48-614. FAILURE TO OBEY ATTORNEY GENERAL — APPLICATION TO DISTRICT COURT. (1) If any person fails or refuses to file any statement or report, or obey any subpoena or investigative demand issued by the attorney general, the attorney general may, after notice, apply to a district court of the county in which the person resides or has a principal place of business, or if the person does not reside in or have a principal place of business in this state, the attorney general may apply to any district court in this state and, after hearing thereon, request an order:
(a) Ordering such person to file such statement or report, or to comply with the subpoena or investigative demand issued by the attorney general;
(b) Granting injunctive relief to restrain the person from engaging in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation; and
(c) Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand.
(2) The court shall award the prevailing party reasonable expenses and attorney fees incurred in obtaining an order under the provisions of this section if the court finds that the attorney general’s request for an order under this section or a person’s resistance to filing any statement or report, or obeying any subpoena or investigative demand, was without a reasonable basis in fact or law.
(3) Any disobedience of any final order entered under the provisions of this section by any court shall be punished as a contempt thereof. Contempt penalties sued for and recovered by the attorney general shall be remitted to the consumer protection account created in section 48-606, Idaho Code, and shall be used for the furtherance of the attorney general’s duties and activities under the provisions of this chapter.
History:
[48-614, added 1971, ch. 181, sec. 15, p. 847; am. 1990, ch. 273, sec. 9, p. 773; am. 1991, ch. 243, sec. 4, p. 594; am. 1993, ch. 102, sec. 5, p. 260.]
Structure Idaho Code
Title 48 - MONOPOLIES AND TRADE PRACTICES
Chapter 6 - CONSUMER PROTECTION ACT
Section 48-601 - SHORT TITLE AND PURPOSE.
Section 48-603 - UNFAIR METHODS AND PRACTICES.
Section 48-603A - UNFAIR SOLICITATION PRACTICES.
Section 48-603B - UNFAIR TAX RETURN PREPARATION PRACTICES.
Section 48-603C - UNCONSCIONABLE METHODS, ACTS OR PRACTICES.
Section 48-603E - UNFAIR BULK ELECTRONIC MAIL ADVERTISEMENT PRACTICES.
Section 48-603F - MORTGAGE LOAN MODIFICATION FEES.
Section 48-603G - CANCELLATION OF SUBSCRIPTIONS.
Section 48-604 - INTENT OF LEGISLATURE — ATTORNEY GENERAL TO MAKE RULES AND REGULATIONS.
Section 48-605 - EXCEPTIONS TO CHAPTER.
Section 48-606 - PROCEEDINGS BY ATTORNEY GENERAL.
Section 48-607 - ADDITIONAL RELIEF BY COURT AUTHORIZED.
Section 48-608 - LOSS FROM PURCHASE OR LEASE — ACTUAL AND PUNITIVE DAMAGES.
Section 48-610 - VOLUNTARY COMPLIANCE — DISTRICT COURT APPROVAL.
Section 48-611 - INVESTIGATIVE DEMAND BY ATTORNEY GENERAL — REPORT REQUIRED.
Section 48-612 - ADDITIONAL POWERS OF ATTORNEY GENERAL.
Section 48-613 - SERVICE OF NOTICE.
Section 48-614 - FAILURE TO OBEY ATTORNEY GENERAL — APPLICATION TO DISTRICT COURT.
Section 48-615 - VIOLATION OF INJUNCTION — CIVIL PENALTY.
Section 48-616 - FORFEITURE OF CORPORATE FRANCHISE.
Section 48-617 - LOCAL LAW ENFORCEMENT OFFICIALS — DUTIES.