32-5-207. Revocation and suspension of license -- penalty -- restitution. - Montana Statutes

     32-5-207. Revocation and suspension of license -- penalty -- restitution. (1) (a) The department, after providing a 10-day written notice to the licensee that includes a statement of the grounds for the proposed suspension or revocation and informing the licensee that the licensee has the right to an administrative hearing, may issue an order suspending or revoking a license if it finds that the licensee has violated any provision of this chapter, has failed to comply with any department rule, written instruction, or order, has failed or refused to make required reports, has furnished false information, or has operated without a license.
     (b) The department may impose a civil penalty of not more than $1,000 for each violation of this chapter, not to exceed $5,000 for each administrative action, 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 business to the last-known address of record.
     (3) A revocation, suspension, or surrender of a license does not relieve the licensee from civil or criminal liability for acts committed prior to the revocation, suspension, or surrender 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.