TITLE 30

CORPORATIONS

CHAPTER 15

IDAHO COMMODITY CODE

30-1510.  Enforcement. (1) If the director believes, whether or not based upon an investigation conducted under section 30-1509, Idaho Code, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the director may:

(a)  Issue a cease and desist order;

(b)  Issue an order 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 this chapter 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.

History:

[30-1510, added 1989, ch. 414, sec. 1, p. 1012.]