[§87D-11]  Violation of the chapter;enforcement.  (a)  A civil action may be brought by a participant,beneficiary, or fiduciary: 

(1)  For relief, if a trust fails to provide anyinformation required under this chapter, or if a trust fails to comply with anyrequest for information that the trust is required to furnish to theparticipant or beneficiary;

(2)  To recover benefits due the participant orbeneficiary under the terms of the plan, or to enforce the participant's orbeneficiary's rights under the terms of the plan, or to clarify theparticipant's or beneficiary's rights to future benefits under the terms of theplan;

(3)  For appropriate relief against any breach offiduciary duty under section 87D-7; or

(4)  To enjoin any act or practice that violates anyprovision of this chapter or the terms of the plan, or to obtain any otherappropriate equitable relief, or to redress such violations, or to enforce anyprovisions of this chapter or the terms of the plan.

(b)  A civil action may be brought by theattorney general:

(1)  For relief, if a trust fails to provide anyinformation required by this chapter, or if a trust fails to comply with anyrequest for information that the trust is required to furnish any state orcounty department;

(2)  To enjoin any act or practice that violates anyprovision of this chapter;

(3)  To redress the violations;

(4)  To enforce any provision of this chapter; or

(5)  To suspend contributions from the State andcounties made pursuant to a collective bargaining agreement required undersection [87D-2(8)] made to any trust established under this chapter.

(c)  The attorney general shall have the power,in order to determine whether any person has violated or is about to violateany provision of this chapter:

(1)  To conduct an investigation and in connectiontherewith to require submission of reports, books, and records, and the filingof data in support of any information required to be filed under this chapter;and

(2)  To enter any place, inspect any books and records,and question any persons as the attorney general may deem necessary to enablethe attorney general to determine the facts relative to an investigation.

For purposes of any investigation provided forin this chapter, the attorney general may utilize the investigation proceduresset forth in section 480-18 and the remedies and penalties of that section arehereby made applicable.

(d)  The rights and remedies provided in thissection are in addition to any rights or remedies that the participants,beneficiaries, fiduciaries, attorney general, or other state or federalagencies may have over the trust, the plans provided by or through the trust,and fiduciaries of the plans. [L 2005, c 245, pt of §2]