Chapter 68

2003 -- S 0434

Enacted 6/27/03

AN ACT

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF BUSINESS

REGULATION

Introduced By: Senator David E. Bates

Date Introduced: February 13, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-14 of the General Laws entitled "Department of Business

Regulation" is hereby amended by adding thereto the following section:

42-14-16.1. Order to cease and desist. - - If the director has reason to believe that any

person, firm, corporation or association is conducting any activities requiring licensure under title

27 without obtaining a license, or who after the denial , suspension or revocation of a license

conducts any activities requiring licensure under title 27, 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 no sooner than ten (10) days nor later than twenty (20) days after issuance of

that order to show cause why the department should not issue an order to that person to cease and

desist from the violation of the provisions of title 27. The order to show cause may be served on

any person, firm, corporation or association named in the order in the same manner that summons

in a civil action may be served, or by mailing a copy of the order, certified mail, return receipt

requested, to that person at any address at which he or she has done business or at which he or she

lives. If, upon that hearing, the department is satisfied that the person is in fact violating any

provision of title 27, then the department may order that person, in writing, to cease and desist

from that violation. All hearings shall be governed in accordance with chapter 42-35, the

“Administrative Procedures Act.” If that person fails to comply with an order of the department

after being afforded a hearing, the superior court in Providence county has jurisdiction upon

complaint of the department to restrain and enjoin that person from violating this chapter.

     SECTION 2. This act shall take effect upon passage.     

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LC02138

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