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54.1-2352 - Cease and desist orders.

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§ 54.1-2352. Cease and desist orders.A. The Board may issue an order requiring the governing board of theassociation to cease and desist from the unlawful practice and to take suchaffirmative action as in the judgment of the Board will carry out thepurposes of this chapter, if the Board determines after notice and hearingthat the governing board of an association has:1. Violated any statute or regulation of the Board governing the associationregulated pursuant to this chapter, including engaging in any act or practicein violation of this chapter, Chapter 4.2 (§ 55-79.39 et seq.), 21 (§ 55-360et seq.), 24 (§ 55-424 et seq.), or 26 (§ 55-508 et seq.) of Title 55, or anyof the Board's regulations or orders;2. Failed to register as an association or to file an annual report asrequired by statute or regulation;3. Materially misrepresented facts in an application for registration or anannual report; or4. Willfully refused to furnish the Board information or records required orrequested pursuant to statute or regulation.B. If the Board makes a finding of fact in writing that the public interestwill be irreparably harmed by delay in issuing an order, it may issue atemporary cease and desist order. Prior to issuing the temporary cease anddesist order, the Board shall give notice of the proposal to issue atemporary cease and desist order to the person. Every temporary cease anddesist order shall include in its terms a provision that upon request ahearing will be held promptly to determine whether or not it becomespermanent.(2008, cc. 851, 871; 2009, c. 557.)
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  • § 54.1-2352. Cease and desist orders.

    A. The Board may issue an order requiring the governing board of theassociation to cease and desist from the unlawful practice and to take suchaffirmative action as in the judgment of the Board will carry out thepurposes of this chapter, if the Board determines after notice and hearingthat the governing board of an association has:

    1. Violated any statute or regulation of the Board governing the associationregulated pursuant to this chapter, including engaging in any act or practicein violation of this chapter, Chapter 4.2 (§ 55-79.39 et seq.), 21 (§ 55-360et seq.), 24 (§ 55-424 et seq.), or 26 (§ 55-508 et seq.) of Title 55, or anyof the Board's regulations or orders;

    2. Failed to register as an association or to file an annual report asrequired by statute or regulation;

    3. Materially misrepresented facts in an application for registration or anannual report; or

    4. Willfully refused to furnish the Board information or records required orrequested pursuant to statute or regulation.

    B. If the Board makes a finding of fact in writing that the public interestwill be irreparably harmed by delay in issuing an order, it may issue atemporary cease and desist order. Prior to issuing the temporary cease anddesist order, the Board shall give notice of the proposal to issue atemporary cease and desist order to the person. Every temporary cease anddesist order shall include in its terms a provision that upon request ahearing will be held promptly to determine whether or not it becomespermanent.

    (2008, cc. 851, 871; 2009, c. 557.)

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