TITLE 55

PROPERTY IN GENERAL

CHAPTER 18

SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE

55-1814.  Cease and desist orders. (1) If the commission determines after notice and hearing that a person has:

(a)  Violated any provision of this chapter;

(b)  Directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional or sales methods to offer or dispose of an interest in subdivided lands;

(c)  Made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the commission;

(d)  Disposed of any subdivided lands that have not been registered with the commission; or

(e)  Violated any lawful order or rule of the commission;

it may issue an order requiring the person to cease and desist from the unlawful practice and may take such other action as authorized by this chapter.

(2)  If the commission makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, such as in the case of the subdivider’s failure to maintain the statutory requirements for registration, it may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the commission shall, whenever practicable, by telephone or otherwise, give notice of the petition for a temporary cease and desist order to the person. Every temporary cease and desist order issued shall be promptly served upon the person ordered and shall include the reasons for the order and a provision that, if requested by the person within twenty (20) days of service, the matter will be scheduled for a hearing, which will be held within a reasonable time to determine whether or not the order becomes permanent.

History:

[55-1814, added 1972, ch. 276, sec. 14, p. 667; am. 2010, ch. 214, sec. 15, p. 479.]