3-934. Injunction; violation; civil
penalty
A. The department's legal counsel, on request of a private party or the director,
or the county attorney of the county in which a violation of this chapter or any rule or
order issued or adopted under section 3-912 or 3-914 is alleged to have occurred may
bring an action in the county requesting the court to enjoin or otherwise restrain the
defendant from further violations of this chapter or the rule or order. If the alleged
violation occurs through the actions of a state agency, the agency may be made a party
defendant.
B. A person who violates an order or injunction issued by a court of competent
jurisdiction pursuant to this section, in addition to any other penalty or remedy for
contempt of court, shall forfeit and pay to this state a civil penalty of not more than
ten thousand dollars for each violation as the court deems just and proper. For purposes
of this section, the superior court in the county issuing any order or injunction retains
jurisdiction. The attorney general or legal counsel for the department acting in the
name of this state may petition for recovery of civil penalties pursuant to this
section. All civil penalties assessed pursuant to this section shall be deposited,
pursuant to sections 35-146 and 35-147, in the state general fund.
|