Authority of Commissioner when violation is suspected; referral of violations to district attorney for criminal prosecution; civil action for injunctive relief.
1. Whether or not a complaint has been filed, the Commissioner may investigate a mortgage banker or other person if, for any reason, it appears that:
(a) The mortgage banker is conducting business in an unsafe and injurious manner or in violation of any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;
(b) The person is offering or providing any of the services of a mortgage banker or otherwise engaging in, carrying on or holding himself out as engaging in or carrying on the business of a mortgage banker without being licensed or exempt from licensing pursuant to the provisions of this chapter; or
(c) The person is violating any other provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.
2. If, upon investigation, the Commissioner has reasonable cause to believe that the mortgage banker or other person has engaged in any conduct or committed any violation described in subsection 1, the Commissioner may:
(a) Advise the district attorney of the county in which the conduct or violation occurred, and the district attorney shall cause the appropriate legal action to be taken against the mortgage banker or other person to enjoin the conduct or the operation of the business or prosecute the violation; and
(b) Bring a civil action to:
(1) Enjoin the mortgage banker or other person from engaging in the conduct, operating the business or committing the violation; and
(2) Enjoin any other person who has encouraged, facilitated, aided or participated in the conduct, the operation of the business or the commission of the violation, or who is likely to engage in such acts, from engaging in or continuing to engage in such acts.
3. If the Commissioner brings a civil action pursuant to subsection 2, the district court of any county of this state is hereby vested with the jurisdiction in equity to enjoin the conduct, the operation of the business or the commission of the violation and may grant any injunctions that are necessary to prevent and restrain the conduct, the operation of the business or the commission of the violation. During the pendency of the proceedings before the district court:
(a) The court may issue any temporary restraining orders as may appear to be just and proper;
(b) The findings of the Commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the ex parte issuance of a temporary restraining order; and
(c) The Commissioner may apply for and on due showing is entitled to have issued the court’s subpoena requiring forthwith the appearance of any person to:
(1) Produce any documents, books and records as may appear necessary for the hearing of the petition; and
(2) Testify and give evidence concerning the conduct complained of in the petition.
Last modified: February 27, 2006