26-2140B. SUSPENSION OR REMOVAL OF DIRECTORS, SUPERVISORY COMMITTEE MEMBERS, OFFICERS, OR EMPLOYEES — PROHIBITION OF FUTURE EMPLOYMENT. (1) The director may issue a written order, pursuant to chapter 52, title 67, Idaho Code, suspending or removing a credit union director, supervisory committee member, officer, or employee upon finding that the director, supervisory committee member, officer, or employee has:
(a) Been dishonest or reckless in the performance of his official duties;
(b) Breached his fiduciary duties to the credit union in a manner that is likely to cause substantial loss or seriously weaken the credit union;
(c) Violated any provision of this chapter, any state or federal law or regulation pertaining to the business of the credit union, or any order of the director;
(d) Been convicted of a felony or any misdemeanor involving theft or dishonesty; or
(e) Engaged or participated in any unsafe or unsound practice in the conduct of the affairs of the credit union.
(2) In the event a director, supervisory committee member, officer, or employee has been removed from office as set forth in this section, and the order has not been modified, rescinded, or set aside, or if a person has been removed as a director, supervisory committee member, officer, or employee of a credit union by a federal financial institution regulator or a financial institution regulator in another state, the person is prohibited from becoming employed by a credit union supervised by the director in this state, except as specifically permitted by the director.
(3) The director, officer, employee, or credit union affected by order of the director may immediately petition the district court in the judicial district of the county in which the credit union has its principal place of business or in Ada county to set aside the order of the director. Upon the filing of such petition, the court shall have the jurisdiction to affirm or set aside in whole or in part and remand to the director.
(4) An order issued under this section must contain a statement of the facts that constitute grounds for removal or prohibition and cite relevant state or federal law or regulation.
(5) A prevailing party in any proceeding under this section may be awarded attorney’s fees and costs pursuant to section 12-117, Idaho Code.
History:
[26-2140B, added 2020, ch. 214, sec. 8, p. 632.]
Structure Idaho Code
Chapter 21 - IDAHO CREDIT UNION ACT
Section 26-2103 - SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE.
Section 26-2104 - DEFINITION AND USE OF TERMS.
Section 26-2105 - ORGANIZATION.
Section 26-2107 - RESTRICTIONS.
Section 26-2109 - POWER TO ACQUIRE AND HOLD REAL PROPERTY.
Section 26-2111 - EXPULSION AND WITHDRAWAL FROM FIELD OR MEMBERSHIP.
Section 26-2112 - FISCAL YEAR.
Section 26-2113 - MEMBER VOTING.
Section 26-2113A - ANNUAL MEMBERSHIP MEETINGS.
Section 26-2113B - SPECIAL MEMBERSHIP MEETINGS.
Section 26-2114 - BOARD OF DIRECTORS — ELECTION OF DIRECTORS — TERMS — VACANCIES — MEETINGS — RULES.
Section 26-2114A - BOARD MEMBERS — QUALIFICATIONS.
Section 26-2114B - OFFICIALS — FIDUCIARY DUTY — RELIANCE ON INFORMATION.
Section 26-2116 - BOARD OF DIRECTORS — POWERS AND DUTIES.
Section 26-2117 - PENALTIES FOR OFFICIAL MISCONDUCT.
Section 26-2118 - CREDIT COMMITTEE — APPOINTMENT — DUTIES.
Section 26-2120 - LIMIT ON LOAN AMOUNT — LOANS TO ONE BORROWER.
Section 26-2120A - LIMIT ON LOAN MATURITY.
Section 26-2121 - SUPERVISORY COMMITTEE — MEMBERSHIP — TERMS — VACANCIES.
Section 26-2121A - SUPERVISORY COMMITTEE DUTIES.
Section 26-2121B - SUSPENSION OF MEMBERS OF THE BOARD BY SUPERVISORY COMMITTEE — FOR CAUSE.
Section 26-2121C - SUSPENSION OF MEMBERS OF THE BOARD OR SUPERVISORY COMMITTEE BY BOARD — FOR CAUSE.
Section 26-2121D - REMOVAL OF DIRECTOR OR SUPERVISORY COMMITTEE MEMBER.
Section 26-2122 - COMPENSATION — CREDIT UNION MANAGER, EMPLOYMENT.
Section 26-2123 - SHARES AND CERTIFICATES OF DEPOSIT.
Section 26-2124 - JOINT ACCOUNTS.
Section 26-2126 - TRUST ACCOUNTS.
Section 26-2127 - INVESTMENT OF FUNDS.
Section 26-2128 - LIQUIDITY REQUIREMENTS.
Section 26-2129 - RESERVE REQUIREMENTS.
Section 26-2131 - SHARE REDUCTION.
Section 26-2133 - REPORTS — FINANCIAL AND STATISTICAL DATA.
Section 26-2134 - APPLICATION FEES.
Section 26-2135 - BOOKS AND RECORDS.
Section 26-2136A - EXAMINATIONS AND INVESTIGATIONS REPORTS — ACCESS TO RECORDS — OATHS — SUBPOENAS.
Section 26-2136C - DISCLOSURE OF CONFIDENTIAL INFORMATION BY THE DEPARTMENT — PENALTY.
Section 26-2137 - FALSE REPORTS.
Section 26-2140 - CEASE AND DESIST ORDER — PENALTY.
Section 26-2140A - CONSERVATORSHIP.
Section 26-2141A - RECEIVER — DUTIES — POWERS.
Section 26-2142 - VOLUNTARY AND/OR INVOLUNTARY LIQUIDATION.
Section 26-2143 - HEAD OFFICE AND BRANCH OFFICES.
Section 26-2144 - ADMINISTRATION, RULES AND REGULATIONS.
Section 26-2145 - AUTHORITY TO EXERCISE FEDERAL POWERS.
Section 26-2146 - INVESTMENT IN SERVICE CORPORATION.
Section 26-2147 - CREDIT UNIONS JOINTLY HOLDING STOCK — EFFECT OF WITHDRAWAL BY ONE CREDIT UNION.
Section 26-2148 - DUTY OF CREDIT UNION SERVICE CORPORATION NOT TO DISCRIMINATE — BURDEN OF PROOF.
Section 26-2149 - PROHIBITED ACTIVITIES.
Section 26-2150 - CUSTOMER-CREDIT UNION COMMUNICATION TERMINAL.
Section 26-2151 - CUSTODIAL ACCOUNTS.
Section 26-2152 - INTERSTATE CREDIT UNIONS — APPROVAL — PERMIT — FEES — SUPERVISION.
Section 26-2153 - SHARE AND DEPOSIT INSURANCE.
Section 26-2154 - CREDIT UNIONS ELIGIBLE AS DEPOSITORIES.
Section 26-2155 - DESIGNATION OF DEPOSITORY — REPORTING OF RESERVES AND UNDIVIDED EARNINGS.
Section 26-2156 - BOND COVERAGE.
Section 26-2157 - AUTHORITY OF DIRECTOR TO CALL AND ATTEND SPECIAL MEETING OF THE BOARD.
Section 26-2170 - DEFINITION, PURPOSE AND RESTRICTIONS, IDAHO CORPORATE CREDIT UNION.
Section 26-2171 - ORGANIZATION — IDAHO CORPORATE CREDIT UNION.
Section 26-2172 - AMENDMENTS — IDAHO CORPORATE CREDIT UNION.
Section 26-2173 - CORPORATE POWERS — IDAHO CORPORATE CREDIT UNION.
Section 26-2174 - MEMBERSHIP IN THE IDAHO CORPORATE CREDIT UNION.
Section 26-2176 - MEETINGS AND ELECTIONS OF THE IDAHO CORPORATE CREDIT UNION.
Section 26-2177 - OFFICIAL FAMILY — IDAHO CORPORATE CREDIT UNION.
Section 26-2178 - OFFICERS — IDAHO CORPORATE CREDIT UNION.
Section 26-2179 - BOARD OF DIRECTORS — IDAHO CORPORATE CREDIT UNION.
Section 26-2180 - LOANS TO MEMBER CREDIT UNIONS — IDAHO CORPORATE CREDIT UNION.
Section 26-2181 - COMPENSATION — CORPORATE OFFICERS.
Section 26-2182 - SHARES AND DEPOSITS.
Section 26-2183 - RESERVE ALLOCATIONS — IDAHO CORPORATE CREDIT UNION.
Section 26-2184 - DIVIDENDS — IDAHO CORPORATE CREDIT UNION.
Section 26-2185 - APPLICABLE PROVISIONS OF THE IDAHO CREDIT UNION ACT.
Section 26-2186 - TAXATION — IDAHO CORPORATE CREDIT UNION.