33.04.042 - Cease and desist order -- Notice of charges -- Grounds -- Hearing on -- Issuance of order, when -- Contents -- Effective, when.

Cease and desist order — Notice of charges — Grounds — Hearing on — Issuance of order, when — Contents — Effective, when.

(1) The director may issue and serve upon an association a notice of charges if in the opinion of the director the association:

     (a) Is engaging or has engaged in an unsafe or unsound practice in conducting the business of the association;

     (b) Is violating or has violated a material provision of any law, rule, or any condition imposed in writing by the director in connection with the granting of any application or other request by the association or any written agreement made with the director; or

     (c) Is about to do the acts prohibited in (a) or (b) of this subsection if the opinion that the threat exists is based upon reasonable cause.

     (2) The notice shall contain a statement of the facts constituting the alleged violation or violations or the practice or practices and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the association. The hearing shall be set not earlier than ten days nor later than thirty days after service of the notice unless a later date is set by the director at the request of the association.

     Unless the association appears at the hearing by a duly authorized representative, it shall be deemed to have consented to the issuance of the cease and desist order. In the event of this consent or if upon the record made at the hearing the director finds that any violation or practice specified in the notice of charges has been established, the director may issue and serve upon the association an order to cease and desist from the violation or practice. The order may require the association and its directors, officers, employees, and agents to cease and desist from the violation or practice and may require the association to take affirmative action to correct the conditions resulting from the violation or practice.

     (3) A cease and desist order shall become effective at the expiration of ten days after the service of the order upon the association concerned except that a cease and desist order issued upon consent shall become effective at the time specified in the order and shall remain effective as provided therein unless it is stayed, modified, terminated, or set aside by action of the director or a reviewing court.

[1994 c 92 § 419; 1982 c 3 § 7.]

Notes: Severability -- 1982 c 3: See note following RCW 33.04.002.