32-2160. Filing of complaint by commissioner;
prosecution
A. The commissioner may file a complaint for a violation of this chapter before a
court of competent jurisdiction and may in person or by his deputies, assistants or
counsel assist in the prosecution of the complaint. The county attorney of any county in
which a violation occurs shall, upon the written request of the commissioner or the
attorney general, prosecute the violation.
B. In addition to all other remedies, when it appears to the commissioner either
upon complaint or otherwise that any person, firm, partnership, corporation, association
or other organization, or a combination of any of them, has engaged or is engaging in any
act, practice or transaction which constitutes a violation of this chapter or of any rule
or order of the commissioner, the commissioner may, either through the attorney general
or through the county attorney of any county in which the act, practice or transaction is
alleged to have been committed, apply to the superior court of that county for an
injunction restraining such person, firm, partnership, corporation, association or other
organization from engaging in such act, practice or transaction, or doing any act in
furtherance thereof, and, upon a proper showing, a temporary restraining order, a
preliminary injunction or a permanent injunction shall be granted without bond. Process
in such action may be served upon the defendant in any county of this state where such
defendant transacts business or is found or on the statutory agent in the case of a
corporation.
C. Nothing in subsection B shall give the department jurisdiction over any landlord
and tenant disputes or federal or state fair housing violations or authorize the
commissioner to seek sanctions under this chapter or any rule or order of the
commissioner relating to these matters.
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