§392-47 - Failure to give security for payment of benefits; penalty; injunction.
§392-47 Failure to give security forpayment of benefits; penalty; injunction. If an employer fails to complywith section 392-41 the employer shall be subject to a penalty of not less than$25 or of $1 for each employee for every day during which such failurecontinues, whichever sum is greater, to be recovered in an action brought inthe discretion of the director and the amount so collected shall be paid intothe special fund for disability benefits created by section 392-61. Thedirector may, however, in the director's discretion, for good cause shown,remit all or any part of the penalty in excess of $25, provided the employer indefault forthwith complies with section 392-41.
Furthermore, if any employer is in defaultunder section 392-41, for a period of thirty days, the employer may be enjoinedby the circuit court of the circuit in which the employer's principal place ofbusiness is located from carrying on the employer's business any place in theState so long as the default continues, such action for injunction to beprosecuted by the attorney general or any county attorney if so requested bythe director. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(i); gen ch 1985]
Rules of Court
Injunctions, see HRCP rule 65.