Montana Code 23-5-136. Injunction and other remedies
23-5-136. Injunction and other remedies. (1) If a person has engaged or is engaging in an act or practice constituting a violation of a provision of parts 1 through 8 of this chapter or a rule or order of the department, the department may:
Terms Used In Montana Code 23-5-136
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)upon clear and convincing evidence, issue a temporary order to cease and desist from the gambling activity, act, or practice for a period not to exceed 60 days;
(b)following notice and an opportunity for hearing, and with the right of judicial review, under the Montana Administrative Procedure Act:
(i)issue a permanent order to cease and desist from the act or practice, which order remains in effect pending judicial review;
(ii)place a licensee on probation;
(iii)suspend for a period not to exceed 180 days a license or permit for the gambling activity, device, or enterprise involved in the act or practice constituting the violation;
(iv)revoke a license or permit for the gambling activity, device, or enterprise involved in the act or practice constituting the violation;
(v)impose a civil penalty not to exceed $10,000 for each violation, whether or not the person is licensed by the department; and
(vi)impose any combination of the penalties contained in this subsection (1)(b); and
(c)bring an action in district court for relief against the act or practice. The department may not be required to post a bond. On proper showing, the court may:
(i)issue a restraining order, a temporary or permanent injunction, or other appropriate writ;
(ii)suspend or revoke a license or permit; and
(iii)appoint a receiver or conservator for the defendant or the assets of the defendant.
(2)The department may issue a warrant for distraint against an operator who fails to pay a civil penalty imposed under subsection (1) or a tax imposed under 23-5-409 or 23-5-610. The department may issue the warrant for the amount of the unpaid penalty or for the amount of the unpaid tax, plus penalty and accumulated interest on the tax, and shall follow the procedures provided in 15-1-701 through 15-1-708.
(3)(a) A civil penalty imposed under this section must be collected by the department and distributed as provided in 23-5-123.
(b)If a person fails to pay the civil penalty, the amount due is a lien on the person’s licensed premises and gambling devices in the state and may be recovered by the department in a civil action.