(1)(a) The attorney
general, in the name of the state or the director, or the proper
prosecuting attorney may bring an action to enjoin any person
from violating any provision of this chapter. Upon proper
showing, the superior court shall grant a permanent or temporary
injunction, restraining order, or writ of mandamus.
The court may make such additional orders or judgments as
may be necessary to restore to any person in interest and money
or property, real or personal, which may have been acquired by
means of an act prohibited or declared unlawful by this chapter.
The prevailing party may recover costs of the action,
including a reasonable attorney's fee.
(b) The superior court issuing an injunction shall retain
jurisdiction. Any person who violates the terms of an injunction
shall pay a civil penalty of not more than twenty-five thousand
dollars.
(2) The attorney general, in the name of the state or the
director, or the proper prosecuting attorney may apply to the
superior court to appoint a receiver or conservator for any
person, or the assets of any person, who is subject to a cease
and desist order, permanent or temporary injunction, restraining
order, or writ of mandamus.
(3) Any person who violates any provision of this chapter
except as provided in subsection (1)(b) of this section, is
subject to a civil penalty not to exceed two thousand dollars for
each violation. Civil penalties authorized by this subsection
may be imposed in any civil action brought by the attorney
general or proper prosecuting attorney under this chapter and
shall be deposited in the state treasury. Any action for
recovery of such civil penalty shall be commenced within five
years.
(4) The director may refer evidence concerning violations of
this chapter to the attorney general or proper prosecuting
attorney. The prosecuting attorney, or the attorney general
pursuant to authority granted by RCW 10.01.190, 43.10.230,
43.10.232, and 43.10.234 may, with or without such reference,
institute appropriate criminal proceedings.
[2003 c 53 § 155; 1981 c 155 § 16.]
NOTES:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.