44-2032. Cease and desist orders; civil
penalty; injunctions; civil restitution; prosecutions for
violations
If it appears to the commission, either on complaint or otherwise, that any person
has engaged in, is engaging in or is about to engage in any act, practice or transaction
that constitutes a violation of this chapter, or any rule or order of the commission
under this chapter, the commission may, in its discretion:
1. Issue an order directing such person to cease and desist from engaging in the
act, practice or transaction, or doing any other act in furtherance of the act, practice
or transaction, and to take appropriate affirmative action within a reasonable period of
time, as prescribed by the commission, to correct the conditions resulting from the act,
practice or transaction including, without limitation, a requirement to provide
restitution as prescribed by rules of the commission. If a person fails to comply with an
order issued under this paragraph, the superior court in Maricopa county, on application
by the commission shall:
(a) Issue an order to show cause why the person has not complied with the
commission's order. On a showing that the person has violated the commission's order, the
court may exercise its contempt powers and impose a civil penalty of not more than twenty
thousand dollars for each violation as the court considers to be just and proper.
(b) Award reasonable costs, including attorney fees, to the commission, unless
other circumstances make an award of costs unjust. Any costs, including attorney fees,
collected pursuant to this paragraph shall be deposited, pursuant to sections 35-146 and
35-147, in the state general fund.
2. Apply to the superior court in Maricopa county or any federal court for an
injunction restraining the person from the violation, and on a showing by the commission
that the person has engaged in, is engaging in or is about to engage in an act, practice
or transaction in violation of this chapter or any rule or order of the commission, a
temporary restraining order, preliminary injunction or permanent injunction shall be
granted without bond. Process in those actions may be served on the defendant in any
county of this state in which the defendant transacts business or is found.
3. Apply to the superior court in Maricopa county or any federal court for an order
restoring to any person in interest any monies or property, real or personal, that may
have been acquired or transferred in violation of this chapter.
4. Petition the superior court in Maricopa county or transmit any evidence
available concerning the act, practice or transaction to the attorney general and the
attorney general may petition the superior court in Maricopa county for the appointment
of a conservator to reorganize the affairs of, or a receiver to wind up the affairs of,
the violator. Process in those actions may be served on the defendant in any county in
this state where the defendant transacts business or may be found.
5. Transmit any evidence available concerning the act, practice or transaction to a
county attorney, the attorney general or the United States attorney who may, with or
without the transmittal, directly institute or cause to be instituted any criminal
proceedings as the evidence warrants.
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