32-1369. Cease and desist orders; injunctive
relief
A. In addition to all other remedies, if it appears to the board, either on
complaint or otherwise, that any person has engaged in or is engaging in any act,
practice or transaction that constitutes a violation of this chapter, of title 44,
chapter 10, article 7 or of any rule adopted pursuant to this chapter, the board may
either:
1. Serve a cease and desist order on the person by certified mail or personal
service requiring the person to cease and desist immediately from engaging in the act,
practice or transaction.
2. Apply, through the attorney general or county attorney of the county in which
the act, practice or transaction is alleged to have been committed, to the superior court
in that county for an injunction restraining the person from engaging in the act,
practice or transaction or doing any act in furtherance of the act, practice or
transaction. On a proper showing, the court shall grant a temporary restraining order, a
preliminary injunction or a permanent injunction without bond. Process in an action under
this paragraph may be served on the defendant in any county of this state where the
defendant transacts business or is found.
B. A person who receives a cease and desist order issued by the board pursuant to
subsection A, paragraph 1 is entitled to a hearing pursuant to title 41, chapter 6,
article 10 within thirty days after the effective date of the order.
C. If a person fails to comply with an order issued by the board pursuant to
subsection A, paragraph 1, the board shall file an action pursuant to subsection A,
paragraph 2 to restrain and enjoin the person from engaging in the act, practice or
transaction. The court in the action shall proceed as in other actions for injunction.
If the court finds that the person wilfully failed to obey a valid cease and desist order
issued by the board, the court shall impose a civil penalty of at least two hundred fifty
and not more than one thousand dollars per violation.
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