LD 788
pg. 8
Page 7 of 9 An Act To Establish Consumer Protections and Regulations for Deferred Deposit L... Page 9 of 9
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LR 1491
Item 1

 
1.__Grounds for denial.__A fact or condition exists that, if
it had existed at the time when the lender applied for its
license, would have been grounds for denying the application;

 
2.__Violation.__The lender knowingly violates a provision of
this chapter or a rule or order validly adopted by the
administrator under authority of this subchapter or violates any
other law or rule applicable to the lender's conduct;

 
3.__Conviction; judgment. The lender has been convicted of a
felony or subject to a court judgment involving fraud,
misrepresentation or deceit;

 
4.__Federal; other state order. A federal or state
administrative order has been entered against the lender for a
violation of federal law or rule or another state's law or rule;

 
5.__Failure to perform written agreements.__The lender has
failed to conduct its business in accordance with written
agreements with consumers;

 
6.__Refusal of examination.__The lender refuses to permit the
administrator to make an examination or investigation authorized
by this chapter;

 
7.__Failure to respond.__The lender fails to promptly and
adequately respond to communications or orders from the
administrator; or

 
8.__Failure to report; make payments.__The lender willfully
fails to make a report or fails to pay any fees required by this
chapter.

 
For purposes of this section, acts of any officer, director,
member, principal or partner are deemed acts of the lender.

 
§6197.__Administrative enforcement orders

 
After notice and hearing, the administrator may order any
person to cease and desist from engaging in violations of this
chapter.__The administrator may also order affirmative action
designed to correct past or future violations of this chapter.__
Any hearing held under this subsection must be conducted in
accordance with the procedures of the Maine Administrative
Procedure Act, Title 5, chapter 375, subchapter 4.__A respondent
aggrieved by an order of the administrator may obtain judicial
review of the order and the administrator may, through the
Attorney General, obtain an order of the court for enforcement of
its order in the Superior Court.__The proceedings for review or
enforcement must be initiated and conducted in accordance with


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