Section 14305 Of Article 3. Enforcement From California Financial Code >> Division 5. >> Chapter 3. >> Article 3.
14305
. (a) If the commissioner finds that any of the factors set
forth in Section 14304 is true with respect to a subject institution
or subject person and that the action or violation is likely to have
any of the consequences set forth in paragraphs (1) to (4),
inclusive, the commissioner may, without any prior notice or hearing,
order the subject institution or subject person to cease and desist
from the action or violation:
(1) To cause the insolvency of the subject institution.
(2) To cause significant dissipation of the assets or earnings of
the subject institution.
(3) To weaken the condition of the subject institution.
(4) To otherwise prejudice the interests of the members of the
subject institution.
(b) (1) (A) Within 30 days after an order is issued pursuant to
subdivision (a), any subject institution or subject person to whom
the order is issued may file with the commissioner an application for
a hearing on the order.
(B) If the commissioner fails to commence the hearing within 15
business days after the application is filed with the commissioner,
or within any longer period to which the subject institution or
subject person consents, the order shall be deemed rescinded.
(C) Within 30 days after the hearing, or within any longer period
to which the subject institution or subject person consents, the
commissioner shall affirm, modify, or rescind the order. If the
commissioner fails to affirm, modify, or rescind the order within
this time limit, the order shall be deemed rescinded.
(2) The right of any subject institution or subject person to whom
an order is issued under subdivision (a) to petition for judicial
review of the order shall not be affected by the failure of the
subject institution or subject person to apply to the commissioner
for a hearing on the order pursuant to paragraph (1).