(1) In consultation with the State Board of Private Career Education or its director acting for the board, if the Division of Higher Education has probable cause to believe that a person, agent, group, or entity has committed any acts that would be in violation of this subchapter such as fraud, misrepresentation, or unethical practices, the division shall first give notice in writing by certified mail or in person to the agency or entity affected.
(2) The person, agent, or entity will have ten (10) days in which to respond to the notice of violation, unless the division deems an emergency exists, in which case the entity will have up to twenty-four (24) hours in which to respond.
(3) If action on the part of the person, agent, or entity in response to a notice is to seek to eliminate the violation, a further extension of time may be granted by the division.
(4) Otherwise, the division may order a cease and desist of such acts after a formal hearing, or the division shall have the duty to request the Attorney General or district prosecuting attorney in the county where the offense was committed to seek in a court of competent jurisdiction an injunction restraining the commission of such acts.