§ 23-2-4-23 — Violations; cease and desist orders; actions for injunctive relief

Indiana § 23-2-4-23

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 2: SECURITIES AND FRANCHISES
• Ch. 4: Supervision of Continuing Care Contracts

Text

(a) If the commissioner determines, after
notice and hearing, that any person has violated any provision of this
chapter or any rule or order issued under this chapter, the
commissioner may issue an order requiring the person to cease and
desist from the unlawful practice or to take such affirmative action as
in the judgment of the commissioner will carry out the purposes of this
chapter.
(b) If the commissioner makes a finding of fact in writing that the
public interest will be irreparably harmed by delay in issuing a cease
and desist order, the commissioner may issue a temporary cease and
desist order which shall include in its terms a provision that, upon
request, a hearing shall be held within ten (10) days of such request to
determine whether the order becomes permanent. A temporary cease
and desist order shall be served on the person subject to it by certified
mail, return receipt requested.
(c) If it appears that a person has engaged in an act or practice
constituting a violation of any provision of this chapter or of a rule or
order issued under this chapter, the commissioner may, with or without
prior administrative proceedings, bring an action in the circuit court,
superior court, or probate court to enjoin such acts or practices or to
enforce compliance with this chapter or any rule or order issued under
this chapter. Upon proper showing, injunctive relief or temporary
restraining orders shall be granted. The commissioner shall not be
required to post a bond in any court proceeding.
As added by Acts 1982, P.L.145, SEC.1. Amended by
P.L.84-2016, SEC.99.