8-1727. Violations of code; civil remedies.

241 words·~1 min read·/ne/chapter-8/8-1727

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Upon a proper showing by the director that a person has violated or is about to violate any provision of the Commodity Code or any rule, regulation, or order of the director, the court may grant appropriate legal or equitable remedies.

(2)Upon a showing of a violation of the Commodity Code or a rule, regulation, or order of the director, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:

(a)Imposition of a civil penalty in an amount which may not exceed twenty-five thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings;

(b)Disgorgement;

(c)Declaratory judgment;

(d)Restitution to investors wishing restitution; and

(e)Appointment of a receiver or conservator for the defendant or the defendant's assets.

(3)Appropriate remedies when the defendant is shown only about to violate the Commodity Code or a rule, regulation, or order of the director shall be limited to:

(a)A temporary restraining order;

(b)A temporary or permanent injunction;

(c)A writ of prohibition or mandamus; or

(d)An order appointing a receiver or conservator for the defendant or the defendant's assets.

(4)The court shall not require the director to post a bond in any official action under the Commodity Code.