§ 24-4.5-6-108 — Cease and desist orders; judicial review or enforcement proceedings; record; appeal; unconscionable or fraudulent conduct subject to injunction

Indiana § 24-4.5-6-108

• Jurisdiction: Indiana
• Art. 4.5: UNIFORM CONSUMER CREDIT CODE
• Ch. 6: Administration

Text

(1) After notice and an opportunity to be
heard, the department may order a creditor, or a person acting on behalf
of the creditor, to cease and desist from engaging in violations of this
article. A respondent aggrieved by an order of the department may
obtain judicial review of the order and the department may obtain an
order of the court for enforcement of its order in any civil court. The
proceeding for review or enforcement is initiated by filing a petition in
the court. Copies of the petition shall be served upon all parties of
record.
(2) Within thirty (30) days after service of the petition for review
upon the department, or within any further time the court may allow,
the department shall transmit to the court the original or a certified
copy of the entire record upon which the order is based, including any
transcript of testimony, which need not be printed. By stipulation of all
parties to the review proceeding, the record may be shortened. After
hearing the court may (a) reverse or modify the order if the findings of
fact of the department are clearly erroneous in view of the reliable,
probative, and substantial evidence on the whole record, (b) grant any
temporary relief or restraining order it deems just, and (c) enter an
order enforcing, modifying, and enforcing as modified, or setting aside
in whole or in part the order of the department, or remanding the case
to the department for further proceedings.
(3) An objection not urged at the hearing shall not be considered by
the court unless the failure to urge the objection is excused for good
cause shown. A party may move the court to remand the case to the
department in the interest of justice for the purpose of adducing
additional specified and material evidence and seeking finding thereon
upon good cause shown for the failure to adduce this evidence before
the department.
(4) The jurisdiction of the court shall be exclusive and its final
judgment or decree shall be subject to review by the court on appeal in
the same manner and form and with the same effect as in appeals from
a final judgment or decree. The department's copy of the testimony
shall be available at reasonable times to all parties for examination
without cost.
(5) A proceeding for review under this section must be initiated
within thirty (30) days after a copy of the order of the department is
received. If no proceeding is so initiated, the department may obtain a
decree of the civil court for enforcement of its order upon a showing
that an order was issued in compliance with this section, that no
proceeding for review was initiated within thirty (30) days after copy
of the order was received, and that the respondent is subject to the
jurisdiction of the court.
(6) With respect to unconscionable agreements or fraudulent or
unconscionable conduct by the respondent, the department may not
issue an order pursuant to this section but may bring a civil action for
an injunction (IC 24-4.5-6-111).
Formerly: Acts 1971, P.L.366, SEC.7. As amended by
P.L.14-1992, SEC.50; P.L.35-2010, SEC.70.