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IC 25-34.1-6-1 Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-34.1-6-1.1
Repealed
(Repealed by P.L.214-1993, SEC.91.)
IC 25-34.1-6-2
Class B infraction; fines; cease and desist orders; injunctions;
complaints; supplemental procedures
Sec. 2. (a) A person who:
(1) performs the acts of a salesperson without a salesperson
license;
(2) performs the acts of a broker without a broker license; or
(3) conducts, or solicits or accepts enrollment of students for,
a course as prescribed in IC 25-34.1-3 without course approval;
commits a Class A infraction. Upon conviction for an offense under
this section, the court shall add to any fine imposed, the amount of
any fee or other compensation earned in the commission of the
offense. Each transaction constitutes a separate offense.
(b) In all actions for the collection of a fee or other compensation
for performing acts regulated by this article, it must be alleged and
proved that, at the time the cause of action arose, the party seeking
relief was not in violation of this section.
(c) The commission may issue a cease and desist order to prevent
violations of this section.
(1) If the commission determines that a person is violating this
section, or is believed to be violating this section, the
commission may issue an order to that person setting forth the
time and place for a hearing at which the affected person may
appear and show cause as to why the challenged activities are
not in violation of this section.
(2) After an opportunity for hearing, if the commission
determines that the person is violating this section, the
commission shall issue a cease and desist order which shall
describe the person and activities which are the subject of the
order.
(3) A cease and desist order issued under this section is
enforceable in the circuit courts of this state.
(d) The attorney general, the commission, or the prosecuting
attorney of any county in which a violation occurs may maintain an
action in the name of the state to enjoin a person from violating this
section.
(e) In charging any person in a complaint for an injunction or in
affidavit, information, or indictment with the violation of the
provisions of this section, it is sufficient, without averring any
further or more particular facts, to charge that the person upon a
certain day and in a certain county either acted as a real estate broker
or salesperson not having a license or conducted, or solicited or
accepted enrollment of students for, a broker or salesperson course
without course approval.
(f) Each enforcement procedure established in this section is
supplemental to other enforcement procedures established in this
section.
As added by Acts 1979, P.L.248, SEC.1. Amended by P.L.214-1993,
SEC.84.
IC 25-34.1-6-3
Criminal conviction; discipline
Sec. 3. A licensee who is convicted of a crime that substantially
relates to the practice of real estate may be disciplined under
IC 25-1-11. A certified copy of a judgment of conviction from a
court is presumptive evidence of a conviction for purposes of this
section.
As added by P.L.87-2006, SEC.4. Amended by P.L.1-2007, SEC.180.