1. (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:

   1. (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

   2. (b) upon a proper showing in an action brought under this section, the court may:

      1. (i) issue a permanent or temporary, prohibitory, or mandatory injunction;
      2. (ii) issue a restraining order or writ of mandamus or other extraordinary writ;
      3. (iii) enter a declaratory judgment;
      4. (iv) order disgorgement;
      5. (v) order rescission;
      6. (vi) impose a fine of not more than $50,000 for each violation of the chapter; or
      7. (vii) provide any other relief that the court considers appropriate.
2. (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