Title 12
SECTION 1081.501
1081.501 Basis for issuance, form, and service.
§ 1081.501 Basis for issuance, form, and service.(a) In general. The Director or his or her designee may issue a temporary cease-and-desist order if he or she determines that one or more of the alleged violations specified in a notice of charges, or the continuation thereof, is likely to cause the respondent to be insolvent or otherwise prejudice the interests of consumers before the completion of the adjudication proceeding. A temporary cease-and-desist order may require the respondent to cease and desist from any violation or practice specified in the notice of charges and to take affirmative action to prevent or remedy such insolvency or other condition pending completion of the proceedings initiated by the issuance of a notice of charges.
(b) Incomplete or inaccurate records. When a notice of charges specifies, on the basis of particular facts and circumstances, that the books and records of a respondent are so incomplete or inaccurate that the Bureau is unable to determine the financial condition of the respondent or the details or purpose of any transaction or transactions that may have a material effect on the financial condition of the respondent, then the Director or his or her designee may issue a temporary order requiring:
(1) The cessation of any activity or practice which gave rise, whether in whole or in part, to the incomplete or inaccurate state of the books or records; or
(2) Affirmative action to restore such books or records to a complete and accurate state, until the completion of the adjudication proceeding.
(c) Content, scope and form of order. Every temporary cease-and-desist order accompanying a notice of charges shall describe:
(1) The basis for its issuance, including the alleged violations and the harm that is likely to result without the issuance of an order; and
(2) The act or acts the respondent is to take or refrain from taking.
(d) Effective and enforceable upon service. A temporary cease-and-desist order is effective and enforceable upon service.
(e) Service. Service of a temporary cease-and-desist order shall be made pursuant to § 1081.113(d).