2006 Utah Code - 70D-1-16 — Department orders.

     70D-1-16.   Department orders.
     (1) If the department determines that any person engaging in business as a mortgage lender, broker, or servicer is violating, has violated, or the department has reasonable cause to believe is about to violate any provision of this chapter or any rule of the department made under this chapter, the department may order the person to cease and desist from committing any further violations, and in the most serious instances may prohibit the person from continuing to engage in business as a mortgage lender, broker, or servicer.
     (2) The department shall afford an opportunity for hearing upon request of any person alleged to have violated this chapter if the request is filed with the department within 30 days after the person requesting the hearing first receives notice of the allegations.
     (3) (a) If the department determines that a practice which it has alleged is unlawful should be enjoined during the pendency of any proceedings incident to that allegation, it may issue a temporary order at the commencement of the proceedings or at any time thereafter which is fully binding on the person to whom the temporary order is directed until the proceedings are concluded or the temporary order is modified or dissolved by the department.
     (b) Any person to whom a temporary order is directed may request a hearing concerning the order, which shall be held at the earliest mutually convenient time, but in no event more that ten days after the person's request is received by the department unless the department and the person requesting the hearing mutually agree to a later time.
     (c) Every temporary order shall include findings and conclusions in support of it.
     (d) For purposes of Section 63-46b-20, an immediate and significant danger to the public health, safety, or welfare exists if the department finds from specific facts supported by sworn statement or the records of a person subject to the order that loan applicants or mortgagors are otherwise likely to suffer immediate and irreparable injury, loss, or damage before proceedings incident to a final order can be completed.
     (4) The department may not award damages or penalties against a mortgage lender, broker, or servicer.
     (5) (a) Any order issued by the department under authority of this chapter shall be in writing, be delivered to or served upon the person affected, and specify its effective date, which may be immediate or at a later date.
     (b) Orders shall remain in effect until withdrawn by the department or until terminated by a court order. The order of the department, upon application made on or after its effective date to the Third District Court, or in any other district court, may be enforced ex parte and without notice by an order to comply entered by the court.

Enacted by Chapter 172, 1990 General Session