021-10 Wyo. Code R. § 10-2

Current through April 27, 2019
Section 10-2 - Special Definitions

(a) As used in this Chapter:

  • (i) "Actor" means a financial institution or holding company, or a director, officer, employee or agent of a financial institution or holding company.
  • (ii) "Affiliated entity" means the financial institution or holding company for which a director or officer serves.
  • (iii) "Appeal period" means the period of seven (7) days after the date on which an ordered person receives a notice of intent.
  • (iv) "Cease and desist order" means an order that instructs an actor to cease and desist from proscribed activity.
  • (v) "Notice date" means the date on which the petitioner is served with a notice of intent, which shall conclusively be the date shown on the return receipt or other reliable report of service.
  • (vi) "Order" means an order issued by the Commissioner under the enforcement article, including a penalty order and a temporary order.
  • (vii) "Ordered person" means a person who or which is the subject of an order and upon whom or which the order is to operate directly.
  • (viii) "Penalty order" means an order, or such portion of an order, that imposes a civil monetary penalty.
  • (ix) "Petition" means the request for hearing that a petitioner may file pursuant to W.S. 13-10-201 through 13-10-209.
  • (x) "Petitioner" means a person who files a petition. A petitioner may be a financial institution, a holding company, or an officer or director of a financial institution or a holding company.
  • (xi) "Principal actor" means a financial institution or holding company, or a director or an officer of a financial institution or holding company.
  • (xii) "Proscribed activity" means, as determined by the Commissioner, any action or inaction that:
    • (A) in the case of a financial institution,
      • (I) is or is about to become a violation of any state statute or rule relating to financial institutions;
      • (II) is or is about to become an unsafe and unsound practice; or
      • (III) is or is about to become an unauthorized practice;
    • (B) in the case of a holding company,
      • (I) is or is about to become a violation of any federal statute or rule relating to holding companies;
      • (II) is or is about to become an unsafe and unsound practice relating to a financial institution that it owns or controls; or
      • (III) is or is about to become an unauthorized practice relating to a financial institution that it owns or controls; or
    • (C) in the case of an actor who is an individual, constitutes
      • (I) in the course of performing his duties, a violation of any state statute or rule relating to financial institutions;
      • (II) the engagement or participation in any unsafe and unsound practice in performing his duties; or
      • (III) his being convicted of, or pleading guilty or nolo contendere to, a crime involving dishonesty or breach of trust.
  • (xiii) "Receipt date" means the date on which the Commissioner is served with a petition.
  • (xiv) " Temporary order" means an order issued pursuant to W.S. W.S. W.S. 13-10-204 or W.S. W.S. W.S. 13-10-206.

021-10 Wyo. Code R. § 10-2