55-79.100 - Cease and desist orders. - Virginia Statutes

§ 55-79.100. Cease and desist orders.

(a) If the agency determines after notice and hearing that a person has:

(1) Violated any provision of this chapter;

(2) Directly or through an agent or employee knowingly engaged in any false,deceptive, or misleading advertising, promotional, or sales methods to offeror dispose of a unit;

(3) Made any substantial change in the plan of disposition and development ofthe condominium subsequent to the order of registration without notifying theagency;

(4) Disposed of any units which have not been registered with the agency; or

(5) Violated any lawful order or rule of the agency;

it may issue an order requiring the person to cease and desist from theunlawful practice and to take such affirmative action as in the judgment ofthe agency will carry out the purposes of this chapter.

(b) If the agency makes a finding of fact in writing that the public interestwill be irreparably harmed by delay in issuing an order, it may issue atemporary cease and desist order. Prior to issuing the temporary cease anddesist order, the agency shall give notice of the proposal to issue atemporary cease and desist order to the person. Every temporary cease anddesist order shall include in its terms a provision that upon request ahearing will be held promptly to determine whether or not it becomespermanent.

(1974, c. 416; 1975, c. 415.)