§ 9-32-16-13 — Secretary of state to maintain injunctive action; court remedy and relief; director not required to post bond; penalties

Indiana § 9-32-16-13

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 32: DEALER SERVICES
• Ch. 16: Administration and Legal Proceedings

Text

(a) If the secretary believes that a person has
engaged, is engaging, or is about to engage in an act, practice, or course
of business:
(1) that constitutes a violation of this article or a rule adopted or
order issued under this article; or
(2) that materially aids a violation of this article or a rule adopted
or order issued under this article;
the secretary or a designee of the secretary, in addition to any
administrative remedies, may maintain an action in the circuit or
superior court in the county where the investigation or inquiry in
question is being conducted to enjoin the act, practice, or course of
business and to enforce compliance with this article or a rule adopted
or order issued under this article.
(b) In an action under this section and on a proper showing, a court
may:
(1) issue a permanent or temporary injunction, restraining order,
or declaratory judgment;
(2) order other appropriate or ancillary relief, which may include:
(A) an asset freeze, accounting, writ of attachment, writ of
general or specific execution, and appointment of a receiver or
conservator;
(B) ordering a receiver or conservator appointed under clause
(A) to:
(i) take charge and control of the property of the respondent,
including investment accounts and accounts in a depository
institution, rents, and profits;
(ii) collect debts; and
(iii) acquire and dispose of property;
(C) imposing a civil penalty of up to ten thousand dollars
($10,000) per violation and an order of rescission, restitution,
or disgorgement directed to a person that has engaged in an act,
practice, or course of business constituting a violation of this
article or a rule adopted or order issued under this article; and
(D) ordering the payment of prejudgment and postjudgment
interest; or
(3) order other relief that the court considers appropriate.
(c) The director may not be required to post a bond in an action or
proceeding under this article.
(d) Penalties collected under this section shall be deposited in the
dealer enforcement account established by IC 9-32-7-2.

Legislative History

As added by P.L.92-2013, SEC.78.