485-C:16 Cease and Desist Orders. –
I. The department may issue a written cease and desist order against any violation of this chapter or rule adopted under this chapter. Local health officers shall have concurrent power to issue such orders. Such orders shall set out the specific acts which are alleged to be in violation, and the specific activities which are to be enjoined. Such orders shall be effective immediately. Health officers shall provide copies of such orders to the commissioner upon issuance. The commissioner may take whatever action is deemed necessary to ensure uniform state enforcement. Any person to whom an order is issued by a local health officer may, within 15 days, request review of the order by the department. The department shall review the order within 15 days of receipt of the request for review. If the department fails to act on the request for review, the order shall no longer be in effect. If the department finds the order to have insufficient basis or to be no longer necessary, it shall state that fact in writing, and the order shall no longer be in effect.
II. A written cease and desist order issued by the department under paragraph I may be recorded by the department in the registry of deeds for the county in which the property is situated and, on recordation, such order shall run with the land; provided, however, that an appropriate description of the land involved, including the accurate name of the record owner, shall be incorporated in the cease and desist order. No fee shall be charged for recording such an administrative order; however, the fee for discharge of any such order shall be the same as for the discharge of a lien on real property.
III. No fine or penalty shall be imposed for failure to comply with an order if such failure did not otherwise result in a violation of this chapter or rules adopted under this chapter.
Source. 1991, 344:1. 1996, 228:106, eff. July 1, 1996.