1. The commissioner may issue and serve upon any licensee an order suspending or revoking a license if the commissioner finds that the licensee or any principal of the licensee has been convicted of a felony or that the licensee knowingly or through lack of due care: a. Failed to pay the annual license fee imposed under this chapter or any examination fee imposed by the commissioner under the authority of this chapter; b. Committed any fraud, engaged in any dishonest activities, or made any misrepresentations; c. Violated this chapter or any rule adopted under this chapter or violated any other law in the course of the licensee's business activities as a licensee; d. Made false statements in the application for the license; e. Engaged in any unfair or deceptive acts, practices, or advertising in the conduct of a deferred presentment service business; f. Failed to maintain the required bond; or g. Failed to maintain registration with the secretary of state if so required. 2. The order must contain a notice of opportunity for hearing pursuant to chapter 28-32.
3. If a hearing is not requested within twenty business days of the date the order is served upon the licensee or if a hearing is held and the commissioner finds that the record so warrants, the commissioner may enter a final order suspending or revoking the license. 4. If the commissioner finds that probable cause for revocation of any license exists and that enforcement of the chapter requires immediate suspension of such license pending investigation, it may upon written notice enter an order temporarily suspending such license for a period not exceeding sixty days, pending the holding of a hearing as prescribed in this chapter.
13-08-14.1. Suspension and removal of deferred presentment service provider officers and employees. 1. The commissioner of financial institutions may issue and serve upon any current or former deferred presentment service provider officer or employee and upon the licensee involved an order stating: a. That the current or former officer or employee is willfully engaging or has willfully engaged in any of the following conduct: (1) Violating a law, rule, order, or written agreement with the commissioner. (2) Engaging in harassment or abuse, the making of false or misleading representations, or engaging in unfair practices involving lending activity. (3) Performing an act of commission or omission or practice, which is a breach of trust or a breach of fiduciary duty. b. The term of suspension or removal from employment and participation within the conduct or the affairs of a deferred presentment service provider. 2. The order must contain a notice of opportunity for hearing pursuant to chapter 28-32. 3. If a hearing is not requested within twenty business days of the date the order is served, or if a hearing is held and the commissioner finds that the record so warrants, the commissioner may enter a final order suspending or removing the current or former employee or officer from office. The current or former officer or employee may request a termination of the final order after a period of no less than three years. 4. A contested or default suspension or removal order is effective immediately upon service of the final order on the current or former officer or employee and upon the licensee. A consent order is effective as agreed. Any current or former officer or employee suspended or removed from employment and participation within the conduct or the affairs of a deferred presentment service provider pursuant to this section is not eligible, while under suspension or removal, to be employed or otherwise participate in the affairs of any financial corporation, financial institution, credit union, or any other entity licensed by the department of financial institutions. 5. When any current or former officer or employee or other person participating in the conduct of the affairs of a licensee is charged with a felony in state or federal court which involves dishonesty or breach of trust, the commissioner may immediately suspend the person from office or prohibit the person from further participation in the deferred presentment service provider affairs, or both. The order is effective immediately upon service of the order on the licensee and the person charged and remains in effect until the criminal charge is finally disposed of or until modified by the commissioner. If a judgment of conviction, federal pretrial diversion, or similar state order or judgment is entered, the commissioner may order that the suspension or prohibition be made permanent. A finding of not guilty or other disposition of the charge does not preclude the commissioner from pursuing administrative or civil remedies. 6. Under this section, a person engages in conduct "willfully" if the person acted intentionally in the sense that the person was aware of what the person was doing.