49-812. Compliance orders; injunctive
relief


A. If the director has reasonable cause to believe that a person is violating a
provision of this article or a rule adopted pursuant to this article, the director may
serve on the person an order requiring compliance with that provision or rule. The order
shall state with reasonable particularity the nature of the violation and shall specify
either immediate compliance or a time period for compliance which the director determines
is reasonable, taking into account the seriousness of the violation and any good faith
efforts to comply with applicable legal requirements. The alleged violator has thirty
days from the date of issuance of the order within which to request a hearing pursuant to
title 41, chapter 6, article 10.


B. If the director has reasonable cause to believe that an order issued pursuant to
this section is being violated or that a person is engaging in an act or practice which
constitutes a violation for which he is authorized to issue an order pursuant to this
section, the attorney general at the request of the director may apply to the superior
court in the county in which the violation is occurring or in which the department
maintains an office for a temporary restraining order, preliminary injunction or
permanent injunction. Such action has precedence over all other matters pending in the
court.


C. If the director has reasonable cause to believe that a person is engaging in an
act or practice which violates any provision of section 49-811, the attorney general at
the request of the director may apply to the superior court for a temporary restraining
order, preliminary injunction or permanent injunction. Such action has precedence over
all other matters pending in the court.


D. No provision of this section shall be construed to reduce the authority of the
attorney general under any other provision of law.


E. The court, in issuing any final order in any civil action brought under this
section may award costs of litigation, including reasonable attorney and expert witness
fees, to any substantially prevailing party if the court determines such an award is
appropriate.