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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
220
:
SUPERVISION AND REGULATION
Subchapter
007
:
ENFORCEMENT
§
30701. Enforcement powers of Commissioner
(a) The
Commissioner may:
(1) Restrict the
withdrawal of share or deposit accounts from a Vermont credit union or a
Vermont office of a state-chartered credit union when the Commissioner finds
that extraordinary circumstances make the restriction necessary for the proper
protection of members in the affected credit union.
(2) Order any
person to cease violating this title, a lawful regulation, or order of the
Commissioner issued under it, or to cease engaging in any unsafe or unsound
practice.
(3) Except as
provided in subdivision (4) of this subsection, impose an administrative
penalty of not more than $15,000.00 upon any credit union or any person who,
for each violation of this title, a lawful regulation, or order of the
Commissioner issued under it:
(A) knowingly
violates this title or a lawful regulation or order issued under it;
(B) has
knowingly engaged or participated in any materially unsafe or unsound practice
in connection with a credit union; or
(C) has
knowingly committed or engaged in any act, omission, or practice which
constitutes a breach of fiduciary duty to the credit union, including,
violations of section 31313 of this title.
(4) Impose an
administrative penalty of not more than $100.00 per day on any person who fails
without good cause to file any report or other filing under this title when
due.
(5) Remove from
a Vermont credit union or state credit union regulated under this title any
director, officer, committee member, employee, agent of the credit union, or
other person who:
(A) knowingly
violates this title or a lawful regulation or order issued under it;
(B) is convicted
of a crime involving dishonesty;
(C) has
knowingly engaged or participated in any materially unsafe or unsound practice
in connection with the credit union;
(D) has
knowingly committed or engaged in any act, omission, or practice which
constitutes a breach of fiduciary duty to the credit union; or
(E) is not
eligible for bond coverage or who loses his or her ability to be covered by a
bond.
(b) In
determining the amount of any administrative penalty assessed pursuant to this
section, the Commissioner shall consider the following factors:
(1) the
appropriateness of the administrative penalty with respect to the financial
resources and good faith of the person or credit union charged;
(2) the gravity
of the violation or practice;
(3) the history
of previous violations or practices of a similar nature;
(4) the economic
benefit, if any, derived by any person from the violation or practice;
(5) whether the
credit union has suffered or probably will suffer financial loss or other
damage;
(6) whether the
interest of members could be seriously prejudiced by such violation, practice,
or breach of fiduciary duty; or
(7) other
factors as justice may require.
(c)(1) Except as
provided in subdivision (2) of this subsection, the Commissioner shall provide
notice of any enforcement order proposed pursuant to this section and the
grounds therefore by mail to the credit union and to any person named as a
party to the enforcement proceeding. The credit union or any person so served
may, within 30 days of service on the credit union, request that the
Commissioner hold a hearing. If no hearing is requested, the proposed order
shall become final 30 days after service on the credit union or such person.
The provisions of 3 V.S.A. chapter 25 and any applicable Department regulations
shall govern any hearing held by the Commissioner under this section. An appeal
under this section shall be filed within 30 days of the date of the
Commissioner's decision and shall be to the Washington Superior Court.
(2)
Notwithstanding subdivision (1) of this subsection, the Commissioner may, ex
parte without notice, issue any enforcement order under this section in any
case in which the Commissioner determines such action is necessary to:
(A) conserve the
assets of any credit union; or
(B) protect the
interests of the members of such credit union.
(d) The hearing
on a removal order shall be private unless the Commissioner determines that a
public hearing is necessary to protect the public interest. If the Commissioner
deems it necessary to assure the continued safety and soundness of the credit
union, the Commissioner may, in his or her discretion, order an immediate
suspension of any person pending completion of further administrative
proceedings on his or her removal. (Added 2005, No. 16, § 1, eff. July 1, 2005;
amended 2013, No. 29, § 18, eff. May 13, 2013.)