§ 13-08-15 — Violations - Cease and desist orders - Penalties

Except as otherwise provided in this chapter, any person who willfully provides deferred
presentment services without a license is guilty of a class C felony and any person who violates

any other provisions of this chapter or any rule adopted to implement this chapter is guilty of an
infraction. If the commissioner finds, whether without a hearing or after a hearing if a hearing is
requested within twenty days of notice of an action by the commissioner under this section, that
a person violated this chapter or any rule adopted to implement this chapter, the commissioner
may do any one or more of the following:
1. Order the person to cease and desist violating this chapter or the rule.
2. Require the refund of any fees collected by the person in violation of this chapter.
3. Impose a civil penalty not to exceed five thousand dollars per violation upon a person
or agency who willfully violates a law, rule, written agreement, or order under this
chapter. An interested party may appeal the assessment of a civil money penalty
under the provisions of chapter 28-32 by filing a written notice of appeal within twenty
days after service of the assessment of civil money penalties. A civil money penalty
collected under this section must be paid to the state treasurer and deposited in the
financial institutions regulatory fund.