendent may impose one or more of the following disciplinary actions against a licensee:

a.  Revoke a license.

b.  Suspend a license until further order of the superintendent for a specified period of time.

c.  Impose a period of probation under specified conditions.

d.  Impose civil penalties in an amount not to exceed five thousand dollars for each violation.

e.  Issue a citation and warning respecting licensee behavior.

f.  Order the licensee to pay restitution.

3.  The superintendent may order an emergency suspension of a licensee’s license pursuant to section 17A.18A.  A written order containing the facts or conduct which warrants the emergency action shall be timely sent to the licensee by restricted certified mail.  Upon issuance of the suspension order, the licensee must also be notified of the right to an evidentiary hearing.  A suspension proceeding shall be promptly instituted and determined.

4.  Except as provided in this section, a license shall not be revoked or suspended except after notice and a hearing thereon in accordance with chapter 17A.

5.  A licensee may surrender a license by delivering to the superintendent written notice of surrender, but a surrender does not affect the licensee’s civil or criminal liability for acts committed before the surrender.

6.  A revocation, suspension, or surrender of a license does not impair or affect the obligation of a preexisting lawful contract between the licensee and any person, including a debtor.

[C71, 73, 75, 77, 79, 81, §533A.7]

2006 Acts, ch 1042, §6; 2008 Acts, ch 1160, §10

Referred to in §533A.15