The Commissioner of the Department of Financial Protection &
Innovation is vested with broad statutory authority to issue orders
directing the discontinuance of violations or that a person
"desist and refrain" from specified conduct. Cal. Corp.
Code §§ 25249, 25250, 25251, 29542, 31406, and 31407 and
Cal. Fin. Code §§ 2148, 12307.2, 17415, 17602, 17603,
17604, 22690, 22707.5, 22712, 28158, 28164, 50321, 50322,
and 50323. "Discontinue" and "desist" both mean
to stop or cease. Therefore, if conduct is not ongoing, it is
impossible for someone to discontinue or desist. Apparently, this
logical problem has caused some Administrative Law Judges to
question whether the Commissioner has the authority to issue orders
against violations that are no longer ongoing.
