(a) 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 chapter or a regulation adopted or order issued under this chapter, or that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a regulation adopted or order issued under this chapter, the administrator may maintain an action in the superior court to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a regulation adopted or order issued under this chapter.
Terms Used In Alaska Statutes 45.56.700
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
administrator: means the commissioner of commerce, community, and economic development or a designee of the commissioner. See Alaska Statutes 45.56.900
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
person: means an individual, a corporation, a partnership, a limited liability company, a limited partnership, a limited liability partnership, an association, a joint-stock company, a trust in which the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Alaska Statutes 45.56.900
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) 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 of not more than $100,000 for a single violation, unless the violation of this chapter is against an older person or a vulnerable adult; in determining whether to impose a supplemental civil penalty for a violation of this chapter against an older person or a vulnerable adult, the court shall consider, in addition to other appropriate factors, the extent to which the following factors are present:
(i) whether the respondent knew that the respondent’s conduct was directed to an older person or a vulnerable adult;(ii) whether the respondent’s conduct caused an older person or a vulnerable adult to suffer severe loss or encumbrance of a primary residence, principal employment, or source of income; or substantial loss of property set aside for retirement or for personal and family care and maintenance; or(iii) whether the respondent’s conduct caused substantial loss of payments received under a pension or retirement plan or a government benefits program;(D) imposing an order of rescission, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or former Alaska Stat. Chapter 45.55 or a regulation adopted or order issued under this chapter or former Alaska Stat. Chapter 45.55;(E) imposing an order of restitution to any person in interest for any money or property, real or personal, that may have been acquired or transferred in violation of this chapter; and(F) ordering the payment of prejudgment and post judgment interest; or(3) order other relief that the court considers appropriate.(c) The administrator may not be required to post a bond in an action or proceeding under this chapter.(d) After an order issued by the court under (b) of this section becomes final and all rights of appeal are exhausted, the administrator may petition the superior court to enter a judgment against a person who is a respondent in the order for the amount of the civil penalty levied against the person. Subject to Alaska Stat. § 44.62.570, the filing of the petition for a judgment does not reopen the final order to further substantive review. A judgment entered under this subsection may be executed on and levied under in the manner provided in Alaska Stat. Chapter 09.35.
