2000-S 2333
Enacted 7/13/2000

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Introduced By:  Senator Kevin A. Breene Date Introduced:  February 8, 2000

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 5-20.7 of the General Laws entitled "Real Estate Appraiser Certification Act" is hereby amended by adding thereto the following section:

5-20.7-26. Order to cease unsafe practices -- Appeal. -- If the department of business regulation shall have reason to believe that any person, firm, or corporation or association is conducting any activities requiring licensure or certification pursuant to chapter 20.7 of title 5 without obtaining a license, or who after the denial, suspension or revocation of a license conducts any activities requiring licensure or certification pursuant to chapter 20.7 of title 5, the department may issue its order to that person, firm, corporation or association commanding them to appear before the department at a hearing to be held not sooner than ten (10) days and not later than twenty (20) days after issuance of that order to show cause why the department should not issue an order to that entity to cease and desist from the violation of the provisions of this chapter. The order to show cause may be served on any person, firm, corporation or association named therein in the same manner that a summons in a civil action may be served, or by mailing a copy of the order, certified mail, return receipt requested, to that entity at any address which is the place of business or place of residence. If upon that hearing the department shall be satisfied that the entity is in fact violating any provision of this chapter, then the department may order that entity, in writing, to cease and desist from that violation. All such hearings shall be governed in accordance with chapter 35 of title 42. If that entity shall fail to comply with an order of the department after being afforded a hearing, the superior court in the county where the land or real estate is located shall have jurisdiction upon complaint of the department to restrain and enjoin that entity from violating this chapter.

SECTION 2. This act shall take effect upon passage.

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