Complaints from investors or businesses, public inquiries or matters raised during an examination may all prompt further Division review. If the Division believes a violation of law has occurred, it may attempt to obtain voluntary compliance by entering into a consent order or a stipulation and agreement with an individual or firm. A person or firm that signs a consent order or a stipulation and agreement need not admit that it has violated the law, but it must agree to stop the disputed practices outlined therein. Alternatively, the Department can pursue relief through administrative proceedings . Examples include a fine, a cease and desist order or licensing denial, suspension or revocation.
Administrative proceedings entitle respondents to a hearing.
Procedurally, a hearing is much like a court trial with evidence being submitted, testimony heard and witnesses examined and cross-examined. However, unlike a court proceeding, the rules of evidence in an administrative hearing are relaxed. Final decisions issued by the Commissioner may be appealed to the Superior Court. If an individual or firm violates an administrative order, the Commissioner may also seek civil penalties or an injunction. In this case, a referral would be made to the Attorney General's Office , which would, in turn, make an independent decision on whether or not to pursue the case in court.