536.9 Disciplinary action.
1. The superintendent may, after notice and hearing pursuant to chapter 17A, take disciplinary action against a licensee if the superintendent finds any of the following:
a. The licensee has violated a provision of this chapter or a rule adopted under this chapter or any other state or federal law, rule, or regulation applicable to the conduct of its business.
b. A fact or condition exists which would have warranted the superintendent to refuse to originally issue the license.
c. The licensee has failed to pay the annual license fee or to maintain in effect the bond or bonds required under the provisions of this chapter.
d. The licensee is insolvent.
e. The licensee has violated an order of the superintendent.
2. The superintendent may impose one or more of the following disciplinary actions against a licensee:
a. Revoke a license.
b. Suspend a license until further order of the superintendent or for a specified period of time.
c. Impose a period of probation under specified conditions.
d. Impose civil penalties in an amount not to exceed five thousand dollars for each violation.
e. Issue a citation and warning respecting licensee behavior.
f. Order the licensee to pay restitution.
3. The superintendent may order an emergency suspension of a licensee’s license pursuant to section 17A.18A. A written order containing the facts or conduct which warrants the emergency action shall be timely sent to the licensee by restricted certified mail. Upon issuance of the suspension order, the licensee must also be notified of the right to an evidentiary hearing. A suspension proceeding shall be promptly instituted and determined.
4. Except as provided in this section, a license shall not be revoked or suspended except after notice and a hearing thereon in accordance with chapter 17A.
5. A licensee may surrender a license by delivering to the superintendent written notice of surrender, but a surrender does not affect the licensee’s civil or criminal liability for acts committed before the surrender.
6. A revocation, suspension, or surrender of a license does not impair or affect the obligation of a preexisting lawful contract between the licensee and any person, including a borrower.
[C24, 27, 31, §9436; C35, §9438-f9; C39, §9438.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §536.9]
2008 Acts, ch 1160, §27
Structure Iowa Code
Section 536.1 - Title — license required.
Section 536.2 - Application — fees.
Section 536.4 - Grant or refusal of license.
Section 536.5 - License — form — posting.
Section 536.6 - Additional bond — available assets.
Section 536.7 - Separate license — change of name or place of business.
Section 536.7A - Change in control — approval.
Section 536.8 - Annual fee — payment.
Section 536.9 - Disciplinary action.
Section 536.10 - Examination of business — fee.
Section 536.11 - Records — annual report by licensee.
Section 536.12 - Restrictions on practices.
Section 536.14 - Rights of borrower — payments.
Section 536.15 - Limitation on principal amount.
Section 536.16 - Nonresident licensees — face-to-face solicitation.
Section 536.20 - Nonapplicability of statute.
Section 536.23 - Judicial review.
Section 536.24 - List of licensees by banking superintendent.
Section 536.25 - Statement of indebtedness of borrower.
Section 536.26 - Insured loans.
Section 536.27 - Insurance related to property of borrower.
Section 536.29 - Enforcement of Iowa consumer credit code.
Section 536.30 - Powers and duties of the superintendent — nationwide system.