Section 106 – Procedure for enforcement — Notice of agency action — Cease and desist order — 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, determines by a preponderance of the evidence that any person named in the complaint has engaged, or is engaging, 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 of its 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 or appeal begun under this section.

Renumbered and Amended by Chapter 345, 2017 General Session