§ 30-14-220 — Enforcement By Department

Montana § 30-14-220

• Jurisdiction: Montana
• Title 30: TRADE AND COMMERCE
• Ch. 14: UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION
• Part 2: Unfair Trade Practices Generally

Text

30-14-220 . Enforcement by department. (1) The department may prevent a person from violating any of the provisions of this part.
(2) Upon receiving notice that a person is violating or has violated any of the provisions of this part, the department shall immediately direct the person giving the notice either to appear before the department or to make a written reply to show probable cause of a violation. If probable cause is shown, the department may make its own investigation.
(3) (a) If the department, after an investigation, has reason to believe that the person has been or is engaging in any course of conduct or doing any act in violation of this part or if it appears to the department that a proceeding by the department would be in the interest of the public, the department may issue and serve upon the person a complaint stating the charges and containing a notice of a hearing, the location of the hearing, and the date of the hearing, which may not be less than 5 days after the service of the complaint.
(b) A complaint may be amended by the department at any time 5 days prior to the issuance of an order based on the complaint.
(c) A person who is the subject of a complaint may appear at the hearing and show cause why an order should not be entered by the department requiring the person to stop the violation of the law charged in the complaint.
(d) Any person may apply and upon showing good cause be allowed by the department to intervene and appear in the proceeding by counsel or in person.
(e) The testimony in the proceeding must be reduced to writing and filed with the department.
(f) If upon the conclusion of the hearing the department determines that the act or conduct in question is prohibited by this part, the department shall make findings of fact in writing and issue and cause to be served on the person charged an order requiring the person to stop the act or conduct.
(g) Until a transcript of the record in the hearing has been filed in a district court, the department may at any time, upon the notice and in the manner the department considers proper, modify or set aside, in whole or in part, a report or an order made or issued by the department under this section.
(4) A court reviewing an order of the department may issue writs that are ancillary to the court's jurisdiction or that are necessary to prevent injury to the public or to competitors pending the outcome of the suit.
(5) To the extent that the order of the department is affirmed, the court shall issue an order requiring compliance with the terms of the order of the department.
(6) Proceedings under this section must be given precedence over other civil cases pending in the district court and must be in every way expedited.
(7) A person who violates an order of the department after it has become final and while the order is in effect shall forfeit and pay to the department a penalty of not more than $10,000 for each violation.
(8) The remedies and method of enforcement of this part provided for in this section are concurrent and in addition to the other remedies provided in this part.

Legislative History

En. Sec. 12, Ch. 80, L. 1937; amd. Sec. 1, Ch. 50, L. 1939; amd. Sec. 1, Ch. 142, L. 1967; amd. Sec. 121, Ch. 431, L. 1975; Sec. 51-113, R.C.M. 1947; amd. and redes. 51-519 by Sec. 19, Ch. 518, L. 1977; R.C.M. 1947, 51-519; amd. Sec. 9, Ch. 322, L. 2003; amd. Sec. 7, Ch. 280, L. 2005.