(1) Whenever it appears to the council that any person has engaged, is engaging, or is about to engage in any act or practice constituting a violation of this chapter or any rule issued under authority of this chapter:
- (a) the council may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, or a court with jurisdiction in another state, to enjoin the acts or practices and to enforce compliance with this chapter or any rule under this chapter; and
(b) upon a proper showing in an action brought under this section, the court may:
- (i) issue a permanent or temporary, prohibitory, or mandatory injunction;
- (ii) issue a restraining order or writ of mandamus or other extraordinary writ;
- (iii) enter a declaratory judgment;
- (iv) order disgorgement;
- (v) order rescission;
- (vi) impose a fine of not more than $50,000 for each violation of the chapter; or
- (vii) provide any other relief that the court considers appropriate.
- (2) An indictment or information may not be returned nor may a civil complaint be filed under this chapter more than five years after discovery of the alleged violation.
Amended by Chapter 158, 2024 General Session