45-8-218 - Issuance of orders Notice Hearings. - Tennessee Statutes

45-8-218. Issuance of orders Notice Hearings.

(a)  The commissioner may issue an order, setting forth an appropriate remedy, including, but not limited to, a cease-and-desist order, an order removing any person from office with a licensee, or prohibiting any person from further participating in any manner in the conduct of the business of the licensee, upon a finding by the commissioner that the licensee, subject person or other person:

     (1)  Has violated, is violating, or is about to violate any provision of this part or other applicable law, rule or regulation;

     (2)  Has engaged or participated, or is engaging or participating, or is about to engage or participate, detrimentally with respect to the business of the licensee;

     (3)  Has been indicted or convicted for a crime involving dishonesty or breach of trust; or

     (4)  Is conducting acts that threaten the interests of the licensee or may threaten to impair public confidence in the licensee.

(b)  Notice and hearing shall be provided in advance of any action authorized in subsection (a). In cases involving extraordinary circumstances requiring immediate action, the commissioner may take the action, but shall promptly afford a subsequent hearing upon application to rescind the action taken.

(c)  The licensee, subject person or other person to whom an order is issued under subsection (a), is entitled to an administrative review of the order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

[Acts 1989, ch. 124, § 18.]