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.]
Section 28-46-102 – APPLICABILITY.
28-46-102. APPLICABILITY. This part applies to persons who in this state: (1) Make or solicit regulated consumer credit transactions, as defined in section 28-41-301, Idaho Code; or (2) Directly collect payments from or enforce rights against debtors arising from regulated consumer credit transactions, as defined in section 28-41-301, Idaho Code, wherever they are made; or […]
Section 28-46-103 – ADMINISTRATOR.
28-46-103. ADMINISTRATOR. "Administrator" means the director of the department of finance of the state of Idaho. History: [28-46-103, added 1983, ch. 119, sec. 3, p. 300.]
Section 28-46-104 – POWERS OF ADMINISTRATOR — RELIANCE ON RULES — DUTY TO REPORT.
28-46-104. POWERS OF ADMINISTRATOR — RELIANCE ON RULES — DUTY TO REPORT. (1) In addition to other powers granted by this act, the administrator within the limitations provided by law may: (a) Receive and act on complaints, take action designed to obtain voluntary compliance with this act, or commence proceedings on his own initiative; (b) […]
Section 28-46-105 – ADMINISTRATIVE POWERS WITH RESPECT TO SUPERVISED FINANCIAL ORGANIZATIONS.
28-46-105. ADMINISTRATIVE POWERS WITH RESPECT TO SUPERVISED FINANCIAL ORGANIZATIONS. (1) With respect to supervised financial organizations, the powers of examination and investigation, sections 28-46-106 and 28-46-305, Idaho Code, and administrative enforcement, section 28-46-108, Idaho Code, shall be exercised by the official or agency to whose supervision the organization is subject. All other powers of the […]
Section 28-46-106 – INVESTIGATORY POWERS.
28-46-106. INVESTIGATORY POWERS. (1) If the administrator has cause to believe that a person has engaged in conduct or committed an act that is subject to action by the administrator, he may make an investigation to determine whether the person has engaged in the conduct or committed the act. To the extent necessary for this […]
Section 28-46-107 – APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
28-46-107. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. Except as otherwise provided, the Administrative Procedure Act applies to and governs all administrative action taken by the administrator pursuant to this chapter. History: [28-46-107, added 1983, ch. 119, sec. 3, p. 302.]
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 28-46-114 – JURY TRIAL.
28-46-114. JURY TRIAL. The administrator has no right to trial by jury in an action brought by him under this act. History: [28-46-114, added 1983, ch. 119, sec. 3, p. 305.]
Section 28-46-115 – DEBTORS’ REMEDIES NOT AFFECTED.
28-46-115. DEBTORS’ REMEDIES NOT AFFECTED. The grant of powers to the administrator in this chapter does not affect remedies available to debtors under this act or under other principles of law or equity. History: [28-46-115, added 1983, ch. 119, sec. 3, p. 306.]
Section 28-46-116 – VENUE.
28-46-116. VENUE. The administrator may bring actions or proceedings in a court in a county in which an act on which the action or proceeding is based occurred or in a county in which the respondent resides or transacts business. History: [28-46-116, added 1983, ch. 119, sec. 3, p. 306.]