Gillman v. Department of Financial Institutions

I dissent.

The thesis of the majority states:

[T]he only sanction the Department can impose on a licensed financial institution for misconduct of any kind is to suspend or revoke the financial institution’s operating license. Because section 63-30-10(3) immunizes any injuries arising out of, inter alia, “the failure or refusal to issue, deny, suspend, or revoke, any ... license, certificate, approval, order, or similar authorization,” any injury resulting from a Department action or inaction ultimately results from a failure to suspend or revoke Credit’s license, an immune act.

Majority op. at…