493.9a Cease and desist order; grounds; notice; failure to appear at hearing; findings; effective date and duration of order.

334 words·~2 min read·/mi/chapter-493/493-9a

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Sec. 9a.

(1)If in the opinion of the commissioner a licensee is, has, or is about to engage in a practice that poses a threat of financial loss or threat to the public welfare or is, has, or is about to violate a law or rule, the commissioner may serve a notice of intention to issue a cease and desist order as provided in subsection (2).

(2)A notice served under this section shall contain a statement of the facts constituting the alleged practice or violation and fix a time and place at which a hearing will be held to determine whether an order to cease and desist should be issued against the licensee.

(3)If the licensee fails to appear at the hearing by a duly authorized representative, the licensee shall have consented to the issuance of the cease and desist order.

(4)In the event of consent under subsection

(3)or if, upon the record made at the hearing, the commissioner finds that the practice or violation specified in the notice has been established, the commissioner may serve upon the licensee an order to cease and desist from the practice or violation. The order may require the licensee and its officers, directors, members, partners, trustees, employees, agents, and control persons to cease and desist from the practice or violation and to take affirmative action to correct the conditions resulting from the practice or violation.

(5)Except as provided in subsection

(6)or to the extent it is stayed, modified, terminated, or set aside by the commissioner or a court, a cease and desist order shall become effective on the date of service.

(6)A cease and desist order issued upon consent shall become effective at the time specified in the order and remain effective and enforceable as provided in the order.

History: Add. 2002, Act 393 , Imd. Eff. May 30, 2002