§ 25-1-7-14 — Cease and desist orders

(a) Notwithstanding any other law, if the
board of a regulated occupation believes that a person who is not
licensed, certified, or registered under this title is engaged in or is
believed to be engaged in activities for which a license, certification,
or registration is required under this title, the board may do the
following:
(1) File a complaint with the attorney general, who shall
investigate and may file:
(A) with notice; or
(B) without notice, if the attorney general determines that the
person is engaged in activities that may affect an individual's
health or safety;
a motion for a cease and desist order with the appropriate board.
For purposes of this subdivision, the board may designate a board
member or an employee of the Indiana professional licensing
agency to act on behalf or in the name of the board.
(2) Upon review of the attorney general's motion for a cease and
desist order, the board may issue an order requiring the affected
person to show cause why the person should not be ordered to
cease and desist from such activities. The show cause order must
set forth a time and place for a hearing at which the affected
person may appear and show cause as to why the person should
not be subject to licensing, certification, or registration under this
title. For purposes of this subdivision, the board may designate a
board member to act on behalf or in the name of the board.
(b) If the board, after a hearing, determines that the activities in
which the person is engaged are subject to licensing, certification, or
registration under this title, the board may issue a cease and desist
order that must describe the person and activities that are the subject
of the order.
(c) A hearing conducted under this section must comply with the
requirements under IC 4-21.5.
(d) A cease and desist order issued under this section is enforceable
in the circuit or superior courts. A person who is enjoined under a
cease and desist order and who violates the order shall be punished for
contempt of court.
(e) A cease and desist order issued under this section does not
relieve any person from prosecution under any other law.
(f) In addition to the powers specified in subsections (a) through (e),
the state board of funeral and cemetery service may:
(1) file complaints under subsection (a)(1);
(2) issue show cause orders under subsection (a)(2); and
(3) hold hearings and issue cease and desist orders under
subsection (b);
in relation to persons who are engaged in or believed to be engaged in
activities for which a certificate of authority is required under IC 30-2-13.
(g) Cease and desist orders may be issued by the state board of
funeral and cemetery service under subsection (f) for failure to possess
a certificate of authority even if the person has a valid:
(1) funeral home license;
(2) funeral director license;
(3) embalmer license; or
(4) cemetery registration.
(h) A cease and desist order issued under this section by a board
defined in IC 25-1-11-1 may also include an order for the person to pay
consumer restitution to a person who suffered damages as a result of
the activities that were the basis for the cease and desist order.
(i) A cease and desist order issued under this section may also
include an order for repayment of the costs of the proceedings. The
person's ability to pay must be considered when costs are assessed.
These costs are limited to costs for the following:
(1) Court reporters.
(2) Transcripts.
(3) Certification of documents.
(4) Photo duplication.
(5) Witness attendance and mileage fees.
(6) Postage.
(7) Expert witnesses.
(8) Depositions.
(9) Notarizations.
(10) Administrative law judges.
(11) Real estate review appraisals.

Legislative History

As added by P.L.84-2010, SEC.13. Amended by P.L.155-2011, SEC.9; P.L.134-2013, SEC.2.