Section 28-46-305 – EXAMINATIONS AND INVESTIGATIONS.
28-46-305. EXAMINATIONS AND INVESTIGATIONS. (1) The administrator may examine periodically at intervals he deems appropriate, the loans and business records of every regulated lender. In addition, for the purpose of discovering violations of this act or securing information lawfully required, the administrator may at any time investigate the loans, business, and records of any regulated […]
Section 28-46-306 – APPLICATION OF ADMINISTRATIVE PROCEDURE ACT TO PART.
28-46-306. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT TO PART. Except as otherwise provided, the state Administrative Procedure Act, chapter 52, title 67, Idaho Code, applies to and governs all administrative action taken by the administrator pursuant to this part. History: [28-46-306, added 1983, ch. 119, sec. 3, p. 310.]
Section 28-46-401 – DEFINITIONS.
28-46-401. DEFINITIONS. (1) As used in this act, unless the context otherwise requires, "payday loan" means a transaction pursuant to a written agreement between a creditor and the maker of a check whereby the creditor: (a) Accepts a check from the maker; (b) Agrees to hold the check for a period of time prior to […]
Section 28-46-108 – ADMINISTRATIVE ENFORCEMENT ORDERS.
28-46-108. ADMINISTRATIVE ENFORCEMENT ORDERS. (1) After notice and hearing the administrator may order a creditor or a person acting in his behalf to cease and desist from violating this act. A respondent aggrieved by an order of the administrator may obtain judicial review of the order and the administrator may obtain an order of the […]
Section 28-46-109 – ASSURANCE OF DISCONTINUANCE.
28-46-109. ASSURANCE OF DISCONTINUANCE. If it is claimed that a person has engaged in conduct which could be subject to an order by the administrator, sections 28-46-108 and 28-46-303, Idaho Code, or by a court, sections 28-46-110, 28-46-111 and 28-46-112, Idaho Code, the administrator may accept an assurance in writing that the person will not […]
Section 28-46-110 – INJUNCTIONS AGAINST VIOLATIONS OF ACT.
28-46-110. INJUNCTIONS AGAINST VIOLATIONS OF ACT. The administrator may bring a civil action to restrain any person from violating this act and for other appropriate relief including, but not limited to, the following: to prevent a person from using or employing practices prohibited by this act, to reform contracts to conform to this act and […]
Section 28-46-111 – INJUNCTIONS AGAINST UNCONSCIONABLE AGREEMENTS AND FRAUDULENT OR UNCONSCIONABLE CONDUCT INCLUDING DEBT COLLECTION.
28-46-111. INJUNCTIONS AGAINST UNCONSCIONABLE AGREEMENTS AND FRAUDULENT OR UNCONSCIONABLE CONDUCT INCLUDING DEBT COLLECTION. (1) The administrator may bring a civil action to restrain a person to whom this part applies from engaging in a course of: (a) Making or enforcing unconscionable terms or provisions of regulated consumer credit transactions; (b) Fraudulent or unconscionable conduct in […]
Section 28-46-112 – TEMPORARY RELIEF.
28-46-112. TEMPORARY RELIEF. With respect to an action brought to enjoin violations of the act, section 28-46-110, Idaho Code, or unconscionable agreements or fraudulent or unconscionable conduct, section 28-46-111, Idaho Code, the administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after […]
Section 28-46-113 – CIVIL ACTIONS BY ADMINISTRATOR.
28-46-113. CIVIL ACTIONS BY ADMINISTRATOR. (1) After demand, the administrator may bring a civil action against a creditor to recover actual damages sustained and excess charges paid by one (1) or more debtors who have a right to recover explicitly granted by this act. In a civil action under this subsection, penalties may not be […]
Section 28-46-101 – SHORT TITLE.
28-46-101. SHORT TITLE. This chapter shall be known and may be cited as Idaho Credit Code – Administration. History: [28-46-101, added 1983, ch. 119, sec. 3, p. 300.]