23-237. Hearings on cease and desist
orders
A. A cease and desist order issued by the commission shall become final upon the
expiration of the time during which a request for a hearing may be made pursuant to
section 23-236 unless the person or persons named in such order have made a timely
request for a hearing before the commission. The commission may refer the request for
hearing to an administrative law judge for the conduct of the hearing. If a hearing is
requested, the hearing shall be held thirty days from receipt of the request unless such
time is extended by the commission or the administrative law judge to which it is
assigned. Written notice of the time and place of the hearing shall be sent by the
commission or the administrative law judge to the person or persons requesting the
hearing at least fifteen days before the hearing. Such hearing shall be conducted
pursuant to title 41, chapter 6, article 6.
B. If the commission, after the hearing, determines that the act or acts set forth
in the cease and desist order constitute a violation of any provision of this article or
of the rules adopted pursuant to this article, the commission shall affirm or modify the
order accordingly.
C. The order issued by the commission after the hearing is final unless within
thirty days after the date of mailing of a copy of such order to the person named in the
order such person applies to the court of appeals for a writ of certiorari pursuant to
section 23-951. The order shall contain a statement of this right of appeal.
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