2005 Idaho Code - 48-614 — FAILURE TO OBEY ATTORNEY GENERAL -- APPLICATION TO DISTRICT COURT

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 6
                           CONSUMER PROTECTION ACT
    48-614.  FAILURE TO OBEY ATTORNEY GENERAL -- APPLICATION TO DISTRICT
COURT. (1) If any person fails or refuses to file any statement or report, or
obey any subpoena or investigative demand issued by the attorney general, the
attorney general may, after notice, apply to a district court of the county in
which the person resides or has a principal place of business, or if the
person does not reside in or have a principal place of business in this state,
the attorney general may apply to any district court in this state and, after
hearing thereon, request an order:
    (a)  Ordering such person to file such statement or report, or to comply
    with the subpoena or investigative demand issued by the attorney general;
    (b)  Granting injunctive relief to restrain the person from engaging in
    the advertising or sale of any merchandise or the conduct of any trade or
    commerce that is involved in the alleged or suspected violation; and
    (c)  Granting such other relief as may be required, until the person files
    the statement or report, or obeys the subpoena or investigative demand.
    (2)  The court shall award the prevailing party reasonable expenses and
attorney fees incurred in obtaining an order under the provisions of this
section if the court finds that the attorney general's request for an order
under this section or a person's resistance to filing any statement or report,
or obeying any subpoena or investigative demand, was without a reasonable
basis in fact or law.
    (3)  Any disobedience of any final order entered under the provisions of
this section by any court shall be punished as a contempt thereof. Contempt
penalties sued for and recovered by the attorney general shall be remitted to
the consumer protection account created in section 48-606, Idaho Code, and
shall be used for the furtherance of the attorney general's duties and
activities under the provisions of this chapter.