HARRY HUGHES, Governor

2819

(2) IMPOSE AS A CONDITION FOR A LOAN

ANY

RESTRICTION ON OBTAINING CREDIT, PROPERTY, OR SERVICE FROM A
COMPETITOR UNLESS THE RESTRICTION IS REASONABLY NECESSARY TO
SECURE THE LOAN;

(3)  IMPOSE AS A CONDITION FOR A SERVICE ANY
RESTRICTION ON OBTAINING CREDIT, PROPERTY, OR SERVICE FROM A
COMPETITOR; OR

(4)  ENGAGE IN AN ACT OR PRACTICE THAT IS
ANTICOMPETITIVE, UNFAIR, DECEPTIVE, OR INJURIOUS TO PUBLIC
INTEREST.

ACTS

(B) THE BANK COMMISSIONER MAY FURTHER DEFINE SPECIFIC
OR PRACTICES THAT ARE ANTICOMPETITIVE, UNFAIR,

DECEPTIVE, OR INJURIOUS TO THE PUBLIC INTEREST.

(C) A BANKING INSTITUTION AND ANY DIRECTOR, OFFICER,
TRUSTEE, MANAGER, AGENT, OR EMPLOYEE OF A BANKING
INSTITUTION WHO VIOLATES ANY PROVISION OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A
FINE NOT EXCEEDING $3,000 OR IMPRISONMENT NOT EXCEEDING 5
YEARS OR BOTH.

5-808.

(A) THE BANK COMMISSIONER MAY
INSTITUTION TO CEASE AND DESIST FROM:

ORDER ANY BANKING

(1)  AN UNSAFE OR UNSOUND BANKING PRACTICE;

(2)  A PRACTICE THAT IS INJURIOUS TO THE PUBLIC
INTEREST; OR

(3)  A VIOLATION OF A LAW, RULE, OR REGULATION
THAT RELATES TO THE BANK COMMISSIONER'S SUPERVISION OF THE
INSTITUTION.

(B)  TO PROTECT DEPOSITORS, STOCKHOLDERS, OR THE
PUBLIC, THE BANK COMMISSIONER MAY INCLUDE IN A CEASE AND
DESIST ORDER A RESTRICTION ON THE WITHDRAWAL OF MONEY FROM
ANY BANKING INSTITUTION.

(C)  THE BANK COMMISSIONER MAY INCLUDE IN A CEASE AND
DESIST ORDER A REQUIREMENT THAT THE OFFICERS OR DIRECTORS OF
A BANKING INSTITUTION ACT AFFIRMATIVELY TO CORRECT ANY
VIOLATION OR PRACTICE.

(D) (1) BEFORE A CEASE AND DESIST ORDER TAKES EFFECT,
THE BANK COMMISSIONER SHALL GIVE THE BANKING INSTITUTION AN
OPPORTUNITY FOR A HEARING.

(2) NOTICE OF THE HEARING SHALL BE GIVEN AND THE
HEARING SHALL BE HELD IN ACCORDANCE WITH THE ADMINISTRATIVE
PROCEDURE ACT.