13-05-06.1. Suspension and removal of collection agency officers or employees

13-05-06.1. Suspension and removal of collection agency officers or employees 1. The commissioner of financial institutions may issue and serve upon any current or former collection agency officer or employee and upon the collection agency involved an order stating: a. That the current or former officer or employee is willfully engaging or has willfully engaged in any of the following conduct: (1) Violating any law, rule, order, or written agreement with the commissioner. (2) Engaging in any harassment or abuse, the making of false or misleading representations, or engaging in unfair practices involving collection activity. (3) Performing any act of commission or omission or practice which is a breach of trust or a breach of fiduciary duty. b. The term of the suspension or removal from employment and participation within the conduct or the affairs of a collection agency. 2. The order must contain a notice of opportunity for hearing pursuant to chapter 28-32. 3. If no hearing is requested within twenty business days of the date the order is served, or if a hearing is held and the commissioner finds that the record so warrants, the commissioner may enter a final order suspending or removing the current or former officer or employee. The current or former officer or employee shall have the opportunity to request a termination of the final order after a period of no less than three years. 4. A contested or default suspension or removal order is effective immediately upon service of the final order on the current or former officer or employee and upon the collection agency. A consent order is effective as agreed. Any current or former officer or employee suspended or removed from employment and participation within the conduct or the affairs of a collection agency pursuant to this section is not eligible, while under suspension or removal, to be employed or otherwise participate in the affairs of any financial corporation, financial institution, credit union, or any other entity licensed by the department of financial institutions. 5. When any current or former officer or employee, or other person participating in the conduct of the affairs of a collection agency is charged with a felony in state or federal court which involves dishonesty or breach of trust, the commissioner may immediately suspend the person from office or prohibit the person from any further participation in the collection agency's affairs, or both. The order is effective immediately upon service of the order on the collection agency and the person charged and remains in effect until the criminal charge is finally disposed of or until modified by the commissioner. If a judgment of conviction, federal pretrial diversion, or similar state order or judgment is entered, the commissioner may order that the suspension or prohibition be made permanent. A finding of not guilty or other disposition of the charge does not preclude the commissioner from pursuing administrative or civil remedies. 6. Under this section, a person engages in conduct "willfully" if the person acted intentionally in the sense that the person was aware of what the person was doing.