26-2924. ENFORCEMENT. (1) If it appears to the director that any person has committed or is about to commit a violation of any provision of this chapter or of any rule or order of the director, the director may:
(a) Issue a cease and desist order ordering such person to cease and desist violating or continuing to violate any provision of this chapter or any rule or order issued in accordance with this chapter; or
(b) Apply to the district court for an order enjoining such person from violating or continuing to violate any provision of this chapter or any rule or order and for injunctive or such other relief as the nature of the case may require.
(2) The director may enter into consent orders at any time with any person to resolve any matter arising under the provisions of this chapter. A consent order must be signed by the person to whom it is issued or a duly authorized representative, and must indicate agreement to the terms contained therein. A consent order need not constitute an admission by any person that any provision of this chapter or any rule or order promulgated or issued thereunder has been violated nor need it constitute a finding by the director that such person has violated any provision of this chapter or any rule or order promulgated or issued thereunder.
(3) Notwithstanding the issuance of a consent order, the director may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order unless the consent order by its terms expressly precludes the director from so doing.
History:
[26-2924, added 1994, ch. 410, sec. 1, p. 1294.]
Structure Idaho Code
Chapter 29 - MONEY TRANSMISSION
Section 26-2901 - SHORT TITLE.
Section 26-2902 - DEFINITIONS.
Section 26-2903 - LICENSE REQUIRED.
Section 26-2905 - LICENSE QUALIFICATIONS.
Section 26-2906 - PERMISSIBLE INVESTMENTS.
Section 26-2907 - LICENSE APPLICATION.
Section 26-2908 - BOND OR OTHER SECURITY DEVICE.
Section 26-2909 - APPLICATION FEE.
Section 26-2910 - ISSUANCE OF LICENSE.
Section 26-2911 - RENEWAL OF LICENSE AND ANNUAL REPORT.
Section 26-2912 - EXTRAORDINARY REPORTING REQUIREMENTS.
Section 26-2913 - CHANGES IN CONTROL OF A LICENSE.
Section 26-2914 - AUTHORITY TO CONDUCT EXAMINATIONS AND INVESTIGATIONS.
Section 26-2915 - MAINTENANCE OF RECORDS.
Section 26-2916 - CONFIDENTIALITY OF DATA SUBMITTED TO THE DIRECTOR.
Section 26-2917 - SUSPENSION OR REVOCATION OF LICENSES.
Section 26-2918 - AUTHORIZED REPRESENTATIVE CONTRACTS.
Section 26-2919 - AUTHORIZED REPRESENTATIVE CONDUCT.
Section 26-2920 - REVOCATION OR SUSPENSION OF AUTHORIZED REPRESENTATIVES.
Section 26-2921 - LICENSEE LIABILITY.
Section 26-2922 - HEARINGS — PROCEDURES.
Section 26-2923 - CIVIL PENALTIES.
Section 26-2924 - ENFORCEMENT.
Section 26-2925 - CRIMINAL PENALTIES.
Section 26-2926 - PROMULGATION OF RULES.
Section 26-2927 - SEVERABILITY.
Section 26-2928 - APPOINTMENT OF DIRECTOR AS AGENT FOR SERVICE OF PROCESS.