4-8-6 - Procedure for enforcement -- Notice of agency action -- Cease and desist order -- Enforcement -- Judicial review.
4-8-6. Procedure for enforcement -- Notice of agency action -- Cease and desistorder -- Enforcement -- Judicial review.
(1) (a) Whenever the department has reason to believe that a person has, or is engaged in,the violation of this chapter, it shall issue a notice of agency action.
(b) If the commissioner, or a hearing officer designated by the commissioner, determinesby a preponderance of the evidence that any person named in the complaint has engaged, or isengaging, in an act that violates this chapter, the officer shall:
(i) prepare written findings of fact; and
(ii) issue an order requiring the person to cease and desist from the illegal activity.
(2) The department may petition any court of competent jurisdiction for enforcement ofits cease and desist order.
(3) Any person who is subject to a cease and desist order may obtain judicial review.
(4) The attorney general's office shall represent the department in any original action orappeal begun under this section.
Amended by Chapter 161, 1987 General Session