Idaho Code 55-1814 – Cease and Desist Orders
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(1) If the commission determines after notice and hearing that a person has:
(a) Violated any provision of this chapter;
(b) 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;
(c) 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 commission;
(d) Disposed of any subdivided lands that have not been registered with the commission; or
(e) Violated any lawful order or rule of the commission;
it may issue an order requiring the person to cease and desist from the unlawful practice and may take such other action as authorized by this chapter.
(2) If the commission makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, such as in the case of the subdivider’s failure to maintain the statutory requirements for registration, it may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the commission shall, whenever practicable, by telephone or otherwise, give notice of the petition for a temporary cease and desist order to the person. Every temporary cease and desist order issued shall be promptly served upon the person ordered and shall include the reasons for the order and a provision that, if requested by the person within twenty (20) days of service, the matter will be scheduled for a hearing, which will be held within a reasonable time to determine whether or not the order becomes permanent.
Terms Used In Idaho Code 55-1814
- Commission: means the Idaho real estate commission. See Idaho Code 55-1802
- Disposition: includes sale, lease, assignment, award by lottery or any other transaction concerning a subdivision, if undertaken for gain or profit. See Idaho Code 55-1802
- Offer: includes any inducement, solicitation or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit. See Idaho Code 55-1802
- Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest or any other legal or commercial entity. See Idaho Code 55-1802
- subdivided lands: means and includes the following:
Idaho Code 55-1802