Arizona Laws 32-2154. Cease and desist orders; hearing
A. If it appears to the commissioner that any person has engaged, is engaging or is preparing to engage in any act, practice or transaction that constitutes a violation of this chapter or any rule adopted or order issued by the commissioner, the commissioner may issue an order directing any person to cease and desist from engaging in the act, practice or transaction or doing any act in furtherance of the act, practice or transaction, to make restitution or to take appropriate affirmative action, within a reasonable period of time as prescribed by the commissioner, to correct the conditions resulting from the act, practice or transaction.
Terms Used In Arizona Laws 32-2154
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Commissioner: means the state real estate commissioner. See Arizona Laws 32-2101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, corporation, partnership or company and any other form of multiple organization for carrying on business, foreign or domestic. See Arizona Laws 32-2101
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
B. A person aggrieved by a cease and desist order issued by the commissioner pursuant to this section may request a hearing pursuant to Title 41, Chapter 6, Article 10 and the commissioner may issue the order or orders as the commissioner deems necessary to protect the public interest. The commissioner may also bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing in violation of this chapter. These proceedings shall be promptly instituted and determined.