502.604  Cease and desist orders--injunctions.

If it appears to the administrator that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or any rule or order adopted or issued pursuant to this chapter, the administrator may do either or both of the following:

1.  Issue an order directed at the person requiring the person to cease and desist from engaging in such act or practice.

2.  Bring an action in the district court to enjoin the act or practice and to enforce compliance with this chapter or a rule or order adopted or issued pursuant to this chapter. Upon a proper showing, the court may do all of the following:

a.  Grant a permanent or temporary injunction, restraining order, asset freeze, accounting, writ of attachment, writ of general or special execution, writ of mandamus, or other equitable or ancillary relief.

b.  Appoint a receiver or conservator for the defendant or the defendant's assets.

c.  Order the administrator to take charge and control of a party's property, including but not limited to managing rents and profits, collecting debts, and acquiring and disposing of property.

d.  Order the rescission, restitution, or disgorgement directed at any person who has engaged in an act constituting a violation of this chapter, or a rule or order adopted or issued pursuant to this chapter.

e.  Order the payment of prejudgment and postjudgment interest.

The administrator shall not be required to post a bond.

Section History: Early form

  [C31, 35, § 8581-c17; C39, § 8581.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 502.21(5); C77, 79, 81, § 502.604]

Section History: Recent form

  91 Acts, ch 40, §33; 96 Acts, ch 1025, § 14; 99 Acts, ch 166, §8

Internal References

  Referred to in §502.503, 502.504

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