N.D. Cent. Code § 13-04.1-10
13-04.1-10. Orders and injunctions
13-04.1-10. Orders and injunctions
Whenever it appears to the department of financial institutions either upon complaint or
otherwise, that any person has engaged in, is engaging in, or is about to engage in any act or
practice or transaction which is prohibited by this chapter, or by any order of the department
issued pursuant to any section of this chapter or which is declared to be illegal in this chapter,
the department may, in its discretion:
1. Issue any order which is effective upon issuance, including cease and desist, stop,
and suspension orders, which it deems necessary or appropriate in the public interest
or for the protection of the public; provided, however, that any person aggrieved by an
order issued pursuant to this subsection may request a hearing before the department
if such request is made within ten days after receipt of the order. Such hearing must be
held in accordance with chapter 28-32 as must any appeal therefrom.
2. Apply to the district court of Burleigh County, for an injunction restraining such person
and the agents, employees, partners, officers, and directors of such person from
continuing such act, practice, or transaction of engaging therein or doing any acts in
furtherance thereof, and for such other and further relief as the facts may warrant. In
any proceeding for an injunction, the department may apply for and on due showing be
entitled to have issued the court's subpoena requiring the appearance forthwith of any
defendants and their agents, employees, partners, officers, or directors, and the
production of such documents, books, and records as may appear 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 such injunction as the facts may warrant. The court
may not require the department to post a bond.