Page:1959 North Dakota Session Laws.pdf/246

246 '''§ 9. Examination of Licensees; Investigations; Access to Records: Witnesses; Cease and Desist Orders: Injunctions: Receivers.)''' (a) At least once each year the state examiner or his duly authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers, annual reports, and records of such licensee so far as they pertain to the business licensed under this Act. The actual cost of every examination shall be paid to the state examiner by every licensee so examined. Such sums shall be paid by the state examiner to the state treasurer to be credited to the general fund of this state.

(b) For the purpose of discovering violations of this Act or of securing information lawfully required hereunder, the state examiner or his duly authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein, of any licensee or any other person whom the state examiner has reasonable cause to believe is violating or is about to violate any provision of this Act. Any person who shall advertise for, solicit or hold himself out as willing to make or procure loans in the amount of or of the value of one thousand dollars or less at rates in excess of seven percent per annum shall be presumed to be engaged in a business governed by this Act.

(c) The state examiner is hereby authorized to make any examination of any licensee or his place of business, including all records of such business, or any other witness, at any time he has reason to believe the same is necessary. All examinations of any licensee, witnesses or records of any small loan business shall be conducted in accordance with chapter 28-32 of the North Dakota Revised Code of 1943, as it may be amended.

(d) Whenever the state examiner has reasonable cause to believe that any person is violating or is threatening to violate any provision of this Act, he may, in addition to all actions provided for in this Act and without prejudice thereto, enter an order requiring such person to desist or to refrain from such violation; and an action may be brought in the district court of the county in which the small loan business is conducted or in the district court of Burleigh County by the attorney general and on behalf of the state examiner to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance thereof. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound, and to appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto or so much thereof as the