§ 6516. Civil enforcement proceedings and civil penalties. 1. Issuance\nof cease and desist order. Whenever the department has reasonable cause\nto believe that any person has violated any provision of section\nsixty-five hundred twelve or sixty-five hundred thirteen of this\narticle, the department may issue and serve upon such person a notice to\ncease and desist from such violation. Such cease and desist order shall\nbe served personally by the department. If personal service can not be\nmade after due diligence and such fact is certified under oath, a copy\nof the order shall be made by certified mail, return receipt requested,\nto the person's last known address by the department.\n 2. Contents of cease and desist order. The cease and desist order\nshall be in writing and shall describe with particularity the nature of\nthe violation, including a reference of the specific provision or\nprovisions of law alleged to have been violated and an order to the\nrespondent to cease any unlawful activity. The cease and desist order\nshall advise the respondent (a) of the right to contest the order by\nrequesting a hearing within thirty days of the service of the cease and\ndesist order before a hearing officer designated by the department (b)\nof the right to request a stay of the cease and desist order at the time\na hearing is requested and (c) shall set forth the respondent's rights\nat such a hearing pursuant to subdivision five of this section.\n 3. Civil penalties. Civil penalties up to five thousand dollars may be\nimposed for each violation and the respondent may be ordered to make\nrestitution to any person who has an interest in any money or property,\neither real or personal, acquired by the respondent as a result of a\nviolation. Whenever the department concludes that civil penalties and/or\nrestitution may be warranted because of the egregiousness of the\nunlawful activity, it may serve, along with the cease and desist order,\na notice of a hearing on the allegations of unlawful activity and the\ndepartment's intention to order the respondent to make restitution\nand/or impose a civil penalty. The notice should specify the civil\npenalty sought for each violation.\n 4. Request for hearing. If the respondent to a cease and desist order\ncontests the cease and desist order, the respondent shall request a\nhearing conducted by the department within thirty days of the receipt of\nthe cease and desist order. Such a hearing shall be scheduled, and the\nrequesting party notified of the date, within fifteen days of the\nreceipt of the request for a hearing. If the respondent requests a stay\nof the cease and desist order, the hearing officer shall determine\nwhether the cease and desist order should be stayed in whole or in part\nwithin five working days of the request for a stay. The respondent may\nfile a written answer to the cease and desist order prior to the\nhearing. A stenographic record of the hearing shall be made.\n 5. Conduct of hearing. The evidence in support of the cease and desist\norder shall be presented by an attorney for the department. The\nrespondent may appear personally and may be represented by counsel at\nthe hearing, may produce witnesses and evidence in his or her behalf at\nthe hearing, may cross-examine witnesses and examine evidence produced\nagainst him or her at the hearing, and may issue subpoenas in accordance\nwith section three hundred four of the state administrative procedure\nact. The hearing officer shall not be bound by the rules of evidence,\nbut his or her determination that a violation of section sixty-five\nhundred twelve or sixty-five hundred thirteen of this article has\noccurred shall be based on a preponderance of the evidence. A hearing\nwhich has been initiated shall not be discontinued because of the death\nor incapacity of the hearing officer. In the event of a hearing\nofficer's death or incapacity to serve, a new hearing officer shall be\ndesignated by the department
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