| | | 3.__Disciplinary penalties, licensees.__If the administrator | | finds that the order is in the public interest and subsection 4, | | paragraphs A to F, H, I and J or paragraphs L and M authorize the | | action, an order under this chapter may censure, impose a bar on | | or impose a civil penalty in an amount not to exceed a maximum of | | $5,000 per violation on a licensee and, if the licensee is a | | broker-dealer or investment adviser, any partner, officer, | | director or person having a similar status or performing similar | | functions, or any person directly or indirectly in control, of | | the broker-dealer or investment adviser. |
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| | | 4.__Grounds for discipline.__A person may be disciplined under | | subsections 1 to 3 if the person: |
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| | | A.__Has filed an application for licensing in this State | | under this chapter or the predecessor act within the | | previous 10 years that, as of the effective date of | | licensing or as of any date after filing in the case of an | | order denying effectiveness, was incomplete in any material | | respect or contained a statement that, in light of the | | circumstances under which it was made, was false or | | misleading with respect to a material fact; |
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| | | B.__Intentionally or knowingly violated or intentionally or | | knowingly failed to comply with this chapter or the | | predecessor act or a rule adopted or order issued under this | | chapter or the predecessor act within the previous 10 years; |
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| | | C.__Has pleaded guilty or nolo contendere to or been | | convicted of murder or a Class A, B or C crime or a felony | | or within the previous 10 years has pleaded guilty or nolo | | contendere to or been convicted of a Class D or E crime or a | | misdemeanor involving a security, a commodity future or | | option contract or an aspect of a business involving | | securities, commodities, investments, franchises, insurance, | | banking or finance or any crime indicating a lack of fitness | | to engage in the securities business; |
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| | | D.__Is enjoined or restrained by a court of competent | | jurisdiction in any action from engaging in or continuing an | | act, practice or course of business involving an aspect of a | | business involving securities, commodities, investments, | | franchises, insurance, banking or finance; |
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| | | E.__Is the subject of an order, issued after notice and | | opportunity for hearing by: |
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| | | (1) The securities or other financial services regulator of a | | state or by the Securities and Exchange Commission, a self- | | regulatory organization or other |
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