2005 Idaho Code - 26-1116 — CIVIL ENFORCEMENT

                                  TITLE  26
                              BANKS AND BANKING
                                  CHAPTER 11
                     SUPERVISION BY DEPARTMENT OF FINANCE
    26-1116.  CIVIL ENFORCEMENT. (1) If the director believes that any person,
not authorized to engage in banking business or trust business by the laws of
this state or the United States, has engaged or is about to engage in any act
or practice constituting a violation of any provision of the Idaho bank act or
any rule or order hereunder, the director may:
    (a)  Issue a cease and desist order;
    (b)  Issue an order, pursuant to chapter 52, title 67, Idaho Code,
    imposing a civil penalty in an amount which may not exceed twenty-five
    thousand dollars ($25,000) for any single violation or one hundred
    thousand dollars ($100,000) for multiple violations in a single proceeding
    or a series of related proceedings; or
    (c)  Initiate any of the actions specified in subsection (2) of this
    section.
    (2)  The director may institute any of the following actions in the
appropriate courts of this state, or in the appropriate courts of another
state, in addition to any legal or equitable remedies otherwise available:
    (a)  An action for a declaratory judgment;
    (b)  An action for a permanent or temporary injunction, restraining order
    or writ of mandamus to enjoin the violation and to ensure compliance with
    the provisions of the Idaho bank act or any rule or order of the director;
    (c)  An action for disgorgement and other equitable remedies; and
    (d)  An action for appointment of a receiver or conservator for the
    defendant or the defendant's assets.