1. If upon investigation it appears that a collection agency is conducting its business in violation of this chapter or the regulations adopted by the Commissioner, or when it appears that any person is engaging in the business of a collection agency without being licensed under the provisions of this chapter, the Commissioner may:

(a) Advise the district attorney of the county in which the business is conducted, and the district attorney shall cause the appropriate legal action to be taken to enjoin the operation of the business or prosecute the violations of this chapter; or

(b) Bring suit in the name and on behalf of the State of Nevada against such a person and any other person concerned in or in any way participating in or about to participate in such unsafe or injurious practices or action in violation of this chapter or the regulations adopted by the Commissioner to enjoin any such person from continuing or engaging in such practices or doing any such act.

2. If the Commissioner brings suit, the district court of any judicial district may grant injunctions to prevent and restrain such practices or transactions. The court may, during the pendency of the proceedings before it, issue such temporary restraining orders as may appear to be just and proper. The findings of the Commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issue ex parte of a temporary restraining order. In any such proceedings the Commissioner may apply for and on due showing is entitled to have issued the court’s subpoena requiring forthwith the appearance of any defendant and his or her employees and the production of such documents, books and records as appear necessary for the hearing of the petition, to testify and give evidence concerning the acts or conduct or things complained of in the application for an injunction.

(Added to NRS by 1987, 1507)