§ 12-631. Jurisdiction of Commissioner of Financial Regulation


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  •    (a) Investigation of complaint. -- If a complaint for violation of any provision of Part II of this subtitle is filed with the Commissioner of Financial Regulation, he may investigate the complaint and hold a hearing on it in accordance with § 11-413 of the Financial Institutions Article.

    (b) Notice of hearing. -- The Commissioner shall give to the person complained against at least ten days' written notice of the complaint and the time and place of any hearing. The notice shall be in writing and sent by registered or certified mail to his principal place of business.

    (c) Cease and desist order. --

       (1) If, after the hearing, the Commissioner finds that a person has engaged or is engaging in any act or practice prohibited by Part II of this subtitle, he shall order the person to cease and desist from the act or practice.

       (2) The order of the Commissioner shall comply with the Administrative Procedure Act.

    (d) Finality of order. --

       (1) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner's order.

       (2) If an appeal is filed, the order becomes final after final decision of the court affirming the order or dismissing the appeal.

    (e) Exception. -- For the purposes of this section, the Commissioner's order may not apply to any:

       (1) Incorporated bank, savings institution, or trust company;

       (2) A savings and loan association; or

       (3) A federal credit union or State chartered credit union.


HISTORY: An. Code 1957, art. 83, § 149A; 1975, ch. 49, § 3; ch. 216; 1980, ch. 578, § 1; 1996, ch. 326, § 2; 2000, ch. 61, § 1; 2005, ch. 25, § 13.