Section 71-1311. Injunction against violations


Latest version.
  • 1.  Whenever it appears that any person is violating or threatening to
      violate any provision of article 23 of this chapter or is committing any
      offense described in section 71-1305  of  this  title,  the  department,
      acting  by  the  Attorney General, may bring suit against such person in
      any court  of  competent  jurisdiction  to  restrain  such  person  from
      continuing  such violation or from carrying out the threat of violation.
      In any such suit, the court shall have  jurisdiction  to  grant  to  the
      department  without  bond  or  other  undertaking,  such  prohibitory or
      mandatory injunctions as the  facts  may  warrant,  including  temporary
      restraining orders and preliminary injunctions.
        2.  If  the  department, acting by the Attorney General, shall fail to
      bring suit  to  enjoin  a  violation  or  threatened  violation  of  any
      provision  of  article  23,  or  any  rule,  regulation, or order of the
      department made pursuant  hereto,  within  ten  days  after  receipt  of
      written  request  to  do  so  by  any person who is or will be adversely
      affected by such violation, the person making  such  request  may  bring
      suit  in  his  own  behalf  to  restrain  such  violation  or threatened
      violation in any court in which the department might have brought  suit.
      The  department  shall  be  made a party in such suit in addition to the
      person violating or threatening to violate a provision of article 23, or
      a rule, regulation, or order of the department,  and  the  action  shall
      proceed  and  injunctive relief may be granted to the department without
      bond, or other undertaking in the  same  manner  as  if  suit  had  been
      brought by the department.