Section 7-3 - Content of Notices of Intent and Orders (a) A notice of intent shall include the following: - (i) The name and street mailing address of each ordered person.
- (ii) If the ordered person is an officer or director of a financial institution or a holding company, the name and street mailing address of the financial institution or a holding company with which he is affiliated.
- (iii) The effective date of the order, unless specified in the proposed order.
- (iv) If the order includes a penalty order or is issued simultaneously with a penalty order, a statement as to the amount of the civil penalty for each proscribed activity and the total amount of the civil penalty to be assessed (which total may be expressed as a maximum amount that will accrue daily for so long as the proscribed activity continues).
- (v) A statement of the grounds for issuing the order, including citation to the statute or rule involved, if any.
- (vi) A statement of the facts in support of the allegations contained in the grounds for issuing the order.
- (vii) A statement informing the ordered person that it has the right to a hearing on the order before the Board in accordance with the Board Regulations and these Regulations and that failure to request a hearing within the appeal period will result in the order becoming final.
- (viii) A copy of the proposed order.
(b) An order shall include: - (i) The name of the ordered person, identified with reasonable particularity, such as by residence address, social security number or employment status.
- (ii) A brief statement, explaining the basis for the issuance of the order.
- (iii) If applicable, the effective date of the order, which may be immediately upon issuance.
- (iv) In the case of a cease and desist order, a statement directing the actor to discontinue the proscribed activity, directing it to correct the effects of or the steps leading to the proscribed activity, or both.
- (v) In the case of a removal order, a statement describing the proscribed activity that requires the removal of the actor.
- (vi) In the case of a temporary order, the determination by the Commissioner that the proscribed activity described in the proposed order poses an immediate threat to the safety and soundness of the financial institution or to the interests of the depositors, creditors or shareholders of the financial institution.
- (vii) In the case of a penalty order, the determination by the Commissioner:
- (A) That the actor has engaged in a proscribed activity or that the actor violated or failed to comply fully with any provision of a lawful order, and
- (B) As to his consideration of the factors listed in W.S. 13-10-207(c).