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North Dakota Century Code Title 43. Occupations and Professions § 43-23.1-14. Cease and desist orders

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1. If the commission determines after notice and hearing that a person has:

a. Violated any provision of this chapter;

b. Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;

c. Made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the commission;

d. Disposed of any subdivided lands which have not been registered with the commission;  or

e. Violated any lawful order or rule or regulation of the commission;

it may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this chapter.

2. If the commission 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.  Prior to issuing the temporary cease and desist order, the commission, whenever possible, by telephone or otherwise shall give notice of the proposal to issue a temporary cease and desist order to the person.  Every temporary cease and desist order must include in its terms a provision that upon request a hearing will be held promptly to determine whether or not it becomes permanent.

Cite this article: - North Dakota Century Code Title 43. Occupations and Professions § 43-23.1-14. Cease and desist orders - last updated January 01, 2020 |

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