(1) A savings bank, director, officer, employee, or controlling person who knowingly fails to comply with the laws relating to savings banks or is found to have knowingly violated or failed to comply with any final or summary cease-and-desist order issued under section 1163.03 of the Revised Code may be ordered to forfeit and pay a civil penalty in an amount fixed by the superintendent of savings banks. The amount of the penalty shall be not more than ten thousand dollars for each day the noncompliance continues. In determining whether a civil penalty is appropriate and fixing the amount of a civil penalty, the superintendent shall consider all of the following factors:
(a) The seriousness of the noncompliance and the gravity of the risk occasioned by the noncompliance;
(b) The good faith efforts made by the savings bank or individual to perform his or its obligations under or otherwise to comply with the order;
(c) The history of previous violations or unsafe or unsound practices by the savings bank or individual that resulted in the service of a notice under division (A)(1) of section 1163.03 of the Revised Code;
(d) The financial resources of the savings bank or individual against whom the penalty is being assessed;
(e) Any other matters as justice may require.
(2) An individual is personally liable for the payment of any civil penalty that is assessed against him under division (A)(1) of this section. No savings bank that employs an individual, or of which an individual is a director, officer, or controlling person, shall pay, or cause to be paid, on behalf of the individual, or indemnify or otherwise reimburse the individual for paying, any civil penalty that has been assessed against that individual.
(B) Forfeitures required under division (A)(1) of this section shall be recovered by an action in the name of the state.
Cite as R.C. § 1163.21
History. Effective Date: 10-23-1991