§ 43-09-23 — Criminal penalty - Civil proceedings

A person that violates any of the provisions of this chapter is guilty of a class B
misdemeanor. In addition to criminal proceedings, the board may commence administrative or
civil court proceedings as follows:
1. The board may issue a cease and desist order against a person allegedly making or
offering to make installations in violation of section 43-09-09 or 43-09-09.2 based upon
information provided to the board by its inspectors or other persons, by investigation
reports, affidavits, complaints of witnesses, or oral testimony given to the board at a
regular or special board meeting. Violation of the cease and desist order may be
considered by the court in issuing a temporary or permanent restraining order and in

ordering the payment of costs and attorney's fees in proceedings authorized under this
section.
2. The board may apply to the district court in the county in which the violations have
occurred for a temporary or permanent injunction under chapter 32-06, enjoining
persons from performing, advertising, or contracting for making installations without a
valid license issued by the board in violation of section 43-09-09 or 43-09-09.2. The
court may not require a written undertaking, security, or bond as a basis for issuing any
temporary or permanent restraining order under this section unless the court
specifically orders and states the basis for requiring the security. Upon a determination
that a violation of section 43-09-09 or 43-09-09.2 has occurred, the court may assess
against the defendants the actual costs incurred and reasonable attorney's fees
necessary for the investigation and court proceedings against the unlicensed person.
3. After an administrative hearing has been conducted by the board under chapter 28-32,
an appeal from an order of the board or from the assessment of costs and attorney's
fees may be taken to the district court under chapter 28-32.