58-3312. Cease and desist orders; hearings.
58-3312
58-3312. Cease and desist orders; hearings.(a) If the commissioner determines after notice and hearingin accordance with the provisions of theKansas administrative procedure act that aperson has:
(1) Violated any provision of this act;
(2) directly or through an agent or employee knowingly engaged in anyfalse, deceptive, or misleading advertising, promotional, or sales methodsto offer or dispose of an interest in subdivided lands;
(3) made any substantial change in the plan of disposition anddevelopment of the subdivided lands subsequent to the order of registrationwithout obtaining prior written approval from the commissioner;
(4) disposed of any subdivided lands which have not been registered withthe commissioner; or
(5) violated any lawful order or rule of the commissionerthe commissioner may issuean order requiring the person to cease and desist from the unlawfulpractice and to take such affirmative action as in the judgment of thecommissioner will carry out the purposes of this act.
(b) If the commissioner determines that thepublic interest will be irreparably harmed by delay in issuing an order,the commissionermay issue a temporary cease and desist orderin accordance with the provisions for emergency adjudicativeproceedings contained in K.S.A. 77-536 and amendments thereto.Every temporary cease anddesist order shall include in its terms a provision that upon request ahearing will be held promptly to determine whether or not it becomespermanent.
History: L. 1967, ch. 311, § 12; L. 1976, ch. 241, § 11;L. 1988, ch. 356, § 177; July 1, 1989.