Browse Arkansas Code titles and sections
23-55-807. Unlicensed persons.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-55-807. Unlicensed persons.
(a)(1) [Repealed.]
(2) If as a result of an investigation or examination the Securities Commissioner finds that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or a rule or order under this chapter, the commissioner may summarily issue:
(A) A cease and desist order under § 23-55-803; or
(B) An order to prohibit the person from continuing to engage in providing money services.
(b) [Repealed.]
(c)(1) An order to cease and desist becomes effective upon service of it upon the person.
(2) A hearing shall be held on the written request of the person aggrieved by the order to cease and desist if the request is received by the commissioner within thirty (30) days of the date of the entry of the order to cease and desist or if ordered by the commissioner.
(d) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to §§ 23-55-901 and 23-55-902 and the entry of a subsequent order by the commissioner to affirm, modify, or vacate the order.
(e) The commissioner may apply to the Pulaski County Circuit Court to:
(1) Temporarily or permanently enjoin an act or practice that violates this chapter or a rule or order under this chapter; or
(2) Enforce compliance with this chapter or a rule or order under this chapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-55-807
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-55-807
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b16683807489ef685ac75664932adac4cca8785d0492f567268988ec51e68db3
Source location: content.xml paragraph 27220
Stored source content
23-55-807. Unlicensed persons.
(a)(1) [Repealed.]
(2) If as a result of an investigation or examination the Securities Commissioner finds that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or a rule or order under this chapter, the commissioner may summarily issue:
(A) A cease and desist order under § 23-55-803; or
(B) An order to prohibit the person from continuing to engage in providing money services.
(b) [Repealed.]
(c)(1) An order to cease and desist becomes effective upon service of it upon the person.
(2) A hearing shall be held on the written request of the person aggrieved by the order to cease and desist if the request is received by the commissioner within thirty (30) days of the date of the entry of the order to cease and desist or if ordered by the commissioner.
(d) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to §§ 23-55-901 and 23-55-902 and the entry of a subsequent order by the commissioner to affirm, modify, or vacate the order.
(e) The commissioner may apply to the Pulaski County Circuit Court to:
(1) Temporarily or permanently enjoin an act or practice that violates this chapter or a rule or order under this chapter; or
(2) Enforce compliance with this chapter or a rule or order under this chapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-55-803. Orders to cease and desist.
(a) If the Securities Commissioner determines that a violation of this chapter or of a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or any other person is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the violation or cause insolvency or significant dissipation of assets of the licensee, the commissioner may issue a summary order requiring the licensee, authorized delegate, or any other person to cease and desist from the violation. The order becomes effective upon service of it upon the licensee, authorized delegate, or any other person.
(b) The commissioner may issue a summary order against a licensee to cease and desist from providing money services through an authorized delegate that is the subject of a separate order by the commissioner.
(c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to § 23-55-901 or § 23-55-902 and the entry of a subsequent order to affirm, modify, or vacate the order by the commissioner.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-55-803
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-55-803. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-55-901. Administrative proceedings.
All administrative proceedings under this chapter must be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-55-901
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-55-901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-55-902. Hearings.
(a) Except as otherwise provided in §§ 23-55-803 and 23-55-807, the commissioner may not suspend or revoke a license, issue an order to cease and desist, suspend or revoke the designation of an authorized delegate, or assess a civil penalty without notice and an opportunity to be heard.
(b) The commissioner shall also hold a hearing when requested to do so by an applicant whose application for a license is denied.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-55-902
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-55-902. This identifies an authority to review, not proof of applicability.