PART II. 
PENALTIES AND JUDICIAL REVIEW



 



§431:13-201  Cease and desist and penalty
orders; judicial review.  (a)  If, after the hearing, the commissioner
shall determine that the person charged has engaged in an unfair method of
competition or an unfair or deceptive act or practice, the commissioner shall
reduce the findings to writing and shall issue and cause to be served upon the
person charged with the violation a copy of the findings and an order requiring
the person to cease and desist from engaging in the method of competition, act
or practice.  If the act or practice is a violation of section 431:13-103, the
commissioner may, at the commissioner's discretion, order any one or more of
the following:



(1)  Payment of a fine of not more than $1,000 for each
and every act or violation but not to exceed $10,000, unless the person knew or
reasonably should have known that the person was in violation of section
431:13-103, in which case the fine shall be not more than $5,000 for each and
every act or violation but not to exceed $50,000 in any six-month period.



(2)  Suspension or revocation of the person's license,
if the person knew or reasonably should have known that the person was in
violation of section 431:13-103.



(b)  Any person aggrieved by an order of the
commissioner under this section may obtain judicial review of the order in the
manner provided for by chapter 91. [L 1987, c 347, pt of §2; am L 2003, c 212,
§106]