§ 58-63-32. Cease and desist order. - North Carolina Statutes

§58‑63‑32.  Cease and desist order.

(a)        If, after a hearingunder G.S. 58‑63‑25, the Commissioner determines that the method ofcompetition or the act or practice in question is defined in G.S. 58‑63‑15and that the person complained of has engaged in the method of competition,act, or practice in violation of this Article, the Commissioner shall reducehis finding to writing and shall issue and cause to be served upon the personcharged with the violation an order requiring the person to cease and desist fromengaging in the method, act, or practice.

(b)        Until theexpiration of the time allowed under G.S. 58‑63‑35(a) for filing apetition for review, if no such petition has been duly filed within that time,then until the transcript of the record in the proceeding has been filed incourt, the Commissioner may at any time, upon such notice and in such manner asthe Commissioner considers proper, modify or set aside in whole or in part anyorder issued by the Commissioner under this section.

(c)        After the expirationof the time allowed for filing a petition for review, if no such petition hasbeen duly filed within that time, the Commissioner may at any time, afternotice and opportunity for hearing, reopen and alter, modify, or set aside, inwhole or in part, any order issued by the Commissioner under this section,whenever in the Commissioner's opinion conditions of fact or of law have sochanged as to require the action or if the public interest requires. (1991,c. 644, s. 28.)