2005 Idaho Code - 67-2755 — INJUNCTIONS -- OTHER REMEDIES

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 27
                            DEPARTMENT OF FINANCE
    67-2755.  INJUNCTIONS -- OTHER REMEDIES. Whenever it appears to the
director that any person has engaged or is about to engage in any act or
practice constituting a violation of any provision of this act or any rule or
order hereunder, he may in his discretion:
    (1)  Order the person to cease and desist from the violation or attempted
violation of any provision of this act, rule or order hereunder, if, in the
determination of the director, it is necessary to protect any financial
institution or the public, or a person is violating or is about to violate
this act, or other good cause justifies the same, without prior notice to the
person or opportunity for hearing.
    (2)  Order the person to cease and desist from the violation or attempted
violation of any provision of this act, rule or order hereunder and, after
giving reasonable notice and opportunity for a hearing, issue the following:
    (a)  An order restoring to any financial institution or person in interest
    any consideration, funds or property which may have been acquired or
    transferred in violation of this act;
    (b)  An order that the person violating this act, or any rule or order
    hereunder, pay a civil penalty to the department of finance in an amount
    not to exceed five thousand dollars ($5,000) for each violation. In the
    event a person violating this act knowingly accepts money representing (i)
    equity in a person's home, (ii) a withdrawal from any individual
    retirement account or similar account or (iii) a withdrawal from any
    qualified retirement plan as defined in the Internal Revenue Code, that
    person may be ordered by the director to pay a civil penalty to the
    department of finance in an amount not to exceed ten thousand dollars
    ($10,000) for each violation.
    (c)  In addition to the penalties set forth in paragraph (b) of this
    subsection, in the event a person violating this act has knowledge that
    the victim is an elder or dependent  adult, that person may be ordered by
    the director to pay a civil penalty to the department of finance in an
    amount not to exceed ten thousand dollars ($10,000) for each violation.
    As used in this section, "elder" means any person who is sixty-five (65)
    years of age or older. As used in this section, "dependent adult" means
    any person who is between the ages of eighteen (18) and sixty-four (64)
    years, who has physical or mental limitations which restrict the person's
    ability to carry out normal activities or to protect the person's rights
    including, but not limited to, persons who have physical or developmental
    disabilities or whose physical or mental abilities have diminished because
    of age or illness;
    (d)  An order that the person violating this act, or any rule or order
    hereunder, pay costs, which in the discretion of the director may include
    an amount representing reasonable attorney's fees and reimbursements of
    investigative efforts; or
    (e)  An order granting other appropriate remedies.
    (3)  Enter into a consent order, or other administrative order or
agreement, setting forth requirements, limitations and restrictions on the
future conduct or practices of a person violating this act.  A consent order,
or other administrative order or agreement entered into pursuant to this act,
may include assessment of any of the penalties authorized in subsection (2) of
this section.
    (4)  Bring an action in any court of competent jurisdiction to enjoin any
such acts or practices and to enforce compliance with this act or any rule or
order hereunder. Upon a showing that a person has engaged or is about to
engage in any act or practice constituting a violation of this act or any rule
hereunder, a permanent or temporary injunction, restraining order or writ of
mandamus shall be granted. The director shall not be required to furnish a
bond.
    (5)  In addition to the remedies in subsection (4) of this section, the
director, in his discretion and upon a showing in any court of competent
jurisdiction that a person has violated the provisions of this act or any rule
or order hereunder, may be granted the following additional remedies:
    (a)  An order restoring to any financial institution or to any person in
    interest any consideration, funds or property which may have been acquired
    or transferred in violation of this act;
    (b)  An order that the person violating this act, rules or any order
    hereunder pay a civil penalty to the department of finance in an amount
    not to exceed ten thousand dollars ($10,000) for each violation;
    (c)  An order awarding the director all costs incurred, which in the
    discretion of the court may include an amount representing reasonable
    attorney's fees and reimbursements for investigative efforts; or
    (d)  An order granting other appropriate remedies.
    (6)  Liability for sanctions, both civil and criminal, and personal
jurisdiction shall extend to all persons who engaged in violations or
attempted violations or who aided and abetted others or conspired with others
in violations or attempted violations of this act and rules and orders
hereunder. Officers and directors of corporations shall not be exempt from
actions brought for violations, merely because of their capacity as officers
or directors, if they have participated in acts making the violations possible
or if they have actual or constructive knowledge of violations by the
corporation while acting as an officer, director or member.