40-422. Action by commission to enjoin
violations or threatened violations; venue; time for answer;
joinder of parties
A. When the commission is of the opinion that a public service corporation is
failing or about to fail to do anything required of it by law or an order or requirement
of the commission, or is doing or about to do or permitting or about to permit anything
to be done contrary to law or any order or requirement of the commission, it shall
commence a proceeding in the name of the state to have such violations or threatened
violations prevented, either by mandamus or injunction. The commission shall bring the
action in the superior court in the county in which the claim arose, or in which the
corporation complained of has its principal place of business or an agent for any
purpose, or in which the commission has its office.
B. The court shall specify a time, not exceeding twenty days after service of the
copy of the complaint, within which the corporation complained of shall answer the
complaint, and in the meantime the corporation may be restrained. Upon default of
answer, or after answer, the court shall immediately try the action.
C. Such persons as the court deems necessary or proper to be joined as parties, in
order to make the judgment, order or writ effective, may be joined as parties.
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