N.D. Cent. Code § 10-04-16

10-04-16. Orders, injunctions, and prosecutions for violations - Civil penalty

If it appears to the commissioner, either upon complaint or otherwise, that any person has

engaged in, or is engaging in, or is about to engage in any act or practice or transaction

prohibited by this chapter or by any order of the commissioner issued under this chapter or

which is declared to be illegal under this chapter, the commissioner may:

1. Issue any order, including cease and desist, rescission, stop, and suspension orders,

which the commissioner deems necessary or appropriate in the public interest or for

the protection of investors. An order of the commissioner is effective upon issuance.

The commissioner may, in addition to any other remedy authorized by this chapter,

impose by order and collect a civil penalty against any person found in an

administrative action to have violated any provision of this chapter, or any rule or order

adopted or issued under this chapter, in an amount not to exceed ten thousand dollars

for each violation. The commissioner may bring actions to recover penalties pursuant

to this section in district court. A person aggrieved by an order issued pursuant to this

subsection may request a hearing before the commissioner if a written request is

made within fifteen days after receipt of the order. If a request for hearing is made

under this subsection, the commissioner shall schedule a hearing within a reasonable

time. Subsections 3 and 4 of section 10-04-12 apply to any hearing conducted under

this subsection. If, after a hearing, the commissioner sustains an order previously

issued, the sustaining order is subject to appeal to the district court of Burleigh County

according to the procedures set forth in chapter 28-32. Any order issued under this

subsection is a final order if it is properly served and no hearing was requested within

the required timeline. If an order issued under this subsection is sustained or modified

after a hearing held in accordance with section 10-04-12, the order sustaining or

modifying that order is a final order. If the final order is not appealed in accordance

with the procedures set forth in chapter 28-32 or if the final order is sustained on

appeal, the commissioner may file a certified copy of the final order with the clerk of a

court of competent jurisdiction. The order so filed has the same effect as a judgment of

the court and may be recorded, enforced, or satisfied in the same manner as a

judgment of the court.

2. Apply to the district court of any county in this state for an injunction restraining the

person and the person's agents, employees, partners, officers, and directors from

continuing the act, practice, or transaction or engaging in or doing any acts that further

the practice or transaction, and for such other and further relief as the facts warrant. In

any proceeding for an injunction, the commissioner may apply for and on due showing

be issued the court's subpoena requiring the appearance of any defendant and the

defendant's agents, employees, partners, officers, or directors, and the production of

the documents, books, and records necessary for the hearing upon the petition for an

injunction. Upon proof of any of the offenses described in this section, the court may

grant the injunction as the facts warrant, and a receiver or conservator may be

appointed for the defendant or the defendant's assets, and the court may assess civil

penalties in an amount not to exceed ten thousand dollars for each violation of this

chapter, and any rules adopted or orders issued under this chapter. The court may not

require the commissioner to post a bond.

3. Refer any evidence available concerning the act, practice, or transaction to the

appropriate criminal prosecutor who may, with or without the reference, institute the

necessary criminal proceedings. The prosecutor may apply for and on due showing be
olation of this

chapter, and any rules adopted or orders issued under this chapter. The court may not

require the commissioner to post a bond.

3. Refer any evidence available concerning the act, practice, or transaction to the

appropriate criminal prosecutor who may, with or without the reference, institute the

necessary criminal proceedings. The prosecutor may apply for and on due showing be

issued the court's subpoena requiring the appearance of any defendant and the

defendant's agents, employees, partners, officers, and directors, and the production of

any documents, books, and records necessary for the prosecution of the criminal

proceedings.