The Division begins the administrative process, otherwise known as an "adjudicative proceeding," with either an Administrative Citation or a Notice of Agency Action. An Administrative Citation describes an alleged violation or alleged violations with references to the applicable statutes and administrative rules the Division enforces. A Notice of Agency Action states the purpose of an adjudicative proceeding and can outline the questions that are to be decided during the course of that adjudicative proceeding.
The Division may reach a resolution with an opposing party, otherwise known as a "respondent." This resolution is usually titled a Settlement Agreement or sometimes an Assurance of Voluntary Compliance. While the terms of these resolutions vary based on the facts of each matter before the Division, terms may address things like reimbursement to consumers, the payment of a fine to the Division, an agreement to cease and desist from violating a statute or administrative rule, etc.
The conclusion of an "adjudicative proceeding" at the Division level is signaled by the entry of a final order. Frequent examples of final orders include:
- Final Order by Default (when a respondent does not contest the Administrative Citation);
- Findings of Fact, Conclusions of Law and Recommended Order & Order of Adjudication (when a respondent requests review, and a hearing is held, following the issuance of an Administrative Citation or Notice of Agency Action);
- Final Order Denying or Revoking an Application or Registration (when a respondent fails to request review of the Notice of Agency Action within the applicable time period following the issuance of a Notice of Agency Action); and
- Order of Dismissal (when an Administrative Citation or Notice of Agency Action is dismissed upon motion of either the respondent or the Division).