(a) If the secretary, upon inspection, investigation or through other means observes,
discovers or learns of a violation of the provisions of this article, any certificate
of approval, notice, order or rules issued or promulgated hereunder, he or she may:
(1) Issue an order stating with reasonable specificity the nature of the violation
and requiring compliance immediately or within a specified time. An order under this section includes, but is not limited to, any or all of the following:
Orders suspending, revoking or amending certificates of approval, orders requiring
a person to take remedial action or cease and desist orders;
(2) Seek an injunction in accordance with subsection (c), section fifteen of this
(3) Institute a civil action in accordance with subsection (c), section fifteen of
this article; or
(4) Request the attorney general, or the prosecuting attorney of the county in which
the alleged violation occurred, to bring a criminal action in accordance with section
twelve of this article.
(b) Any person issued a cease and desist order may file a notice of request for reconsideration
with the secretary not more than seven days from the issuance of the order and shall
have a hearing before the secretary contesting the terms and conditions of the order
within ten days of the filing of the notice of a request for reconsideration. The filing of a notice of request for reconsideration does not stay or suspend the
execution or enforcement of the cease and desist order.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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