61-4-107. Cease and desist order. (1) When the department has reasonable cause to believe, from information furnished to it or from an investigation made by it, that a person is engaged in any business regulated by this part without being licensed as required or if a dealer licensed under this part is conducting an off-premises sale without a permit, as required by 61-4-123(4), it shall immediately issue and serve upon the person, in person or by certified mail, a cease and desist order requiring the person to cease and desist from further engaging in that business or from conducting an off-premises sale without a permit. If the person fails to comply with the order, the department shall file an action in the district court of the county in which the conduct occurred to restrain and enjoin the person from engaging in the business. The court shall proceed in the action as in other actions for injunctions.
(2) When the department has reasonable cause to believe, from an investigation made by it or information furnished to it by a law enforcement officer, that a dealer or wholesaler has been improperly licensed, has used a dealer's license in a manner other than as authorized in this title, has provided a material misstatement of fact in an application for a license, is not qualified as a dealer or wholesaler under the requirements of this title, or has engaged in criminal conduct that renders the dealer or wholesaler unfit for licensure, the department may revoke the dealer's or wholesaler's license.
History: En. Sec. 1, Ch. 49, L. 1989; amd. Sec. 26, Ch. 409, L. 1999; amd. Sec. 7, Ch. 299, L. 2003; amd. Sec. 23, Ch. 535, L. 2021.
Structure Montana Code Annotated
Chapter 4. Sales and Distribution of Motor Vehicles
61-4-101. Types of licenses and terms -- common application -- bonds -- zoning
61-4-102. Dealer plates -- restriction of use -- fees
61-4-104. Record of purchase or sale
61-4-105. Criminal penalty -- civil penalty imposed by agency
61-4-107. Cease and desist order
61-4-109. Privileges incident to license -- withdrawal upon certain conditions
61-4-111. Used vehicles -- transfer to and from dealers
61-4-112. New motor vehicles -- transfers by dealers
61-4-113. New motor vehicles towed into state to be labeled
61-4-122. Compliance specialists as peace officers
61-4-123. Dealer requirements and restrictions
61-4-125. Wholesaler restrictions -- demonstrator plates -- annual report
61-4-126. Claims against dealer, broker, wholesaler, or auto auction bonds
61-4-127. Broker requirements -- restrictions -- annual report -- fees
61-4-129. Assignment of demonstrator plates
61-4-130. Courtesy license plates -- issuance -- restrictions on use
61-4-132. Right of designated family member to succeed in dealership ownership
61-4-133. Refusal to honor succession to ownership -- notice required
61-4-134. Procedure to determine right to succeed
61-4-135. Written designation of succession unaffected
61-4-136. Violation -- penalty
61-4-138. through 61-4-140 reserved
61-4-143. Unlawful curbstoning of vehicle for sale
61-4-144. through 61-4-149 reserved
61-4-150. Sale, transfer, or exchange of dealership -- notice -- response to notice