Ind. Code § 37-1-3-15
Final order; penalties; time for issuance; consent presumed upon failure to appear
As added by P.L.115-2026, SEC.97.
- (a) If, after a hearing described in section 13(b) of this chapter, the department finds that the conditions specified in section 12 of this chapter have been established, the department may issue a final order. If a hearing is not requested within the time specified in section 13(b) of this chapter, the director may issue a final order on the basis of the facts set forth in the written notice served under section 12(a) of this chapter.
- (b) Unless the director has entered into a consent agreement described in section 14 of this chapter, a final order must include separately stated findings of fact and conclusions of law for all aspects of the order.
(c) In a final order under this section, the department or the director, as appropriate, may order one (1) or more of the following with respect to an officer, a director, or a manager of a creditor:
- (1) The removal of the officer, director, or manager from the person's office, position, or employment.
- (2) A prohibition against any participation by the officer, director, or manager in the conduct of the affairs of any creditor.
(3) If the subject of the order is an officer or a director of a creditor, and subject to section 17 of this chapter, the imposition of a civil penalty not to exceed fifteen thousand dollars ($15,000) for each practice, violation, or act that:
- (A) is described in section 12 of this chapter; and
- (B) is found to exist by the department or the director.
- (d) A final order shall be issued in writing not later than ninety (90) days after conclusion of a hearing held under section 13(b) of this chapter, unless this period is waived or extended with the written consent of all parties or for good cause shown.
- (e) If the officer, director, or manager does not appear individually or by an authorized representative at a hearing held under section 13(b) of this chapter, the officer, director, or manager is considered to have consented to the issuance of a final order.
(f) The remedies provided in this chapter are in addition to other remedies contained in this article.
[Pre-2026 Revision Citation: 24-4.4-2-404.4.]
As added by P.L.115-2026, SEC.97.