45:22A-13 - Cease and desist orders;Ā affirmative action
45:22A-13.Ā Cease and desist orders;Ā affirmative action
(a) If the agency determines after notice and hearing that a person has:
(1) Violated any provision of this act;
(2) Directly or through an agent or employee knowingly engaged in any false,Ā deceptive, or misleading advertising, promotional, or sales methods to offer orĀ dispose of an interest in the subdivision or community lands;
(3) Made any substantial change in the plan of disposition and development of the subdivision or community lands subsequent to the order of registration without obtaining prior written approval from the agency;
(4) Disposed of any subdivision or community lands which have not been registered with the agency;
(5) Violated any lawful order or rule of the agency, it may issue an order requiring the person to cease and desist from the unlawful practice and to takeĀ such affirmative action as in the judgment of the agency will carry out theĀ purposes of this act.
(b) If the agency makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary cease and desist order.Ā Prior to issuing a temporary cease and desist order, the agency whenever possible by telephone or otherwise shall giveĀ notice of the proposal to issue a temporary cease and desist order to theĀ developer or his agent.Ā Every temporary cease and desist order shall includeĀ in its terms a provision that upon request a hearing will be held within 30Ā days at a place chosen by the agency to determine whether or not it becomesĀ permanent.
L.1969, c. 215, s. 13.
Ā
(a) If the agency determines after notice and hearing that a person has:
(1) Violated any provision of this act;
(2) Directly or through an agent or employee knowingly engaged in any false,Ā deceptive, or misleading advertising, promotional, or sales methods to offer orĀ dispose of an interest in the subdivision or community lands;
(3) Made any substantial change in the plan of disposition and development of the subdivision or community lands subsequent to the order of registration without obtaining prior written approval from the agency;
(4) Disposed of any subdivision or community lands which have not been registered with the agency;
(5) Violated any lawful order or rule of the agency, it may issue an order requiring the person to cease and desist from the unlawful practice and to takeĀ such affirmative action as in the judgment of the agency will carry out theĀ purposes of this act.
(b) If the agency makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary cease and desist order.Ā Prior to issuing a temporary cease and desist order, the agency whenever possible by telephone or otherwise shall giveĀ notice of the proposal to issue a temporary cease and desist order to theĀ developer or his agent.Ā Every temporary cease and desist order shall includeĀ in its terms a provision that upon request a hearing will be held within 30Ā days at a place chosen by the agency to determine whether or not it becomesĀ permanent.
L.1969, c. 215, s. 13.
Ā