6-131. Right to sue and defend in actions;
liability limitation; award of fees and other expenses
A. The superintendent may sue and prosecute or defend in any action or proceeding
in any court of this state or any other state or territory and in any court of the United
States for the enforcement or protection of any right or pursuit of any remedy necessary
or proper in connection with the matters committed to him for administration or in
connection with any financial institution or enterprise under his supervision, or the
rights, liabilities, property or assets thereof, and may obtain without bond any order
necessary to enforce or protect such rights or remedies including but not limited to:
1. An order impounding records, books, documents, accounts, monies, negotiable
instruments or papers and placing such articles in the possession of the superintendent
until completion of all proceedings undertaken pursuant to this title.
2. An order appointing a receiver.
3. An order restoring to any person in interest any monies or property, real or
personal, which may have been acquired or transferred in violation of this title.
B. Nothing in this section shall be construed to render the superintendent as such
superintendent or otherwise liable to suit except as any other department or agency of
the state may be liable under the general law.
C. In addition to any costs which are awarded as prescribed by statute, a court
shall award fees and other expenses to the department if the department prevails by an
adjudication on the merits in any action brought by the department to enforce the
provisions of this title or any rule promulgated under this title. The department may
apply pursuant to the applicable procedural rules for an award of attorney fees and other
expenses authorized under this section and shall include as part of the application
evidence of the department's eligibility for the award and the amount sought, including
an itemized statement from the attorneys and experts stating the actual time expended in
representing the department and the rate at which the fees were computed. As used in
this subsection, "fees and other expenses" includes the reasonable expenses of expert
witnesses, the reasonable cost of any study, analysis, report, test or project which is
found by the court to be necessary for the preparation of the department's case and
reasonable and necessary attorney fees. The department shall deposit any fees or other
expenses awarded by a court in the revolving fund provided by section 6-135.
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