§ 4.1-18.1-12 — Remedies - Injunction - Other relief - Receiver - Cease and desist orders - Civil penalties - Costs recoverable in adjudicative proceedings

North Dakota § 4.1-18.1-12

• Jurisdiction: North Dakota
• Title 4.1: Agriculture
• Ch. 4.1-18.1: Hemp

Text

Civil penalties - Costs recoverable in adjudicative proceedings.
1. If the commissioner reasonably suspects a person is about to engage in, has engaged
in, or is engaging in a practice in violation of this chapter, the commissioner may seek
and obtain in an action in a district court an injunction enjoining the person from
engaging in the violation, continuing the violation, or doing any act in furtherance of the
violation after proper notice to the person. The notice must state generally the relief
sought and be served at least ten days before the hearing of the action.
2. If the commissioner reasonably suspects a person is about to engage in, has engaged
in, or is engaging in a violation of this chapter, and the person is about to conceal
assets that may have been acquired in violating this chapter, conceal oneself, or leave
the state, the commissioner may apply to the district court, ex parte, for an order
appointing a receiver of the assets of the person.
3. Upon a showing made by affidavit or other evidence that shows reasonable grounds
the person is about to engage in, has engaged in, or is engaging in a violation of this
chapter and the person is about to conceal assets that may have been acquired in
violating this chapter, conceal oneself, or leave the state, the court shall order the
appointment of a receiver to receive the assets of the person. From the received
assets, the court may make an order or judgment necessary to restore to another
person who has suffered damages due to another person violating this chapter any
money or property.
4. If the commissioner reasonably suspects a person is about to engage in, has engaged
in, or is engaging in a violation of this chapter, or by an order of the commissioner
issued under this chapter, the commissioner, without notice and hearing, may issue a
cease and desist order.
a. In addition to any other remedy authorized by this chapter, the commissioner may
impose by order and collect a civil penalty against a person found in an
adjudicative proceeding to have violated a cease and desist order issued
pursuant to this section, in an amount not more than five thousand dollars for
each violation.
b. The person may request a hearing before the commissioner if a written request is
made within ten days after the receipt of the order. Unless otherwise specifically
provided, an adjudicative proceeding under this section must be conducted in
accordance with chapter 28-32.

c. If the commissioner prevails in an adjudicative proceeding pursuant to this
section, the commissioner may assess the nonprevailing person for all
adjudicative proceeding and hearing costs, including reasonable attorney's fees,
investigation expenses, costs, and other expenses of the investigation and action.