(a)By agreement. —At any time after it appears to the Director that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by Chapter 25 of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, or any other laws and regulations which the Division of Consumer Protection is authorized to enforce, the Director may issue a cease and desist order pursuant to an agreement with such person. Each such agreement may provide for:
(1)The immediate discontinuance of each practice set forth in the agreement;
(2)Any such relief, remedies, penalties, fines, or recoveries authorized by this chapter, including restitution, rescission, recoupment, or other relief appropriate to prevent violators from being unjustly enr
Free access — add to your briefcase to read the full text and ask questions with AI
(a)By agreement. —At any time after it appears to the Director that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by Chapter 25 of Title 6, Chapter 35 of Title 6, Chapters 51 through 67 of Title 25, Chapter 70 of Title 25, or any other laws and regulations which the Division of Consumer Protection is authorized to enforce, the Director may issue a cease and desist order pursuant to an agreement with such person. Each such agreement may provide for:
(1) The immediate discontinuance of each practice set forth in the agreement;
(2) Any such relief, remedies, penalties, fines, or recoveries authorized by this chapter, including restitution, rescission, recoupment, or other relief appropriate to prevent violators from being unjustly enriched; and
(3) Any other action deemed by the Director to be necessary to remedy such practice or practices.
(b)By administrative order. —Upon the finding of a violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, after notice and a hearing, the designated hearing officer may issue a cease and desist order against the violator. Such cease and desist order may provide for any relief as indicated in subsection (a) of this section above.
(c)By summary administrative order. —
(1) Where the Director in the Director’s discretion perceives an immediate threat to the public interest as a result of a violation of any provision of Chapter 25 of Title 6, or of any law or regulation the Division of Consumer Protection is charged to enforce, the Director may issue a summary cease and desist order ordering an immediate discontinuance of the unlawful practice identified in the order, which order must include findings of fact and conclusions of law sufficient to put the respondent on notice of the reasons for the issuance of the order. Before issuing the summary order, the Director or the Director’s designee shall attempt to obtain voluntary compliance from the alleged violator by letter or telephone call.
(2) The summary cease and desist order shall be served upon the alleged violator by first class and certified mail to the alleged violator’s last known address. Service shall be deemed effective upon mailing. Within 15 business days after the mailing of the summary order, the alleged violator may request, in writing, a hearing on the charges. A summary order that was not the subject of a hearing may not be appealed to the Superior Court.
(3) If the alleged violator makes a written request for a hearing, the Division of Consumer Protection shall provide a hearing on the charges within 15 business days after the receipt by the Director of Consumer Protection of the alleged violator’s written request for a hearing. A written order, containing findings of fact and conclusions of law, shall issue within 15 business days after the close of the hearing.
(4) If the alleged violator makes a written request for a hearing but none is provided within 15 business days after the receipt by the Director of Consumer Protection of the written request for a hearing, the summary order shall expire at the end of the fifteenth business day after the receipt by the Director of Consumer Protection of the written request for a hearing unless the alleged violator waives that alleged violator’s right to a prompt hearing by agreeing to a hearing at a later date. If the alleged violator makes a written request for a hearing and one is provided within 15 business days of the receipt by the Director of Consumer Protection of the written request, but no order is issued within 15 business days after the close of the hearing, the summary order shall expire at the end of the fifteenth business day after the close of the hearing, unless the alleged violator agrees to be bound by the summary order until a later date. An order that has expired in accordance with the restrictions of this paragraph may not be reissued as a summary order.
(5) The order issued after the hearing may provide for any administrative remedy contained in § 2524 of this title. Any person aggrieved by the order issued after the hearing shall have 30 days to appeal the order to the Superior Court, as provided in § 2523(d) of this title.
(6) Any person who wilfully violates a cease and desist order may be sanctioned as provided in § 2524(b) or § 2526 of this title.