Title 25, Chapter 8, Section 11
( 25-8-11)
(a) Whenever it appears to the Commissioner, either upon
investigation or otherwise, that any person has engaged in, is
engaging in, or is about to engage in any act, practice, or
transaction which is prohibited by this chapter or by any rule,
regulation, or order of the Commissioner promulgated or issued
pursuant to this chapter or which is declared to be unlawful under
this chapter, the Commissioner, in his discretion and if he deems it
to be appropriate in the public interest or for the protection of
the citizens of this state, may issue an order prohibiting the
person from continuing the act, practice, or transaction. (b) Other powers granted to the Commissioner for the enforcement of
this chapter include, but are not limited to, the following: (1) The Commissioner may institute actions or other legal
proceedings in any superior court of proper venue. Thereupon, the
superior court, among other appropriate relief, may issue
injunctions restraining persons and those acting in active concert
with them from engaging in acts prohibited by the Commissioner in
the enforcement of this chapter; (2) In addition to any other penalties provided in this chapter,
the Commissioner shall have authority to place a licensee on
probation for a period of time not to exceed one year or to impose
a monetary fine of up to $1,000.00, or to do both, for each and
every violation of this chapter or of the rules and regulations or
orders of the Commissioner promulgated pursuant thereto; and (3) The Commissioner or his designee shall have investigatorial
powers and shall be empowered to subpoena witnesses and to examine
them under oath. (c) All testimony, documents, and other evidence required to be
submitted to the Commissioner pursuant to this chapter shall be
privileged. |