§ 61-2c-403. Cease and desist orders.

(1)

(a) The director may issue and serve by certified mail, or by personal service, on a person an order to cease and desist from an act if:

(i) the director has reason to believe that the person has been engaged, is engaging in, or is about to engage in the act constituting a violation of this chapter; and

(ii) it appears to the director that it would be in the public interest to stop the act.

(b) Within 10 days after service of the order, the party named in the order may request a hearing to be held in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(c) Pending a hearing requested under Subsection (1)(b), a cease and desist order shall remain in effect.

(2)

(a) After the hearing described in Subsection (1), if the director finds that an act of the person violates this chapter, the director:

(i) shall issue an order making the cease and desist order permanent; and

(ii) may impose another disciplinary action under Section 61-2c-402.

(b)

(i) The director may file suit in the name of the division to enjoin and restrain a person on whom an order is served under this section from violating this chapter if:

(A)

(I) the person does not request a hearing under Subsection (1); or

(II) a permanent cease and desist order is issued against the person following a hearing or stipulation; and

(B)

(I) the person fails to cease the act; or

(II) after discontinuing the act, the person again commences the act.

(ii) The suit described in Subsection (2)(b)(i) shall be filed in the district court in the county:

(A) in which the act occurs;

(B) where the individual resides; or

(C) where the individual or entity carries on business.

(3) The cease and desist order issued under this section may not interfere with or prevent the prosecution of a remedy or action enforcement under this chapter.

(4) An individual who violates a cease and desist order issued under this section is guilty of a class A misdemeanor.

Amended by Chapter 372, 2009 General Session