32-5-207. Revocation and suspension of license -- penalty -- restitution. (1) (a) The department, after providing a 14-day written notice to a person, whether licensed or unlicensed, that includes a statement of alleged violations and notice that the person has the right to an administrative hearing, may issue an order that includes one or more of the penalties provided for in subsection (1)(b) if it finds that the person has:
     (i) violated any provision of this chapter;
     (ii) failed to comply with any department rule, written instruction, or order;
     (iii) failed or refused to make required reports;
     (iv) furnished false information; or
     (v) operated without a license.
     (b) The department may impose a civil penalty of not more than $1,000 for each violation and may order restitution to borrowers and reimbursement of the department's costs in bringing an administrative action. The department may suspend or revoke the right of a person or licensee, directly or through an officer, agent, employee, or representative, to operate as a licensee or to engage in the business of making consumer loans.
     (2) All notices, hearing schedules, and orders must be mailed to the person or licensee by certified mail to the address for which the license was issued or in the case of an unlicensed person to the last-known address of record.
     (3) A revocation or suspension of a license does not relieve the licensee from civil, administrative, or criminal liability for acts committed prior to the revocation or suspension of the license.
     (4) All civil penalties collected pursuant to this section must be deposited in the state general fund.

     History: En. Sec. 23, Ch. 283, L. 1959; amd. Sec. 116, Ch. 431, L. 1975; R.C.M. 1947, 47-223; amd. Sec. 6, Ch. 372, L. 2007; amd. Sec. 6, Ch. 173, L. 2013.