{"law_id":"773384","section_number":"6.2-1909","catch_line":"Cease and desist orders","history":"2009, c. 346, \u00a7 6.1-374.2; 2010, c. 794.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/6.2-1909\/","refers_to":[{"id":"768264","section_number":"12.1-19.1","catch_line":"Service of process on the clerk of the State Corporation Commission as statutory agent","url":"\/12.1-19.1\/"}],"url":"\/6.2-1909\/","token":"6.2\/III\/19\/6.2-1909","structure":{"1":{"id":"594","name":"Money Order Sellers And Money Transmitters","identifier":"19","label":"chapter","url":"\/6.2\/III\/19\/"},"2":{"id":"446","name":"Other Regulated Providers Of Financial Services","identifier":"III","label":"subtitle","url":"\/6.2\/III\/"},"3":{"id":"332","name":"Financial Institutions And Services","identifier":"6.2","label":"title","url":"\/6.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"773384","structure_id":"594","full_text":"A If the Commission determines that (i) any person has violated any provision of this chapter or any regulation adopted hereunder or (ii) a licensee is engaging in one or more unsafe or unsound practices, the Commission may, upon 21 days’ notice in writing, order such person to cease and desist from such practices and to comply with the provisions of this chapter. The notice shall be sent by certified mail to the principal place of business of such person or other address authorized under \u00a7 12.1-19.1 and shall state the grounds for the contemplated action. Within 14 days of mailing the notice, the person or persons named therein may file with the clerk of the Commission a written request for a hearing. The Commission may enforce compliance with any such order issued under this section by imposition and collection of such fines and penalties as may be prescribed by law.\r\rB When, in the opinion of the Commission, immediate action is required to protect the public interest, a cease and desist order may be issued immediately without prior hearing. In such cases, the Commission shall make a hearing available to the person on an expedited basis.\r\rC If required to conserve the assets of a licensee or protect the public interest, the Commission may order a licensee and its authorized delegates to cease and desist from selling additional money orders or receiving additional funds for transmission.\r\rD The Commission shall have jurisdiction to enter and enforce a cease and desist order against any person, regardless of whether such person is present in the Commonwealth, who directly or indirectly (i) sells money orders to citizens of the Commonwealth or (ii) obtains money or control over such citizens’ funds for transmission.\r\r","text":{"0":{"id":"2493350","text":"If the Commission determines that (i) any person has violated any provision of this chapter or any regulation adopted hereunder or (ii) a licensee is engaging in one or more unsafe or unsound practices, the Commission may, upon 21 days’ notice in writing, order such person to cease and desist from such practices and to comply with the provisions of this chapter. The notice shall be sent by certified mail to the principal place of business of such person or other address authorized under \u00a7 12.1-19.1 and shall state the grounds for the contemplated action. Within 14 days of mailing the notice, the person or persons named therein may file with the clerk of the Commission a written request for a hearing. The Commission may enforce compliance with any such order issued under this section by imposition and collection of such fines and penalties as may be prescribed by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2493351","text":"When, in the opinion of the Commission, immediate action is required to protect the public interest, a cease and desist order may be issued immediately without prior hearing. In such cases, the Commission shall make a hearing available to the person on an expedited basis.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2493352","text":"If required to conserve the assets of a licensee or protect the public interest, the Commission may order a licensee and its authorized delegates to cease and desist from selling additional money orders or receiving additional funds for transmission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1},"3":{"id":"2493353","text":"The Commission shall have jurisdiction to enter and enforce a cease and desist order against any person, regardless of whether such person is present in the Commonwealth, who directly or indirectly (i) sells money orders to citizens of the Commonwealth or (ii) obtains money or control over such citizens’ funds for transmission.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1}},"ancestry":{"1":{"id":"594","name":"Money Order Sellers And Money Transmitters","identifier":"19","label":"chapter","url":"\/6.2\/III\/19\/"},"2":{"id":"446","name":"Other Regulated Providers Of Financial Services","identifier":"III","label":"subtitle","url":"\/6.2\/III\/"},"3":{"id":"332","name":"Financial Institutions And Services","identifier":"6.2","label":"title","url":"\/6.2\/"}},"structure_contents":{"0":{"id":"770617","structure_id":"594","section_number":"6.2-1900","catch_line":"Definitions","url":"\/6.2-1900\/","token":"6.2\/III\/19\/6.2-1900"},"1":{"id":"776596","structure_id":"594","section_number":"6.2-1901","catch_line":"License required; exception","url":"\/6.2-1901\/","token":"6.2\/III\/19\/6.2-1901"},"2":{"id":"766473","structure_id":"594","section_number":"6.2-1902","catch_line":"Scope and construction of chapter","url":"\/6.2-1902\/","token":"6.2\/III\/19\/6.2-1902"},"3":{"id":"769162","structure_id":"594","section_number":"6.2-1903","catch_line":"Application for license; financial statements; application fee","url":"\/6.2-1903\/","token":"6.2\/III\/19\/6.2-1903"},"4":{"id":"787567","structure_id":"594","section_number":"6.2-1904","catch_line":"Bond required","url":"\/6.2-1904\/","token":"6.2\/III\/19\/6.2-1904"},"5":{"id":"768029","structure_id":"594","section_number":"6.2-1904.1","catch_line":"Investigation of applications","url":"\/6.2-1904.1\/","token":"6.2\/III\/19\/6.2-1904.1"},"6":{"id":"768562","structure_id":"594","section_number":"6.2-1905","catch_line":"Annual fees; expenses; annual reports; renewal","url":"\/6.2-1905\/","token":"6.2\/III\/19\/6.2-1905"},"7":{"id":"770845","structure_id":"594","section_number":"6.2-1906","catch_line":"Conditions prerequisite to issuance of license; net worth requirement","url":"\/6.2-1906\/","token":"6.2\/III\/19\/6.2-1906"},"8":{"id":"786226","structure_id":"594","section_number":"6.2-1906.1","catch_line":"Licenses; places of business; changes","url":"\/6.2-1906.1\/","token":"6.2\/III\/19\/6.2-1906.1"},"9":{"id":"795308","structure_id":"594","section_number":"6.2-1907","catch_line":"License revocation","url":"\/6.2-1907\/","token":"6.2\/III\/19\/6.2-1907"},"10":{"id":"774543","structure_id":"594","section_number":"6.2-1908","catch_line":"Notice of proposed revocation","url":"\/6.2-1908\/","token":"6.2\/III\/19\/6.2-1908"},"11":{"id":"773384","structure_id":"594","section_number":"6.2-1909","catch_line":"Cease and desist orders","url":"\/6.2-1909\/","token":"6.2\/III\/19\/6.2-1909"},"12":{"id":"795973","structure_id":"594","section_number":"6.2-1910","catch_line":"Investigations; examinations; reporting violations","url":"\/6.2-1910\/","token":"6.2\/III\/19\/6.2-1910"},"13":{"id":"788706","structure_id":"594","section_number":"6.2-1911","catch_line":"Conduct of business through authorized delegates of licensee","url":"\/6.2-1911\/","token":"6.2\/III\/19\/6.2-1911"},"14":{"id":"786449","structure_id":"594","section_number":"6.2-1912","catch_line":"Liability of licensee for payment of money order; money order to bear name of licensee","url":"\/6.2-1912\/","token":"6.2\/III\/19\/6.2-1912"},"15":{"id":"777222","structure_id":"594","section_number":"6.2-1913","catch_line":"Regulations","url":"\/6.2-1913\/","token":"6.2\/III\/19\/6.2-1913"},"16":{"id":"786490","structure_id":"594","section_number":"6.2-1914","catch_line":"Acquisition of control; application","url":"\/6.2-1914\/","token":"6.2\/III\/19\/6.2-1914"},"17":{"id":"771370","structure_id":"594","section_number":"6.2-1915","catch_line":"Sale or issuance of bearer money orders; prohibition","url":"\/6.2-1915\/","token":"6.2\/III\/19\/6.2-1915"},"18":{"id":"792443","structure_id":"594","section_number":"6.2-1916","catch_line":"Retention of books, accounts, and records","url":"\/6.2-1916\/","token":"6.2\/III\/19\/6.2-1916"},"19":{"id":"789191","structure_id":"594","section_number":"6.2-1917","catch_line":"Other reporting requirements","url":"\/6.2-1917\/","token":"6.2\/III\/19\/6.2-1917"},"20":{"id":"767862","structure_id":"594","section_number":"6.2-1918","catch_line":"Maintenance of permissible investments","url":"\/6.2-1918\/","token":"6.2\/III\/19\/6.2-1918"},"21":{"id":"765392","structure_id":"594","section_number":"6.2-1919","catch_line":"Types of permissible investments","url":"\/6.2-1919\/","token":"6.2\/III\/19\/6.2-1919"},"22":{"id":"770010","structure_id":"594","section_number":"6.2-1920","catch_line":"Civil penalties","url":"\/6.2-1920\/","token":"6.2\/III\/19\/6.2-1920"},"23":{"id":"781390","structure_id":"594","section_number":"6.2-1921","catch_line":"Criminal penalty","url":"\/6.2-1921\/","token":"6.2\/III\/19\/6.2-1921"}},"previous_section":{"id":"774543","structure_id":"594","section_number":"6.2-1908","catch_line":"Notice of proposed revocation","url":"\/6.2-1908\/","token":"6.2\/III\/19\/6.2-1908"},"next_section":{"id":"795973","structure_id":"594","section_number":"6.2-1910","catch_line":"Investigations; examinations; reporting violations","url":"\/6.2-1910\/","token":"6.2\/III\/19\/6.2-1910"},"references":[{"id":"770010","section_number":"6.2-1920","catch_line":"Civil penalties","url":"\/6.2-1920\/"}],"formats":{"txt":"\/6.2-1909.txt","json":"\/6.2-1909.json","xml":"\/6.2-1909.xml"},"dublin_core":{"Title":"Cease and desist orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-1909","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nCEASE AND DESIST ORDERS (\u00a7 6.2-1909)\n\nA. If the Commission determines that (i) any person has violated any provision\nof this chapter or any regulation adopted hereunder or (ii) a licensee is\nengaging in one or more unsafe or unsound practices, the Commission may, upon 21\ndays’ notice in writing, order such person to cease and desist from such\npractices and to comply with the provisions of this chapter. The notice shall be\nsent by certified mail to the principal place of business of such person or\nother address authorized under \u00a7 12.1-19.1 and shall state the grounds for the\ncontemplated action. Within 14 days of mailing the notice, the person or persons\nnamed therein may file with the clerk of the Commission a written request for a\nhearing. The Commission may enforce compliance with any such order issued under\nthis section by imposition and collection of such fines and penalties as may be\nprescribed by law.\n\nB. When, in the opinion of the Commission, immediate action is required to\nprotect the public interest, a cease and desist order may be issued immediately\nwithout prior hearing. In such cases, the Commission shall make a hearing\navailable to the person on an expedited basis.\n\nC. If required to conserve the assets of a licensee or protect the public\ninterest, the Commission may order a licensee and its authorized delegates to\ncease and desist from selling additional money orders or receiving additional\nfunds for transmission.\n\nD. The Commission shall have jurisdiction to enter and enforce a cease and\ndesist order against any person, regardless of whether such person is present in\nthe Commonwealth, who directly or indirectly (i) sells money orders to citizens\nof the Commonwealth or (ii) obtains money or control over such citizens’\nfunds for transmission.\n\nHISTORY: 2009, c. 346, \u00a7 6.1-374.2; 2010, c. 794."}