Title 25, Chapter 11, Section 16
( 25-11-16)
(a) Whenever the Commissioner shall have reason to believe that any
individual is or has been violating any provisions of this chapter,
the Commissioner, his or her deputy, his or her assistant, or other
designated persons may issue and deliver to the individual an order
to cease and desist such violation. (b) Violation of any provision of this chapter or failure to comply
with a cease and desist order is cause for revocation of any or all
certificates and licenses issued by the Commissioner for a period of
not less than six months and not to exceed five years. If a new
certificate or license has been issued to the person so charged, the
order of revocation shall operate effectively with respect to such
new certificates and licenses held by such person. Decisions under
this subsection may be appealed as provided by law. (c) Any person who violates this chapter or any rule, regulation, or
order issued by the Commissioner under this chapter shall be subject
to a civil penalty imposed by the Commissioner of not more than
$1,000.00 for a first offense, not less than $1,000.00 and not more
than $2,000.00 for a second offense, and not less than $2,000.00 or
more than $5,000.00 for a third or subsequent offense for each day a
violation persists after such person is notified of the
Commissioner's intent to impose such penalty and the right to a
hearing with respect to same. (d) Any order shall contain or be accompanied by a notice of
opportunity for hearing which may provide that a hearing will be
held if and only if a person subject to the order requests a hearing
within ten days of receipt of the order and notice. The order and
notice shall be served by delivery by the Commissioner or his or her
agent or by registered or certified mail or statutory overnight
delivery, return receipt requested. Any person who fails to comply
with any order under this subsection is guilty of a misdemeanor and
may be punished by law. |