§ 2115. Penalties
(a) The Commissioner may:
(1) impose an administrative penalty of not more than $10,000.00, plus the State’s cost
and expenses of investigating and prosecution of the matter, including attorney’s
fees, for each violation upon any person who violates or participates in the violation
of this part; chapter 200 of this title; 9 V.S.A. chapter 4, 59, or 61; or any lawful rule adopted, or directive or order issued, pursuant to those sections;
and
(2) order any person to make restitution to another person for a violation of this part,
chapter 200 of this title, or 9 V.S.A. chapter 4, 59, or 61.
(b) Each violation, or failure to comply with any directive or order of the Commissioner,
is a separate and distinct violation.
(c) It shall be a criminal offense, punishable by a fine of not more than $100,000.00,
or not more than a year in prison, or both, for any person, after receiving an order
that directs the person to cease exercising the duties and powers of a licensee and
imposes an administrative penalty under this part, to perform the duties or exercise
the powers of a licensee until the penalty has been satisfied, or otherwise satisfactorily
resolved between the parties, or the order is vacated by the Commissioner or by a
court of competent jurisdiction.
(d) It shall be a criminal offense, punishable by a fine of not more than $10,000.00 or
imprisonment of not more than three years in prison, or both, for any person to intentionally
make a false statement, misrepresentation, or false certification in a record filed
or required to be maintained by this part, or to intentionally make a false entry
or omit a material entry in such a record, or to knowingly engage in any activity
for which a license is required under this chapter without being licensed under this
chapter.
(e)(1) A loan contract made in knowing and willful violation of subdivision 2201(a)(1) of this title is void, and the lender shall not collect or receive any principal, interest, or
charges; provided, however, in the case of a loan made in violation of subdivision 2201(a)(1) of this title, where the Commissioner does not find a knowing and willful violation, the lender
shall not collect or receive any interest or charges, but may collect and receive
principal.
(2) If a person who receives an order that directs the person to cease exercising the
duties and powers of a licensee and imposes an administrative penalty under this part
continues to perform the duties or exercise the powers of a licensee without satisfying
the penalty, or otherwise reaching a satisfactory resolution between the parties,
or securing a decision vacating the order by the Commissioner or by a court of competent
jurisdiction, a loan contract made by the person after receipt of such order is void
and the lender shall not collect or receive any principal, interest, or charges.
(f) The powers vested in the Commissioner in this part are in addition to any other powers
to enforce penalties, fines, or forfeitures authorized by law.
(g) This section does not limit the power of the State to punish a person for conduct
that otherwise constitutes a crime under Vermont law. (Added 2019, No. 20, § 2; amended 2019, No. 103 (Adj. Sess.), § 9; 2023, No. 110 (Adj. Sess.), § 36, eff. July 1, 2024.)