2005 Idaho Code - 30-920 — REMEDIES

                                  TITLE  30
                                 CORPORATIONS
                                  CHAPTER 9
                               IDAHO ESCROW ACT
    30-920.  REMEDIES. (1) Whenever it appears to the director that any person
has engaged in or is about to engage in any act or practice constituting a
violation of any provision of this chapter or any rule or order thereunder, is
conducting its business in an unsafe and injurious manner, or that its capital
or assets are impaired, the director may in his discretion:
    (a)  Order the person to cease and desist from the violation of any
    provision of this chapter, rule or order thereunder;
    (b)  Issue an order revoking or suspending the licensee's escrow agency
    license;
    (c)  After notice and the opportunity for a hearing, except as otherwise
    provided in this chapter, issue an order imposing a civil penalty not to
    exceed five thousand dollars ($5,000) for each violation of this chapter
    or any rule or order thereunder.
    (2)  In addition to such remedies, the director may bring an action in the
fourth district court in and for Ada county or in such other court as the
director deems appropriate. Upon a proper showing, the court may:
    (a)  Grant a temporary restraining order, followed by a preliminary
    injunction and a permanent injunction for the department or receiver to
    exercise control of, operate or liquidate an escrow agency's business in
    this state, or such other injunctive relief as appropriate; and
    (b)  Except as otherwise provided by this chapter, impose a civil penalty
    not to exceed five thousand dollars ($5,000) for each violation.
    (3)  The court may not require the director to post a bond.

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