32-7-122. Investigations by director -- desist order -- injunctions or other actions.
32-7-122. Investigations by director -- desist order -- injunctions or other actions. (1) The director may investigate, upon complaint or otherwise, if it appears that:
(a) an escrow business is conducting its business in an unsafe and injurious manner or in violation of this part or any rule promulgated pursuant to this part; or
(b) a person is engaging in the escrow business without being licensed under the provisions of this part.
(2) (a) If it appears to the director, upon sufficient grounds or evidence satisfactory to the director, that an escrow business has engaged or is about to engage in any act or practice in violation of this part or any rule or order issued pursuant to this part or that the assets or capital of any escrow business or company are impaired or the licensee's affairs are in an unsafe condition, the director may summarily order the escrow business to cease and desist from the act or practice or the director may apply to the district court of the first judicial district of Lewis and Clark County to enjoin the act or practice and to enforce compliance with this part or for any other appropriate equitable relief.
(b) Upon a proper showing, the court may:
(i) grant a temporary restraining order, followed by a preliminary injunction and a permanent injunction;
(ii) appoint a receiver for the defendant or defendant's assets;
(iii) cancel the licensee's license; and
(iv) order other equitable remedies the court considers necessary and appropriate.
(3) The court may not require the director to post a bond.
History: En. Sec. 13, Ch. 651, L. 1989.