1.    The commissioner may suspend or revoke a license or order a licensee to revoke the designation of an authorized delegate if:

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Terms Used In North Dakota Code 13-09.1-36

  • Fraud: Intentional deception resulting in injury to another.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.

a.    The licensee violates this chapter or a rule adopted or an order issued under this chapter; b.    The licensee does not cooperate with an examination or investigation by the commissioner; c.    The licensee engages in fraud, intentional misrepresentation, or gross negligence; d.    An authorized delegate is convicted of a violation of a state or federal anti-money laundering statute, or violates a rule adopted or an order issued under this chapter, as a result of the licensee’s willful misconduct or willful blindness; e. The competence, experience, character, or general fitness of the licensee, authorized delegate, person in control of a licensee, key individual, or responsible person of the authorized delegate indicates that it is not in the public interest to permit the person to provide money transmission; f.    The licensee engages in an unsafe or unsound practice; g.    The licensee is insolvent, suspends payment of its obligations, or makes a general assignment for the benefit of its creditors; or

h.    The licensee does not remove an authorized delegate after the commissioner issues and serves upon the licensee a final order, including a finding that the authorized delegate has violated this chapter.

2.    In determining whether a licensee is engaging in an unsafe or unsound practice, the commissioner may consider the size and condition of the licensee’s money transmission, the magnitude of the loss, the gravity of the violation of this chapter, and the previous conduct of the person involved.