§ 35-77-108 — Cease-and-desist orders

(1) (a) The commissioner may issue an
order to cease and desist from violating this article 77 if the commissioner
determines, based upon credible evidence, that:

(I) A person is violating this article 77 or a rule adopted under this article 77;
or

(II) A person is violating section 35-77-104.

(b) To issue a cease-and-desist order, the commissioner must set forth in the
order the statutes or rules alleged to have been violated, the facts alleged to
constitute the violation, and a requirement that the alleged violations cease and
desist.

(c) To protest a cease-and-desist order, a person must request within thirty
days after the date of the order a hearing on the question of whether the person has
violated this article 77 or a rule adopted under this article 77. If so requested, the
commissioner shall hold a hearing.

(2) A person aggrieved by a cease-and-desist order that has become final
may seek judicial review of the order.

(3) (a) If a person fails to comply with a cease-and-desist order within
twenty-four hours after being served with the order, the commissioner may bring a
suit for a temporary restraining order and injunctive relief to prevent any further
violation of this article 77 or a rule adopted under this article 77.

(b) If the subject of a cease-and-desist order requests that the cease-and-desist order be stayed pending an approval of the order, a court shall not stay the
cease-and-desist order until after a hearing has been held at which both parties
have had an opportunity to appear.

(c) A court shall give preference to matters brought before the court under
this section over other matters on the calendar of the court.

Legislative History

Source: L. 2019: Entire article added, (HB 19-1114), ch. 74, p. 273, � 2, effective August 2.