(a) 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.
Terms Used In Rhode Island General Laws 42-14-16.1. Order to cease and desist
- complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: extends to and includes co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- summons: Another word for subpoena used by the criminal justice system.
(b) 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.
(c) All hearings shall be governed in accordance with chapter 35 of this title, 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.
(P.L. 2003, ch. 57, § 1; P.L. 2003, ch. 68, § 1; P.L. 2007, ch. 340, § 16.)