50-1129. Same; cease and desist orders; civil fines.
50-1129
50-1129. Same; cease and desist orders; civilfines.(a) If the commissioner determines after notice andopportunity for a hearingpursuant to the Kansasadministrative procedure act that any person has engaged, is engaging or isabout to engage in any actor practice constituting a violation of any provision of this act or any ruleand regulation promulgated or order issued thereunder, the commissioner byorder may require any or all of the following:
(1) That the person cease and desist from the unlawful act or practice;
(2) that the person pay a fine not to exceed $10,000 per incident for theunlawful act or practice;
(3) that the person take such affirmative action as in the judgment of thecommissioner willcarry out the purposes of this act; or
(4) that the person be barred from subsequently applying for registrationunder this act.
(b) If the commissioner makes written findings of fact that the publicinterest will be irreparablyharmed by delay in issuing an order under subsection (a), the commissioner mayissue an emergencycease and desist order.
(1) Such emergency order, even when not an order within the meaning of K.S.A.77-502, andamendments thereto, shall be subject to the same procedures as an emergencyorder issuedunder K.S.A. 77-536, and amendments thereto.
(2) Upon the entry of such an emergency order, the commissioner shallpromptly notify theperson subject to the order that it has been entered, of the reasons, and thata hearing will beheld upon written request by the person.
(3) If the person requests a hearing, or in the absence of any request, ifthe commissionerdetermines that a hearing should be held, the matter will be set for a hearingwhich shall beconducted in accordance with the provisions of the Kansas administrativeprocedure act.Upon completion of the hearing the commissioner shall, by written findings offact andconclusions of law vacate, modify or make permanent the emergency order.
(4) If no hearing is requested and none is ordered by the commissioner, theemergency ordershall remain in effect until such order is modified or vacated by thecommissioner.
History: L. 2004, ch. 22, § 14; July 1.