PART II. PENALTIES AND JUDICIAL REVIEW

 

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

(1)  Payment of a fine of not more than $1,000 for eachand every act or violation but not to exceed $10,000, unless the person knew orreasonably should have known that the person was in violation of section431:13-103, in which case the fine shall be not more than $5,000 for each andevery 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 inviolation of section 431:13-103.

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