§ 143-215.104R. (Repealed effective January 1, 2012 - see notes) Enforcement procedures; injunctive relief.
§ 143‑215.104R. (Repealed effective January 1, 2012 see notes) Enforcement procedures;injunctive relief.
Whenever the Commission has reasonable cause to believe that any personhas violated or is threatening to violate any of the provisions of this Part orrule implementing this Part, the Commission may, either before or after theinstitution of any other action or proceeding authorized by this Part, requestthe Attorney General to institute a civil action in the name of the State uponthe relation of the Commission for injunctive relief to restrain the violationor threatened violation and for other and further relief in the premises as thecourt shall deem proper. The Attorney General may institute an action in thesuperior court of the county in which the violation occurred or may occur or,in the Attorney General's discretion, in the superior court of the county inwhich the person responsible for the violation or threatened violation residesor has a principal place of business. Upon a determination by the court thatthe alleged violation of the provisions of this Part or the rules of theCommission has occurred or is threatened, the court shall grant the reliefnecessary to prevent or abate the violation or threatened violation. Neitherthe institution of the action nor any of the proceedings thereon shall relieveany party to the proceedings from any penalty prescribed for violation of thisPart. In the event a civil action is commenced pursuant to this section, theCommission may recover the costs of the action, including attorneys' fees andinvestigation expenses. All monies received or recovered shall be paid into theFund or other source from which the expenditures were made. (1997‑392, s. 1.)