Wyoming Administrative Code › Agency 021 - Audit, Dept. of › Sub-Agency 0002 - Banking Division › Chapter 10 - ORDERS AND PETITIONS › Section 10-2 - Special Definitions

Current through July 13, 2024
(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.