Hearings on cease and desist orders

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23-237. Hearings on cease and desist orders

A. A cease and desist order issued by the commission shall become final upon the expiration of the time during which a request for a hearing may be made pursuant to section 23-236 unless the person or persons named in such order have made a timely request for a hearing before the commission. The commission may refer the request for hearing to an administrative law judge for the conduct of the hearing. If a hearing is requested, the hearing shall be held thirty days from receipt of the request unless such time is extended by the commission or the administrative law judge to which it is assigned. Written notice of the time and place of the hearing shall be sent by the commission or the administrative law judge to the person or persons requesting the hearing at least fifteen days before the hearing. Such hearing shall be conducted pursuant to title 41, chapter 6, article 6.

B. If the commission, after the hearing, determines that the act or acts set forth in the cease and desist order constitute a violation of any provision of this article or of the rules adopted pursuant to this article, the commission shall affirm or modify the order accordingly.

C. The order issued by the commission after the hearing is final unless within thirty days after the date of mailing of a copy of such order to the person named in the order such person applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The order shall contain a statement of this right of appeal.


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