Montana Code Annotated 2023



Part 1. Dealers

Cease And Desist Order

61-4-107. Cease and desist order. (1) When the department has reasonable cause to believe, from information furnished to it or from an investigation made by it, that a person is engaged in any business regulated by this part without being licensed as required or if a dealer licensed under this part is conducting an off-premises sale without a permit, as required by 61-4-123(4), it shall immediately issue and serve upon the person, in person or by certified mail, a cease and desist order requiring the person to cease and desist from further engaging in that business or from conducting an off-premises sale without a permit. If the person fails to comply with the order, the department shall file an action in the district court of the county in which the conduct occurred to restrain and enjoin the person from engaging in the business. The court shall proceed in the action as in other actions for injunctions.

(2) When the department has reasonable cause to believe, from an investigation made by it or information furnished to it by a law enforcement officer, that a dealer or wholesaler has been improperly licensed, has used a dealer's license in a manner other than as authorized in this title, has provided a material misstatement of fact in an application for a license, is not qualified as a dealer or wholesaler under the requirements of this title, or has engaged in criminal conduct that renders the dealer or wholesaler unfit for licensure, the department may revoke the dealer's or wholesaler's license.

History: En. Sec. 1, Ch. 49, L. 1989; amd. Sec. 26, Ch. 409, L. 1999; amd. Sec. 7, Ch. 299, L. 2003; amd. Sec. 23, Ch. 535, L. 2021.