REFERENCE TITLE: real estate department; civil penalties |
State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2622 |
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Introduced by Representatives Hernández: Alston, Cardenas, Contreras, Escamilla, Gabaldón, Mendez, Miranda, Saldate
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AN ACT
amending section 32-2154, Arizona Revised Statutes; relating to real estate.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2154, Arizona Revised Statutes, is amended to read:
32-2154. Cease and desist orders; hearing; civil penalty
A. If it appears to the commissioner that any person has engaged, is engaging or is preparing to engage in any act, practice or transaction that constitutes a violation of this chapter or any rule adopted or order issued by the commissioner, the commissioner may issue an order directing any person to cease and desist from engaging in the act, practice or transaction or doing any act in furtherance of the act, practice or transaction, to make restitution or to take appropriate affirmative action, within a reasonable period of time as prescribed by the commissioner, to correct the conditions resulting from the act, practice or transaction.
B. A person aggrieved by a cease and desist order issued by the commissioner pursuant to this section may request a hearing pursuant to title 41, chapter 6, article 10 and the commissioner may issue the order or orders as the commissioner deems necessary to protect the public interest. The commissioner may also bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing in violation of this chapter. These proceedings shall be promptly instituted and determined.
C. If the commissioner issues a cease and desist order against a person pursuant to this section, the commissioner may also order the person to pay a civil penalty as follows:
1. One thousand dollars for a first violation of this chapter or any rule adopted or order issued by the commissioner.
2. Up to two thousand five hundred dollars for a subsequent violation of this chapter or any rule adopted or order issued by the commissioner.