(1) (a) The commissioner may issue an order to cease and desist from violating this article 77 if the commissioner determines, based upon credible evidence, that:
(I) A person is violating this article 77 or a rule adopted under this article 77; or (II) A person is violating section 35-77-104.
To issue a cease-and-desist order, the commissioner must set forth in the order thestatutes or rules alleged to have been violated, the facts alleged to constitute the violation, and a requirement that the alleged violations cease and desist.
To protest a cease-and-desist order, a person must request within thirty days after thedate of the order a hearing on the question of whether the person has violated this article 77 or a rule adopted under this article 77. If so requested, the commissioner shall hold a hearing.
A person aggrieved by a cease-and-desist order that has become final may seek judicial review of the order.
(a) If a person fails to comply with a cease-and-desist order within twenty-four hours after being served with the order, the commissioner may bring a suit for a temporary restraining order and injunctive relief to prevent any further violation of this article 77 or a rule adopted under this article 77.
If the subject of a cease-and-desist order requests that the cease-and-desist order bestayed pending an approval of the order, a court shall not stay the cease-and-desist order until after a hearing has been held at which both parties have had an opportunity to appear.
A court shall give preference to matters brought before the court under this sectionover other matters on the calendar of the court.
Source: L. 2019: Entire article added, (HB 19-1114), ch. 74, p. 273, § 2, effective August 2.