§ 19-14.8-37 - Statute of limitations.
SECTION 19-14.8-37
§ 19-14.8-37 Statute of limitations.– (a) An action or proceeding brought pursuant to subsection 19-14.8-33(a), (b),or (c) must be commenced within four (4) years after the conduct that is thebasis of the director's complaint.
(b) An action brought pursuant to § 19-14.8-35 must becommenced within two (2) years after the latest of:
(1) The individual's last transmission of money to a provider;
(2) The individual's last transmission of money to a creditorat the direction of the provider;
(3) The provider's last disbursement to a creditor of theindividual;
(4) The provider's last accounting to the individual pursuantto subsection 19-14.8-27(a);
(5) The date on which the individual discovered or reasonablyshould have discovered the facts giving rise to the individual's claim; or
(6) Termination of actions or proceedings by the directorwith respect to a violation of the chapter.
(c) The period prescribed in subsection (b)(5) of thissection is tolled during any period during which the provider or, if different,the defendant has materially and willfully misrepresented information requiredby this chapter to be disclosed to the individual, if the information somisrepresented is material to the establishment of the liability of thedefendant under this chapter.