§ 13-12-17 — Orders and injunctions

North Dakota § 13-12-17

• Jurisdiction: North Dakota
• Title 13: Debtor and Creditor Relationship
• Ch. 13-12: Residential Mortgage Lenders

Text

Whenever it appears to the department of financial institutions either upon complaint or
otherwise, that any person has engaged in, is engaging in, or is about to engage in any act or
practice or transaction which is prohibited by this chapter, or by any order of the department
issued pursuant to any section of this chapter or which is declared to be illegal in this chapter,
the department may, in its discretion:
1. Issue any order which is effective upon issuance, including cease and desist, stop, and
suspension orders, which it deems necessary or appropriate in the public interest or
for the protection of the public, provided that any person aggrieved by an order issued
pursuant to this subsection may request a hearing before the department if a request
is made within ten days after receipt of the order. A hearing to appeal must be held in
accordance with chapter 28-32.
2. Apply to the district court of Burleigh County for an injunction restraining the person
and the agents, employees, partners, officers, and directors of the person from
continuing the act, practice, or transaction of engaging or doing any acts in furtherance
thereof, and for such other and further relief as the facts may warrant. In any
proceeding for an injunction, the department may apply for and on due showing be
entitled to have issued the court's subpoena requiring the appearance forthwith of any

defendants and their agents, employees, partners, officers, or directors, and the
production of such documents, books, and records as may appear necessary for the
hearing upon the petition for an injunction. Upon proof of any of the offenses described
in this section, the court may grant such injunction as the facts may warrant. The court
may not require the department to post a bond.