§ 40-8.2-12 - Injunctive relief and civil penalties.
SECTION 40-8.2-12
§ 40-8.2-12 Injunctive relief and civilpenalties. – (a) The superior court of this state shall have jurisdiction to prevent andrestrain violations of this chapter. In addition to granting prohibitoryinjunctive and other restraints for a period of time and upon terms andconditions necessary to deter a provider from, and insure against, thecommitting of future violations of this chapter, the court may grant injunctiverelief reasonably necessary to dissipate the ill effects of the violation. Thecourt may issue appropriate decrees upon consent and stipulation by theparties. The court may also issue restraining orders. Under no circumstancesshall the state be required to post bond in any action hereunder.
(b) Attorney general – Right to injunctiverelief. The attorney general may institute proceedings to prevent andrestrain violations of this chapter as provided in subsection (a) of thissection.
(c) Other persons – Right to injunctive relief.Any person, including the United States, may institute proceedings forinjunctive relief, temporary or permanent, as provided in subsection (a) ofthis section against threatened loss or damage to his or her property orbusiness by a violation of this chapter. A preliminary injunction may be issuedupon a showing that the danger of irreparable loss or damage is immediate and,within the court's discretion, the execution of property bond against damagesfor an injunction improvidently granted. If the court issues a permanentinjunction, the plaintiff shall be awarded reasonable attorney's fees, filingfees, and reasonable costs of the suit. Reasonable costs for the suit mayinclude but shall not be limited to the expenses of discovery and documentreproduction.
(d) Civil penalty. In addition to injunctive reliefauthorized pursuant to subsection (a) of this section, any person who violatesthis chapter may be liable for a civil penalty in a suit by the attorneygeneral of this state of not more than one thousand dollars ($1,000) for eachviolation.