Code of Federal Regulations (alpha)

CFR /  Title 12  /  Part 1012  /  Sec. 1012.238 Notices of proceedings to terminate exemptions.

A proceeding to terminate a self-determining exemption under Sec. 1010.14 or an exemption order under Sec. 1010.15 or Sec. 1010.16 is commenced by issuance and service of a notice which shall contain:

(a) In the case of an exemption under Sec. 1010.14, an identification of the developer and subdivision to which this notice applies. In the case of an exemption under either Sec. 1010.15 or Sec. 1010.16, an identification of the exemption order to which the notice applies.

(b) A clear and concise statement of material facts, sufficient to inform the respondent with reasonable definiteness of the basis for the Director's determination that further exemption from the registration and disclosure requirements is not in the public interest or that the sales or leases do not meet the requirements for exemption, or both.

(c) A notice of hearing rights of the respondent under Sec. 1012.239 and of the procedures for invoking those rights.

(d) A notice that failure to file an answer conforming to the requirements of Sec. 1081.201(b) and (c) will result, in the case of a notice issued under Sec. 1010.14, in an order terminating eligibility for the exemption, or, in the case of a notice issued under either Sec. 1010.15 or Sec. 1010.16, in an order terminating the exemption order.