1.    If the commissioner has reason to believe that a person has violated or is violating section 13-09.1-09, the commissioner may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of section 13-09.1-09.

Terms Used In North Dakota Code 13-09.1-42

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

2.    In an emergency, the commissioner may petition the district court of Burleigh County for the issuance of a temporary restraining order ex parte pursuant to the rules of civil procedure.

3.    An order to cease and desist becomes effective upon service upon the unlicensed person.

4.    An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 28-32.

  Previous section
Next section  
 Chapter 13-09.1 Contents