Montana Code Annotated 2021



Part 4. Enforcement

Cease And Desist Orders

32-5-408. Cease and desist orders. (1) If the department determines that a person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule adopted or order issued by the department pursuant to this chapter, the department may issue an order directing the person to cease and desist from continuing the act or practice after issuance and service of a notice and opportunity for an administrative hearing as provided in 32-5-207. The order may apply only to the alleged act or practice constituting a violation of this chapter.

(2) The department may issue a temporary order pending the hearing that:

(a) remains in effect until 14 days after the hearings examiner issues proposed findings of fact and conclusions of law and a proposed order; or

(b) becomes final if the person to whom notice is issued and served does not request a hearing within 14 days after the date on which the notice was sent by certified mail as provided in 32-5-207.

(3) A violation of an order issued pursuant to this section is subject to the penalty provisions of this chapter.

History: En. Sec. 18, Ch. 372, L. 2007; amd. Sec. 8, Ch. 23, L. 2015.