KRS 286.8-190: Grounds for investigation -- Action commissioner may take after

investigation.

(1) The commissioner may investigate either upon complaint or otherwise when it

appears that any person is conducting business in an unsafe and injurious manner or

otherwise is in violation of this subtitle, or any rule or order hereunder, or when it

appears that any person is engaging in the mortgage loan business without being

licensed or registered, or legally exempted from licensing or registration, under the

provisions of this subtitle.

(2) If it appears to the commissioner upon sufficient grounds or evidence satisfactory to

the commissioner that any person has engaged in or is about to engage in any

practice in violation of this subtitle or any rule or order hereunder , or that person's

mortgage loan business affairs are in an unsafe condition, the commissioner may:

(a) Order the person to cease and desist from the acts or practices by a formal

written order delivered to the person stating any alleged violation. The ord er

shall specify the effective date thereof, and notice of entry shall be served

personally or sent by certified mail to the last known address of the person

affected. The person, upon written application, shall be entitled to a hearing;

but if a written a pplication for a hearing is not timely received by the

commissioner within twenty (20) days after the certified mailing or personal

delivery of the order, it shall be made final and shall remain in effect until

withdrawn by the commissioner or terminated by a court order; and

(b) Apply directly to Franklin Circuit Court, or any court of competent

jurisdiction, to enjoin any acts or practices in violation of this subtitle and to

enforce compliance with this subtitle or any rule or order hereunder. Upon

proper showing, a permanent or temporary injunction, restraining order, or

writ of mandamus shall be granted and a receiver or conservator may be

appointed for the defendant or the defendant's assets. The commissioner shall

not be required to post a bond.