2019 US Virgin Islands Code
Title 12A - Consumer Code
Chapter 7 - Uniform Debt Services Management
§ 433. Administrative remedies
(a) The Lieutenant Governor may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions:
(1) ordering a provider or a director, employee, or other agent of a provider to desist from any violations;
(2) ordering a provider or a person that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;
(3) subject to adjustment of the dollar amount pursuant to section 432(f), imposing on a provider or a person that has caused a violation a civil penalty not exceeding $10,000 for each violation;
(4) prosecuting a civil action to:
(A) enforce an order;
(B) obtain restitution or an injunction or other equitable relief, or both; or
(5) intervening in an action brought under section 435.
(b) Subject to adjustment of the dollar amount pursuant to section 432(f), if a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under subsection (a)(1) or (2), the Lieutenant Governor may impose a civil penalty not exceeding $20,000 for each violation.
(c) The Lieutenant Governor may maintain an action to enforce this chapter in any judicial division.
(d) The Lieutenant Governor may recover the reasonable costs of enforcing the chapter under subsections (a) through (c), including attorney's fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
(e) In determining the amount of a civil penalty to impose under subsection (a) or (b), the Lieutenant Governor shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public, the net worth of the violator, and any other factor the Lieutenant Governor considers relevant to the determination of the civil penalty.
