(1) (a) If the director believes that a person has been or is engaging in conduct that violates this chapter, the director: (i) shall issue and serve upon the person a cease and desist order; and (ii) may order the person to take any action necessary to carry out the purposes of this chapter. (b) (i) A person served with an order under Subsection (1)(a) may request a hearing within 10 days after the day on which the person is served. (ii) (A) If a person requests a hearing in accordance with Subsection (1)(b)(i), the director shall schedule a hearing to take place no more than 30 days after the day on which the director receives the request. (B) The cease and desist order remains in effect pending the hearing. (iii) If the director fails to schedule a hearing in accordance with Subsection (1)(b)(ii)(A), the cease and desist order is vacated. (c) The division shall conduct a hearing described in Subsection (1)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(a) If the director believes that a person has been or is engaging in conduct that violates this chapter, the director: (i) shall issue and serve upon the person a cease and desist order; and (ii) may order the person to take any action necessary to carry out the purposes of this chapter.
(i) shall issue and serve upon the person a cease and desist order; and
(ii) may order the person to take any action necessary to carry out the purposes of this chapter.
(b) (i) A person served with an order under Subsection (1)(a) may request a hearing within 10 days after the day on which the person is served. (ii) (A) If a person requests a hearing in accordance with Subsection (1)(b)(i), the director shall schedule a hearing to take place no more than 30 days after the day on which the director receives the request. (B) The cease and desist order remains in effect pending the hearing. (iii) If the director fails to schedule a hearing in accordance with Subsection (1)(b)(ii)(A), the cease and desist order is vacated.
(i) A person served with an order under Subsection (1)(a) may request a hearing within 10 days after the day on which the person is served.
(ii) (A) If a person requests a hearing in accordance with Subsection (1)(b)(i), the director shall schedule a hearing to take place no more than 30 days after the day on which the director receives the request. (B) The cease and desist order remains in effect pending the hearing.
(A) If a person requests a hearing in accordance with Subsection (1)(b)(i), the director shall schedule a hearing to take place no more than 30 days after the day on which the director receives the request.
(B) The cease and desist order remains in effect pending the hearing.
(iii) If the director fails to schedule a hearing in accordance with Subsection (1)(b)(ii)(A), the cease and desist order is vacated.
(c) The division shall conduct a hearing described in Subsection (1)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) After a hearing described in Subsection (1)(b): (a) if the director finds that the person violated this chapter, the director may issue a final order making the cease and desist order permanent; or (b) if the director finds that the person did not violate this chapter, the director shall vacate the cease and desist order.
(a) if the director finds that the person violated this chapter, the director may issue a final order making the cease and desist order permanent; or
(b) if the director finds that the person did not violate this chapter, the director shall vacate the cease and desist order.
(3) If a person served with an order under Subsection (1)(a) does not request a hearing and the person fails to comply with the director's order, the director may file suit in district court in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter.
(4) The remedies and action provided in this section are not exclusive but are in addition to any other remedies or actions available under Section 57-29-305.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.