CEASE AND DESIST ORDER REGARDING UNAUTHORIZED TRUST ACTIVITY

(a) The banking commissioner may serve a proposed cease and desist order on a person the banking commissioner believes is engaging or is likely to engage in an unauthorized trust activity. The order must: (1) be delivered by personal delivery or registered or certified mail, return receipt requested, to the person's last known address; (2) state the acts or practices alleged to be an unauthorized activity; and (3) state the effective date of the order, which may not be earlier than the 21st day after the date the proposed order is mailed or delivered. (b) Unless the person against whom the proposed order is directed requests a hearing in writing before the effective date of the proposed order, the order takes effect and is final and nonappealable as to that person. (c) A requested hearing on a proposed order shall be held not later than the 30th day after the date the first written request for a hearing on the order is received by the banking commissioner unless the parties agree to a later hearing date. At the hearing, the banking commissioner has the burden of proof and must present evidence in support of the order. Each person against whom the order is directed may cross-examine witnesses and show cause why the order should not be issued. (d) After the hearing, the banking commissioner shall issue or decline to issue a cease and desist order. The proposed order may be modified as necessary to conform to the findings at the hearing. An order issued under this subsection: (1) is immediately final for purposes of enforcement and appeal; and (2) must require the person to immediately cease and desist from the unauthorized trust activity. (e) The banking commissioner may release a final cease and desist order issued under this section or information relating to the existence of the order to the public if the banking commissioner finds that the release would enhance the effective enforcement of the order or will serve the public interest.