32-1369. Cease and desist orders; injunctive relief; civil penalty

348 words·~2 min read·/az/title-32/32-1369

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In addition to all other remedies, if it appears to the department, either on complaint or otherwise, that any person has engaged in or is engaging in any act, practice or transaction that constitutes a violation of this chapter, of title 44, chapter 10, article 7 or of any rule adopted pursuant to this chapter, the department may either:

1. Serve a cease and desist order on the person by certified mail or personal service requiring the person to cease and desist immediately from engaging in the act, practice or transaction.

2. Apply, through the attorney general or county attorney of the county in which the act, practice or transaction is alleged to have been committed, to the superior court in that county for an injunction restraining the person from engaging in the act, practice or transaction or doing any act in furtherance of the act, practice or transaction. On a proper showing, the court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond. Process in an action under this paragraph may be served on the defendant in any county of this state where the defendant transacts business or is found.

B. A person who receives a cease and desist order issued by the department pursuant to subsection A, paragraph 1 of this section is entitled to a hearing pursuant to title 41, chapter 6, article 10 within thirty days after the effective date of the order.

C. If a person fails to comply with an order issued by the department pursuant to subsection A, paragraph 1 of this section, the department shall file an action pursuant to subsection A, paragraph 2 of this section to restrain and enjoin the person from engaging in the act, practice or transaction. The court in the action shall proceed as in other actions for injunction. If the court finds that the person wilfully failed to obey a valid cease and desist order issued by the department, the court shall impose a civil penalty of at least $250 and not more than $1,000 per violation.