Section 28-46-302 – LICENSE TO MAKE REGULATED CONSUMER LOANS.
28-46-302. LICENSE TO MAKE REGULATED CONSUMER LOANS. (1) The administrator shall receive and act on all applications for a license to do business as a regulated lender. Applications shall be filed in the manner prescribed by the administrator, shall contain such information as the administrator may reasonably require, shall be updated as necessary to keep […]
Section 28-46-303 – REVOCATION OR SUSPENSION OF LICENSE.
28-46-303. REVOCATION OR SUSPENSION OF LICENSE. (1) The administrator may issue to a person licensed to make regulated consumer loans an order to show cause why his license should not be revoked or suspended for a period not in excess of six (6) months. The order shall state the place for a hearing and set […]
Section 28-46-304 – RECORDS — ANNUAL REPORTS.
28-46-304. RECORDS — ANNUAL REPORTS. (1) Every regulated lender shall maintain records in conformity with generally accepted accounting principles and practices in a manner that will enable the administrator to determine whether the regulated lender is complying with the provisions of this act. The recordkeeping system of a regulated lender shall be sufficient if he […]
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 28-45-201 – EFFECT OF VIOLATIONS ON RIGHTS OF PARTIES.
28-45-201. EFFECT OF VIOLATIONS ON RIGHTS OF PARTIES. (1) If a creditor has violated any provision of this act applying to collection of an excess charge or amount or enforcement of rights, subsection (4) of section 28-41-201, Idaho Code, authority to make regulated consumer loans, section 28-46-301, Idaho Code, restrictions on interests in land as […]
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 […]