32-2-1207. Suspension or prohibition effective on service -- stay. (1) (a) With respect to any board member, officer, or other person of an institution to whom notice is sent pursuant to 32-2-1205, if the department considers it necessary for the protection of the institution or the interests of its depositors that the individual be suspended from office or prohibited from further participation in any manner in the conduct of the affairs of the institution, the department may serve on the individual a written notice suspending the individual from office or prohibiting the individual from further participation in any manner in the conduct of the affairs of the institution.
(b) The notice must contain a statement of the facts constituting grounds for the order and must fix a time, not later than 14 days from the date of the service of the notice, at which a hearing will be held to afford the individual the opportunity to respond.
(c) The suspension or prohibition is effective on service of the notice, and unless stayed by a court in proceedings authorized by subsection (2), remains in effect until:
(i) the completion of the administrative proceedings pursuant to the notice served under 32-2-1204;
(ii) the department dismisses the charges specified in the notice; or
(iii) the order of removal or prohibition that is issued against the board member, officer, or other person becomes effective.
(d) Copies of the notice must also be served on the institution of which the individual is a director or officer or in the conduct of whose affairs the individual has participated.
(2) Within 14 days after the hearing provided for in subsection (1), the board member, officer, or other person may apply to the district court for the county in which the home office of the institution is located for a stay of the suspension or prohibition pending the completion of the administrative proceedings pursuant to the notice served on the individual under 32-2-1204. The court has jurisdiction to stay the suspension or prohibition.
History: En. Sec. 129, Ch. 431, L. 2021.