1.
- a. If the superintendent determines that a violation of this chapter, a rule adopted under this chapter, or an order issued under this chapter by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, the licensee’s customers, or the public, or cause insolvency or significant dissipation of assets of the licensee, the superintendent may issue an order requiring the licensee or authorized delegate to cease and desist from the violation.
- b. The superintendent may issue an order for a licensee to cease and desist from providing money transmission through an authorized delegate that is the subject of a separate order by the superintendent.
2.
- a. If the superintendent has reason to believe that a person has violated or is violating section 533C.301, 533C.501, or 533C.502, the superintendent may issue an order requiring the person to show cause why an order to cease and desist the violation should not be issued.
- b. In an emergency under this subsection, the superintendent may petition the district court for the issuance of a temporary restraining order ex parte pursuant to the rules of civil procedure.
- 3. An order to cease and desist becomes effective upon service of the order upon the person, licensee, or authorized delegate.
- 4. An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to section 533C.908.
- 5. A person, licensee, or an authorized delegate who is served with an order to cease and desist under this section may petition the appropriate court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to section 533C.908.
- 6. An order to cease and desist shall expire ten days after the order is issued unless the superintendent commences an administrative proceeding pursuant to section 533C.908.
Section applies retroactively to July 1, 2023; 2024 Acts, ch 1030, §15
2024 Acts, ch 1030, §5, 14, 15
Referred to in §533C.908