26-2806. REMEDIES AVAILABLE TO THE DEPARTMENT. (1) Whenever it appears to the director that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order thereunder, he may in his discretion bring an action in any court of competent jurisdiction, and upon a proper showing for each there shall be granted any or all of the following:

(a) A writ or order restraining or enjoining, temporarily or permanently, any act or practice violating any provision of this chapter or any rule and regulation promulgated pursuant thereto and to enforce compliance under this chapter or any rule or order hereunder.

(b) An order that the person violating any provision of this chapter, rule or order hereunder pay a civil penalty to the department in an amount not to exceed five thousand dollars ($5,000) for each violation.

(c) An order allowing the director to recover costs which may include investigative expenses and attorney’s fees.

(d) An order granting a declaratory judgment that a particular act, practice or method is a violation of the provisions of this chapter.

(e) An order granting other appropriate remedies.

(2) If the director finds that a person has violated or is violating, or that there is reasonable cause to believe that a person is about to violate the provisions of this chapter, the director may order the person to cease and desist from the violations.

(3) Within thirty (30) days after an order is issued under subsection (2) of this section, the person to whom the order is directed may file with the director an application for a hearing on the order. If the director fails to commence a hearing within fifteen (15) business days after that application is filed or within a longer period to which the person consents, the order shall be considered rescinded. Upon the conclusion of the hearing, the director shall affirm, modify, or rescind the order. A person to whom an order is issued under subsection (3) of this section may petition for a judicial review of the order in conformance with the provisions of chapter 52, title 67, Idaho Code.

History:

[26-2806, added 1990, ch. 225, sec. 1, p. 601.]