(

a) If the commissioner determines through an investigation that (1) a person has engaged or is engaging in an activity which is a violation of a provision of this part, other than a provision of

Article 8 (commencing with

Section 10249) of

Chapter 3, or which is a violation of a regulation of the commissioner adopted for the purpose of implementing any provision of this part, other than a regulation adopted pursuant to a provision of

Article 8 (commencing with

Section 10249) of

Chapter 3, or (2) a real estate broker has engaged in or is engaging in an activity which is a violation of a provision of Division 6 (commencing with

Section 17000) of the Financial Code, and which is not exempt pursuant to paragraph (4) of subdivision (

a) of

Section 17006, the commissioner may direct the person to desist and refrain from such activity by issuance of an order specifying the nature of the activity and the factual and legal basis for his or her determination. The respondent to whom the order is directed shall immediately, upon receipt of the order, cease the activity described in the order. (

b) The respondent may, within days after service of the order to desist and refrain, file a request for a hearing. If, with the request for hearing, the respondent also files a written verification that the order of the commissioner precludes him or her from further engaging in a substantial proportion of his or her business, the commissioner shall, within days thereafter, file an action in superior court to restrain the respondent from continuing the activity or doing any act in furtherance thereof pending the completion of a hearing pursuant to

Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code. If the commissioner fails to bring the action in superior court within the time prescribed by this section, or if the court refuses to restrain the respondent pending the decision of the commissioner following the administrative hearing, the respondent may resume the activities in question pending the rendering of the decision of the commissioner following the administrative hearing. (

c) The administrative hearing shall be commenced by the commissioner within days after receipt of respondent’s request unless the respondent agrees to a postponement. If the hearing is not commenced within days after receipt of respondent’s request or on the date to which continued with respondent’s consent, or if the commissioner does not render a decision within days after receipt of the proposed decision following the hearing, the order shall be deemed rescinded. (

d) The provisions of

Section 11019, and not the provisions of this section, shall apply in the case of an activity which the commissioner determines to be in violation of

Article 8 (commencing with

Section 10249) of

Chapter or of a regulation of the commissioner for implementation of any provision of that article.