Section 132. Enforcement proceedings  


Latest version.
  • Whenever the commissioner shall find
      that a common carrier subject to his supervision is failing or  omitting
      or  about  to  fail  or  omit to do anything required of it by law or by
      order of the commissioner, or is doing anything or about to do  anything
      or  permitting  anything  or  about  to  permit  anything to be done, in
      violation of law or of any order of the commissioner, he shall direct an
      attorney employed by the department to commence  an  action  or  special
      proceeding  in the supreme court in the name of the commissioner for the
      purpose of having such violations or threatened violations  stopped  and
      prevented.  Such  attorney  shall  thereupon  begin an action or special
      proceeding  alleging  the  violation  complained  of  and  praying   for
      appropriate  relief.   In case of default in answer or after answer, the
      court shall immediately inquire into the facts and circumstances in such
      manner as the court shall direct without other or formal pleadings,  and
      without  respect  to  any  technical  requirement. Such other persons or
      corporations as the court shall deem necessary  or  proper  to  join  as
      parties  in  order  to  make  its  judgment  effective, may be joined as
      parties upon application. The final  judgment  in  any  such  action  or
      special proceeding shall either dismiss the action or special proceeding
      or direct judgment as prayed for in the complaint or petition or in such
      modified   or  other  form  as  the  court  may  determine  will  afford
      appropriate relief.