TITLE 26

BANKS AND BANKING

CHAPTER 31

IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT

PART 3.

PROVISIONS APPLICABLE TO MORTGAGE LOAN ORIGINATORS

26-31-313.  ENFORCEMENT AUTHORITY, VIOLATIONS AND PENALTIES. (1) In order to ensure the effective supervision and enforcement of this part, the director may, pursuant to chapter 52, title 67, Idaho Code:

(a)  Deny, suspend, revoke, condition or decline to renew a license for a violation of this chapter, or rule or order issued under this chapter;

(b)  Deny, suspend, revoke, condition or decline to renew a license if an applicant or licensee under this part fails at any time to meet the requirements of section 26-31-306, Idaho Code, or section 26-31-309, Idaho Code, or withholds information or makes a material misstatement in an application for a license or renewal of a license;

(c)  Deny, suspend, revoke, condition or decline to renew a license if the applicant has violated any state or federal law, rule or regulation pertaining to mortgage brokering, mortgage lending or loan origination activities;

(d)  Order restitution against persons subject to this part for violations of this part;

(e)  Impose penalties on persons subject to this part pursuant to subsections (2) through (4) of this section; and

(f)  Issue orders under this part as follows:

(i)   Order persons subject to this part to cease and desist from conducting business, including immediate temporary orders to cease and desist;

(ii)  Order persons subject to this part to cease any harmful activities or violations of this part, including immediate temporary orders to cease and desist;

(iii) Enter immediate temporary orders to cease business under a license or interim license issued pursuant to this part, if the director determines that such license was erroneously granted or the licensee is currently in violation of this part;

(iv)  Order such other affirmative action as the director deems necessary.

(2)  The director may impose a civil penalty upon a mortgage loan originator or other person subject to this part if the director finds on the record, after notice and the opportunity for a hearing, that such mortgage loan originator or other person subject to this part has violated or failed to comply with any requirement of this part or any rule promulgated or order issued by the director under this chapter and pertinent to this part.

(3)  The maximum amount of penalty for each act or omission described in subsection (2) of this section shall be twenty-five thousand dollars ($25,000).

(4)  Each violation of this part, or failure to comply with any rule promulgated or order issued by the director under this chapter and pertinent to this part, is a separate and distinct violation or failure.

History:

[26-31-313, added 2009, ch. 97, sec. 2, p. 303.]