Any person who violates this chapter or rules adopted under this chapter, or any person who provides a private investigative service or private security service without a current license issued by the board, or falsely states or represents that the person has been or is an investigative officer or employed by an investigative or security officer or agency is guilty of a class B misdemeanor. In addition to the criminal penalties provided, the civil remedy of an injunction is available to restrain and enjoin violations of any provisions of this chapter, without proof of actual damages sustained by any person. An injunction does not preclude criminal prosecution and punishment of a violator. The board is not liable for the lost income, costs, or any other expenses that may be incurred by a person against whom an injunction is sought, and the board may not be required to provide security or a bond. The board may seek costs for reimbursement of expenses for obtaining an injunction, including attorney's fees. In addition to issuing the injunction, the court may impose an administrative fee consistent with section 43-30-10.1 if the person has violated a provision of this chapter. The board may seek an injunction, impose administrative fees, or seek an order of abatement through an administrative action or in district court.
43-30-10.1. Issuance of citations for unauthorized practice - Administrative fee - Appeal. 1. The board may issue a citation to a person who the board finds probable cause to believe has violated section 43-30-10. 2. A citation must be in writing and describe with particularity the nature of the violation. The citation must also inform the person of the provisions of subsection 5. A separate citation must be issued for each violation. 3. If appropriate, the citation must contain an order of abatement fixing a reasonable time for abatement of the violation. 4. The board may assess an administrative fee of: a. For the first violation, up to two hundred fifty dollars. b. For the second violation, up to five hundred dollars. c. For the third or subsequent violation, up to one thousand dollars. 5. To appeal the finding of a violation, the person must request a hearing by written notice of appeal to the board within thirty days after the date of issuance of the citation. 6. An appeal must be heard under the procedures contained in chapter 28-32, unless the citation is brought in district court. 7. A citation does not preclude a civil injunction or the criminal prosecution and punishment of a violator.