§ 37-21-90 — Administrative orders; Attorney General investigations; civil penalties.

(A) The administrator, upon finding a violation of this chapter, may issue an administrative order requiring the person to cease and desist, to return property or money received in violation of this chapter and imposing penalties of up to five thousand dollars for each violation. The department may bring a civil action seeking similar relief, including injunctive relief, pursuant to subsection (B). Monies received in enforcement of this chapter shall be retained by the department for administration of this title. (B)(1) The Attorney General may investigate and enforce violations of this chapter. The Attorney General, may bring an action to enjoin a violation of this chapter by any person and to recover damages for an aggrieved person or persons in the amount of five thousand dollars for each violation. (2) If the court finds a wilful violation, the court, in its discretion, also may award a civil penalty of not more than five thousand dollars for each violation. Civil penalties awarded pursuant to this section in an action brought in the name of the State by the Attorney General must be paid to the general fund. (3) In an action brought pursuant to this section, the Attorney General may recover reasonable expenses incurred by the State or local governmental agency or department in investigating and preparing the case, and attorneys' fees.

Legislative History

HISTORY: 2018 Act No. 218 (H.4628), SECTION 1, eff May 18, 2018.