§514A-107  Enforcement.  (a)  Whenever
the commission believes from satisfactory evidence that any person is violating
or has violated any provision of this part or rules of the commission adopted
pursuant thereto, it may conduct an investigation on the matter and bring an
action in the name of the commission in any court of competent jurisdiction
against the person to enjoin the person from continuing the violation or
engaging therein or doing any act or acts in furtherance thereof.



(b)  Before the commission brings an action in
any court of competent jurisdiction pursuant to subsection (a) against any
person who executed an affidavit pursuant to this part, it may consider whether
the following extenuating circumstances affected the person's ability to comply
with the law:



(1)  Serious illness of any of the owner-occupants who
executed the affidavit or any other person who was to or has occupied the
residential apartment;



(2)  Unforeseeable job or military transfer;



(3)  Unforeseeable change in marital status, or change
in parental status; or



(4)  Any other unforeseeable occurrence subsequent to
execution of the affidavit.



Thereafter, the commission may cease any further
action and order release of any net proceeds held in abeyance.



(c)  Any individual who executes an affidavit
pursuant to this part and who subsequently sells or offers to sell, leases or
offers to lease, rents or offers to rent, assigns or offers to assign, or
otherwise transfers any interest in the residential apartment that the person obtained
pursuant to this part, shall have the burden of proving his or her compliance
with the requirements of this part.



(d)  Upon request, the commission may require a
verification of owner-occupancy from the presumed owner-occupant.  In the event
that the presumed owner-occupant fails to submit verification of continuing
owner-occupancy, as defined in this section, because of sale, lease,
assignment, or transfer, the presumed owner-occupant may also be subject to a
fine in the amount equal to the profit made from the sale, assignment or
transfer.



(e)  The commission shall adopt rules, pursuant
to chapter 91, to carry out the purposes of, and its responsibilities under,
this part. [L 1980, c 189, pt of §2; am L 1985, c 164, §5; am L 1992, c 50, pt
of §2; am L 2000, c 210, §9]