§ 5-20.5-28 - Order to cease unsafe practices – Appeal.
SECTION 5-20.5-28
§ 5-20.5-28 Order to cease unsafepractices – Appeal. – If the department of business regulation has reason to believe that any person,firm, or corporation or association is conducting any activities requiringlicensure under this chapter without obtaining a license, or who after thedenial, suspension or revocation of a license conducts any activities requiringlicensure under this chapter, the department may issue its order to thatperson, firm, corporation or association commanding them to appear before thedepartment at a hearing to be held not sooner than ten (10) days nor later thantwenty (20) days after issuance of that order to show cause why the departmentshould not issue an order to that person to cease and desist from the violationof the provisions of this chapter. The order to show cause may be served on anyperson, firm, corporation or association named in the order in the same mannerthat a summons in a civil action may be served, or by mailing a copy of theorder, certified mail, return receipt requested, to that person at any addressat which he or she has done business or at which he or she lives. If upon thathearing the department is satisfied that the person is in fact violating anyprovision of this chapter, then the department may order that person, inwriting, to cease and desist from that violation. All hearings shall begoverned in accordance with the Administrative Procedures Act, chapter 35 oftitle 42. If that person fails to comply with an order of the department afterbeing afforded a hearing, the superior court in the county where the land orreal estate is located has jurisdiction upon complaint of the department torestrain and enjoin that person from violating this chapter.