65-786.Secretary may issue emergency cease anddesist order.(a) If the secretary determines after notice and opportunity for a hearing thatany person has engaged in or is engaging in any act or practice constituting aviolation of any provision of this act or any rules and regulations or orderissued thereunder, the secretary may require that such person cease and desistfrom the unlawful act or practice and take such affirmative action as in thejudgment of the secretary will carry out the purposes of the violated orpotentially violated provision of this act or rules and regulations or orderissued thereunder.Any such hearing shall be held by the secretary or a presiding officer fromthe office of administrative hearings.
(b) If the secretary makes written findings of fact that there is a situationinvolving an immediate danger to the public health, safety or welfare or thatthe public interest will be irreparably harmed by delay in issuing an orderunder subsection (a), the secretary may issue an emergency temporary cease anddesist order. Such order, even when not an order within the meaning of K.S.A.77-502, and amendments thereto, shall be subject to the same procedures as anemergency order issued under K.S.A. 77-536, and amendments thereto. Upon theentry of such an order, the secretary shall promptly notify the person subjectto the order that:
(1) It has been entered;
(2) the reasons therefor; and
(3) that upon written request from the person subject to the orderwithin 15 days after service of the order the matter will be set for a hearingwhich shall be conducted in accordance with the provisions of the Kansasadministrative procedure act. Any such hearing shall be held by thesecretary or presiding officer from the office of administrative hearings.If no hearing is requested and none is ordered by the secretary, the order willremain in effect until it is modified or vacated by the secretary. If a hearingis requested or ordered the secretary, after giving notice of and opportunityfor hearings to the person subject to the order, shall by written findings offact and conclusions of law vacate, modify or make permanent the order.
History: L. 2001, ch. 32, § 16;L. 2004, ch. 145, § 23; July 1, 2005.
65-786.Secretary may issue emergency cease anddesist order.(a) If the secretary determines after notice and opportunity for a hearing thatany person has engaged in or is engaging in any act or practice constituting aviolation of any provision of this act or any rules and regulations or orderissued thereunder, the secretary may require that such person cease and desistfrom the unlawful act or practice and take such affirmative action as in thejudgment of the secretary will carry out the purposes of the violated orpotentially violated provision of this act or rules and regulations or orderissued thereunder.Any such hearing shall be held by the secretary or a presiding officer fromthe office of administrative hearings.
(b) If the secretary makes written findings of fact that there is a situationinvolving an immediate danger to the public health, safety or welfare or thatthe public interest will be irreparably harmed by delay in issuing an orderunder subsection (a), the secretary may issue an emergency temporary cease anddesist order. Such order, even when not an order within the meaning of K.S.A.77-502, and amendments thereto, shall be subject to the same procedures as anemergency order issued under K.S.A. 77-536, and amendments thereto. Upon theentry of such an order, the secretary shall promptly notify the person subjectto the order that:
(1) It has been entered;
(2) the reasons therefor; and
(3) that upon written request from the person subject to the orderwithin 15 days after service of the order the matter will be set for a hearingwhich shall be conducted in accordance with the provisions of the Kansasadministrative procedure act. Any such hearing shall be held by thesecretary or presiding officer from the office of administrative hearings.If no hearing is requested and none is ordered by the secretary, the order willremain in effect until it is modified or vacated by the secretary. If a hearingis requested or ordered the secretary, after giving notice of and opportunityfor hearings to the person subject to the order, shall by written findings offact and conclusions of law vacate, modify or make permanent the order.
History: L. 2001, ch. 32, § 16;L. 2004, ch. 145, § 23; July 1, 2005.
65-786.Secretary may issue emergency cease anddesist order.(a) If the secretary determines after notice and opportunity for a hearing thatany person has engaged in or is engaging in any act or practice constituting aviolation of any provision of this act or any rules and regulations or orderissued thereunder, the secretary may require that such person cease and desistfrom the unlawful act or practice and take such affirmative action as in thejudgment of the secretary will carry out the purposes of the violated orpotentially violated provision of this act or rules and regulations or orderissued thereunder.Any such hearing shall be held by the secretary or a presiding officer fromthe office of administrative hearings.
(b) If the secretary makes written findings of fact that there is a situationinvolving an immediate danger to the public health, safety or welfare or thatthe public interest will be irreparably harmed by delay in issuing an orderunder subsection (a), the secretary may issue an emergency temporary cease anddesist order. Such order, even when not an order within the meaning of K.S.A.77-502, and amendments thereto, shall be subject to the same procedures as anemergency order issued under K.S.A. 77-536, and amendments thereto. Upon theentry of such an order, the secretary shall promptly notify the person subjectto the order that:
(1) It has been entered;
(2) the reasons therefor; and
(3) that upon written request from the person subject to the orderwithin 15 days after service of the order the matter will be set for a hearingwhich shall be conducted in accordance with the provisions of the Kansasadministrative procedure act. Any such hearing shall be held by thesecretary or presiding officer from the office of administrative hearings.If no hearing is requested and none is ordered by the secretary, the order willremain in effect until it is modified or vacated by the secretary. If a hearingis requested or ordered the secretary, after giving notice of and opportunityfor hearings to the person subject to the order, shall by written findings offact and conclusions of law vacate, modify or make permanent the order.
History: L. 2001, ch. 32, § 16;L. 2004, ch. 145, § 23; July 1, 2005.
