Procedure for enforcement -- Notice of agency action -- Cease and desist order -- Enforcement -- Judicial review.

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  • (1)
    • (a) Whenever the department has reason to believe that a person has, or is, engaged in the violation of this chapter, it shall issue a notice of agency action.
    • (b) If the commissioner, or a hearing officer designated by the commissioner, determines by a preponderance of the evidence that any person named in the complaint has engaged, or is engaging, in an act that violates this chapter, the officer shall:
      • (i) prepare written findings of fact; and
      • (ii) issue an order requiring the person to cease and desist from the illegal activity.
  • (2) The department may petition any court of competent jurisdiction for enforcement of its cease and desist order.
  • (3) Any person who is subject to a cease and desist order may obtain judicial review.
  • (4) The attorney general's office shall represent the department in any original action or appeal begun under this section.




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