Administrative proceedings

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  • (a) Whenever the Commissioner has reason to believe that a violation of any provision of this chapter, or of any rule or regulation promulgated thereunder, or of any order issued pursuant to the provisions of this chapter has occurred, the Commissioner may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter, rule or regulation, or order alleged to be violated, the facts alleged to constitute a violation thereof, and may include any order for necessary corrective action and any penalty assessed pursuant to section 680 of this chapter. An order for corrective action is effective upon issuance. Any person named therein may request in writing, within 15 days after receipt of the notice or order, a hearing before the Commissioner. The request does not act as a stay of the Commissioner's order unless so ordered and directed by the Commissioner or by a Court of competent jurisdiction.

  • (b) The Commissioner shall afford an opportunity for a hearing to the alleged violator at a time and place designated by the Commissioner. On the basis of the evidence produced at the hearing, the Commissioner, shall make findings of fact and conclusions of law and enter such order as in his opinion will best further the purposes of this chapter. The Commissioner, before entering his order on the basis of the record and recommendations, shall provide an opportunity to the parties to submit for consideration exceptions to the recommended findings of facts and conclusions of law and supporting reasons for such exceptions. The parties shall submit written exceptions within 10 days after the hearing. Written notice of such order shall become final and binding on all parties unless appealed to the appropriate court as provided for in section 676 of the chapter.

  • (c) Any person who has had a certificate, license, or registration denied, modified, suspended, or revoked shall be afforded an opportunity for a hearing pursuant to the provisions of this section upon written application to the Commissioner within 30 days after receipt of notice from the Commissioner of such denial, modification, suspension or revocation.

  • (d) The Commissioner may provide an expedited hearing to an aggrieved party, if specifically requested by the alleged violator and if circumstances so warrant.

  • (e) The Commissioner may prescribe rules and regulations as are necessary for the lawful and orderly transaction of proceedings and hearings pursuant to the provisions of this chapter.

  • (f) The Commissioner may order testimony to be taken by deposition in any proceedings pending before him. Any person may be compelled to appear, testify and produce papers or documents in the same manner and consistent with same rules as witnesses may be compelled to appear, testify, and produce documentary evidence before the Superior Court.


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