After notice and hearing, the administrator may order any person to cease and desist
from engaging in violations of this Act or any lawful regulation issued by the administrator
and may further order that the person take appropriate corrective action to reimburse
consumers in cases where consumers have been charged amounts in excess of those permitted
by this Act. Notice and hearing need not be provided prior to issuance of an order
to cease and desist, when, in the opinion of the administrator, immediate action is
required to protect the public interest, and:
A. The creditor has not complied with section 6-202; or [1973, c. 762, §1 (NEW).]
B. The creditor does not maintain a permanent place of business in this State. [1973, c. 762, §1 (NEW).]
A respondent aggrieved by an order of the administrator may obtain judicial review
of the order in the Superior Court. The proceeding for review is initiated and conducted
in accordance with Title 5, chapter 375, subchapter VII.
1983, c. 389, (AMD)
An objection not urged at the hearing shall not be considered by the court unless
the failure to urge the objection is excused for good cause shown. A party may move
the court to remand the case to the administrator in the interest of justice for the
purpose of adducing additional specified and material evidence and seeking findings
thereon upon good cause shown for the failure to adduce this evidence before the administrator.
1973, c. 762, §1 (NEW)
The administrator's copy of the testimony shall be available at reasonable times
to all parties for examination without cost.
1977, c. 694, §155-H (AMD)
If no proceeding is initiated, the administrator, through the Attorney General,
may obtain a decree of the Superior Court for enforcement of its order upon showing
that the order was issued in compliance with this section, that no proceeding for
review was timely initiated and that the respondent is subject to the jurisdiction
of the court. The decree of the Superior Court may also provide any relief available
in an action brought under section 6-110.
1977, c. 694, §155-I (AMD)
With respect to unconscionable agreements or fraudulent or unconscionable conduct
by the respondent, the administrator may not issue an order pursuant to this section
but, through the Attorney General, may bring a civil action for an injunction, section
1973, c. 762, §1 (NEW)
No order may be issued under this section if the creditor establishes by a preponderance
of evidence that a violation was unintentional and the result of a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to avoid any such
violation or error except that this subsection does not apply if the violation had
previously been brought to the attention of the creditor by way of examination, investigation
or formal complaint through the administrator, or if the violation involves the obligation
to refund excess charges, as specified in section 5-201, subsections 2 and 3 or section
9-405, subsections 2 and 4.
1993, c. 496, §3 (AMD)
1973, c. 762, §1 (NEW).
1977, c. 694, §§155F-155I (AMD).
1983, c. 212, §10 (AMD).
1983, c. 389, (AMD).
1985, c. 763, §A50 (AMD).
1993, c. 496, §3 (AMD).
Data for this page extracted on 12/03/2013 11:50:56.
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