Civil penalties - Costs recoverable in adjudicative proceedings.
Whenever it appears to the attorney general that a person has engaged in, or is engaging
in, any practice declared to be unlawful by this chapter, or by other provisions of law, including
chapter 50-22, 51-13, 51-14, 51-16.1, or 51-18, the attorney general may seek and obtain in an
action in a district court an injunction prohibiting that person from continuing the unlawful
practice or engaging in the unlawful practice or doing any act in furtherance of the unlawful
practice after appropriate notice to that person. The notice must state generally the relief sought
and be served at least ten days before the hearing of the action. The court may make an order
or judgment as may be necessary to prevent the use or employment by a
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Civil penalties - Costs recoverable in adjudicative proceedings.
Whenever it appears to the attorney general that a person has engaged in, or is engaging
in, any practice declared to be unlawful by this chapter, or by other provisions of law, including
chapter 50-22, 51-13, 51-14, 51-16.1, or 51-18, the attorney general may seek and obtain in an
action in a district court an injunction prohibiting that person from continuing the unlawful
practice or engaging in the unlawful practice or doing any act in furtherance of the unlawful
practice after appropriate notice to that person. The notice must state generally the relief sought
and be served at least ten days before the hearing of the action. The court may make an order
or judgment as may be necessary to prevent the use or employment by a person of any
unlawful practices, or which may be necessary to restore to any person in interest any money,
or property that may have been acquired by means of any practice in this chapter, or in other
provisions of law, including chapter 50-22, 51-13, 51-14, 51-16.1, or 51-18, declared to be
unlawful, including the appointment of a receiver.
When it appears to the attorney general that a person has engaged in, or is engaging in, a
practice declared to be unlawful by this chapter, or by other provisions of law, including chapter
50-22, 51-13, 51-14, 51-16.1, or 51-18, and that the person is about to conceal assets or
oneself or leave the state, the attorney general may apply to the district court, ex parte, for an
order appointing a receiver of the assets of that person. Upon a showing made by affidavit or
other evidence that the person has engaged in, or is engaging in, a practice declared to be
unlawful by this chapter and that the person is about to conceal assets or oneself or leave the
state, the court shall order the appointment of a receiver to receive the assets of the person.
When it appears to the attorney general that a person has engaged in, or is engaging in, a
practice declared to be unlawful by this chapter, or by other provisions of law, including chapter
50-22, 51-12, 51-13, 51-14, 51-16.1, or 51-18, or by an order of the attorney general issued
under this chapter, the attorney general, without notice and hearing, may issue any cease and
desist order, which the attorney general deems necessary or appropriate in the public interest,
including if a person fails or refuses to file a statement or report, or to obey a subpoena issued
by the attorney general under this chapter, or under other provisions of law, including chapter
50-22, 51-12, 51-13, 51-14, 51-16.1, or 51-18. In addition to any other remedy authorized by
this chapter, or by other provisions of law, including chapter 50-22, 51-12, 51-13, 51-14,
51-16.1, or 51-18, the attorney general 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 one thousand dollars for each violation.
The attorney general may bring an action in district court to recover penalties under this section.
A person aggrieved by an order issued under this section may request a hearing before the
attorney general if a written request is made within ten days after the receipt of the order. An
adjudicative proceeding under this section must be conducted in accordance with chapter
28-32, unless otherwise specifically provided herein. If the attorney general prevails in an
adjudicative proceeding pursuant to this section, the attorney general may assess the
nonprevailing person for all adjudicative proceeding and hearing costs, including reasonable
attorney's fees, investigation fees, costs, and expenses of any investigation and action.