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Legal Memorandum: Cease and Desist Order in KS

Issue: What is the standard for issuing a cease and desist order in Kansas?

Area of Law: Litigation & Procedure
Keywords: Cease and desist order; Administrator finding
Jurisdiction: Kansas
Cited Cases: None
Cited Statutes: Kan. Stat. s. 17-12a604
Date: 10/01/2013

The applicable standard is laid out in Kan. Stat. s. 17-12a604:

If the administrator finds that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this act or a rule adopted or order issued under this act or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting a violation of this act or a rule adopted or order issued under this act, the administrator may:

(1)               Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary or appropriate to comply with this act[.]

[…]

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