Civil penalties for engaging in certain practices or violations of act; determination of penalty

(a) After providing notice and an opportunity for a public hearing in accordance with the Kansas administrative procedure act, the administrator may assess against and collect a civil money penalty from any credit union that: (1) Engages or participates in any unsafe or unsound practice in connection with a credit union; or (2) violates or knowingly permits any person to violate the provisions of: (A) The state credit union code; (B) rules and regulations promulgated pursuant to the state credit union code; or (C) any lawful order of the administrator. (b) The civil money penalty shall not exceed $1,000 per day such violation continues. No civil money penalty shall be assessed for the same act or practice if another governmental agency has taken similar action against the credit union. In determining the amount of the civil money penalty to be assessed, the administrator shall consider: (1) The good faith of the credit union; (2) the gravity of the violation; (3) any previous violations by the credit union; (4) the nature and extent of any past violations; and (5) such matters as the administrator deems appropriate. (c) Upon waiver by the respondent of the right to a public hearing concerning an assessment of a civil money penalty, the hearing or a portion thereof may be closed to the public when concern arises about the prompt withdrawal of moneys from or the safety and soundness of the credit union. (d) This section shall be a part of and supplemental to the state credit union code.