Violation of Title 10, Chapter 9, VIC

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  • (a) Whenever the Commissioner receives a written complaint under oath pursuant to the provisions of Title 10, section 159, VIC, he shall, within 72 hours from receipt of such written complaint:

    • (1) set a date for a hearing on the matters alleged in the written complaint;

    • (2) serve on the person or entity charged in such written complaint, by registered or certified mail, a copy of such written complaint along with a written notice specifying the date, time and location of the hearing;

    • (3) serve on the blind person submitting the written complaint, by registered or certified mail, a written notice specifying the date, time and location of the hearing; and

    • (4) commence an investigation of the matters alleged in the written complaint; provided, that the date set by the Commissioner for any hearing shall be no earlier than 10 days and no later than 30 days from the date of receipt of the written complaint by the Commissioner.

  • (b) Any person or entity charged in a written complaint may file with the Commissioner in person or by registered or certified mail a written answer, under oath, to the complaint and the Commissioner shall furnish a copy of such written answer to the person filing the complaint.

  • (c) The Commissioner shall conduct a hearing on the date, and at the time and location, specified in the written notice provided for in subsection (a) of this section. The person or a representative of an entity charged in the written complaint shall have the right to appear at the hearing with or without counsel, may examine and cross-examine witnesses and the person submitting the written complaint and may offer evidence. The person submitting the written complaint may intervene, examine and cross-examine witnesses and present evidence. In the discretion of the Commissioner, any party in interest may intervene, examine and cross-examine witnesses and present evidence.

  • (d) Following the completion of a hearing pursuant to subsection (c) of this section, the Commissioner shall state his findings of fact and conclusions of law and shall, if he determines that a violation of the type specified in Title 10, section 159, VIC, has occurred, issue an order requiring the person or entity charged in the written complaint to cease and desist and issue such appropriate orders as in the judgment of the Commissioner will carry out the purposes of Title 10, chapter 9, VIC.

  • (e) Any person who willfully violates an order of the Commissioner issued pursuant to the provisions of subsection (d) of this section, shall be guilty of a misdemeanor, and shall be punishable by a fine of not less than $500 and not more than $1,000 or by imprisonment for not more than sixty days, or both.

  • (f) In carrying out the provisions of this section, the Commissioner shall have the authority to issue subpoenas for the attendance and testimony of witnesses or the production of written or other matter.

  • (g) The Commissioner shall have the authority to issue any rules and regulations necessary to carry out the provisions of this section.

  • (h) Any person, upon the failure of the Commissioner to act on any written complaint within the time limits prescribed in this section, may bring an action as provided in Title 10, section 158, subsection (b), VIC.


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