17-12a603. Civil enforcement.
17-12a603
17-12a603. Civil enforcement.
(a) Civil action instituted by administrator.
If the administrator believes that a person has engaged, is
engaging, or is about to engage in an act, practice, or course of
business constituting a violation of this act or a rule adopted or
order issued under this act or that a person has, is, or is about
to engage in an act, practice, or course of business that materially
aids a violation of this act or a rule adopted or order issued under
this act, the administrator may maintain an action in any court
of competent jurisdiction to enjoin the act, practice, or course of
business and to enforce compliance with this act or a rule adopted
or order issued under this act.
(b) Relief available. In an action under this section and on
a proper showing, the court may:
(1) Issue a permanent or temporary injunction, restraining
order, or declaratory judgment;
(2) order other appropriate or ancillary relief, which may
include:
(A) An asset freeze, accounting, writ of attachment, writ of
general or specific execution, and appointment of a receiver or
conservator, that may be the administrator, for the defendant or the
defendant's assets;
(B) ordering the administrator to take charge and control of
a defendant's property, including investment accounts and accounts
in a depository institution, rents, and profits; to collect debts;
and to acquire and dispose of property;
(C) imposing a civil penalty up to $25,000 for each violation.
If any person is found to
have violated
any provision of this act, and such violation is committed against elder or
disabled persons, as defined in K.S.A. 50-676, and amendments thereto, in
addition to any civil penalty otherwise provided by law, the court may impose
an additional penalty not to exceed $15,000 for each such violation. The total
penalty against a person shall not exceed $1,000,000;
(D) an order of rescission, restitution, or disgorgement
directed to a person that has engaged in an act, practice, or course
of business constituting a violation of this act or the predecessor
act or a rule adopted or order issued under this act or the
predecessor act; and
(E) ordering the payment of prejudgment and postjudgment
interest; or
(3) order such other relief as the court considers
appropriate.
(c) No bond required. The administrator may not be required
to post a bond in an action or proceeding under this act.
History: L. 2004, ch. 154, § 42; July 1, 2005.