§484-12 Cease and desist orders.

278 words·~1 min read·/hi/chapter-484/484-12

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

(a)If the director determines after notice and hearing that a person has:

(1)Violated this chapter;

(2)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;

(3)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 director;

(4)Disposed of any subdivided lands which have not been registered with the director or are exempted under this chapter;

(5)Violated any lawful order or rule of the director;

the director 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 director will carry out the purposes of this chapter.

(b)If the director makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order the director may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the director 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 shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not it becomes permanent. [L 1967, c 223, §12; HRS §484-12; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1992, c 132, §14]