Cease and desist and penalty orders; judicial review.

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§431:13-201 Cease and desist and penalty orders; judicial review. (a) If, after the hearing, the commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall reduce the findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of the findings and an order requiring the person to cease and desist from engaging in the method of competition, act or practice. If the act or practice is a violation of section 431:13-103, the commissioner may, at the commissioner's discretion, order any one or more of the following:

(1) Payment of a fine of not more than $1,000 for each and every act or violation but not to exceed $10,000, unless the person knew or reasonably should have known that the person was in violation of section 431:13-103, in which case the fine shall be not more than $5,000 for each and every act or violation but not to exceed $50,000 in any six-month period.

(2) Suspension or revocation of the person's license, if the person knew or reasonably should have known that the person was in violation of section 431:13-103.

(b) Any person aggrieved by an order of the commissioner under this section may obtain judicial review of the order in the manner provided for by chapter 91. [L 1987, c 347, pt of §2; am L 2003, c 212, §106]


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