Section 31.21. Injunction and temporary restraining order  


Latest version.
  • (a)  The  supreme court may enjoin violations or threatened violations
      of any provision of this article or violations of the regulations of the
      department established pursuant to this article.  Upon  request  of  the
      commissioner,  the  attorney  general  may  maintain a proceeding in the
      supreme court in the name of the people of the state to enjoin any  such
      violation,   provided  that  notice  of  such  violation  or  threatened
      violation and proposed referral to the attorney general has  been  given
      to  the  violator by mailing notice thereof to the last known address of
      the violator by registered mail.
        (b) If the proceeding is for the enforcement of  a  cease  and  desist
      order  issued  after  notice  and  hearing pursuant to the provisions of
      section 31.19 of this article, the facts found by the commissioner shall
      be conclusive if supported by substantial evidence.
        (c) Notwithstanding any limitation  in  the  civil  practice  law  and
      rules, such court may, on motion and affidavit, and upon proof that such
      violation  is  one  which reasonably may result in injury to any person,
      whether or not such person is a party to such action, grant a  temporary
      restraining   order  upon  such  terms  as  may  be  just,  pending  the
      determination of the proceeding. No security on the part  of  the  state
      shall be required.