57-11-13 - Enforcement powers of division -- Cease and desist orders.
57-11-13. Enforcement powers of division -- Cease and desist orders.
(1) (a) If the director has reason to believe that any person has been or is engaging inconduct violating this chapter, or has violated any lawful order or rule of the division, thedirector shall issue and serve upon the person a cease and desist order and may also order theperson to take such affirmative actions the director determines will carry out the purposes of thischapter.
(b) The person served may request an adjudicative proceeding within 10 days afterreceiving the order.
(c) The cease and desist order remains in effect pending the hearing.
(d) The division shall follow the procedures and requirements of Title 63G, Chapter 4,Administrative Procedures Act, if the person served requests a hearing.
(2) (a) After the hearing the director may issue an order making the cease and desistorder permanent if the director finds there has been a violation of this chapter.
(b) If no hearing is requested and the person served does not obey the director's order, thedirector shall file suit in the name of the Department of Commerce and the Division of RealEstate to enjoin the person from violating this chapter. The action shall be filed in the districtcourt in the county in which the conduct occurred or where the person resides or carries onbusiness.
(3) The remedies and action provided in this section may not interfere with or prevent theprosecution of any other remedies or actions including criminal prosecutions.
Amended by Chapter 382, 2008 General Session