State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-142

§ 131E‑142. Injunction.

(a)        Notwithstanding the existence or pursuit of any otherremedy, the Department shall, in the manner provided by law, maintain an actionin the name of the State for injunction or other process against any person orgovernmental unit to restrain or prevent the establishment, conduct, managementor operation of a home care agency without a license.

(b)        If any person shall hinder the proper performance of duty ofthe Secretary or a representative in carrying out the provisions of this Part,the Secretary may institute an action in the superior court of the county inwhich the hindrance occurred for injunctive relief against the continuedhindrance irrespective of all other remedies at law.

(c)        Actions under this section shall be in accordance withArticle 37 of Chapter 1 of the General Statutes and Rule 65 of the Rules ofCivil Procedure. (1983, c. 775, s.1; 1991, c. 59, s. 1, c. 761, s. 34.)

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-142

§ 131E‑142. Injunction.

(a)        Notwithstanding the existence or pursuit of any otherremedy, the Department shall, in the manner provided by law, maintain an actionin the name of the State for injunction or other process against any person orgovernmental unit to restrain or prevent the establishment, conduct, managementor operation of a home care agency without a license.

(b)        If any person shall hinder the proper performance of duty ofthe Secretary or a representative in carrying out the provisions of this Part,the Secretary may institute an action in the superior court of the county inwhich the hindrance occurred for injunctive relief against the continuedhindrance irrespective of all other remedies at law.

(c)        Actions under this section shall be in accordance withArticle 37 of Chapter 1 of the General Statutes and Rule 65 of the Rules ofCivil Procedure. (1983, c. 775, s.1; 1991, c. 59, s. 1, c. 761, s. 34.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-142

§ 131E‑142. Injunction.

(a)        Notwithstanding the existence or pursuit of any otherremedy, the Department shall, in the manner provided by law, maintain an actionin the name of the State for injunction or other process against any person orgovernmental unit to restrain or prevent the establishment, conduct, managementor operation of a home care agency without a license.

(b)        If any person shall hinder the proper performance of duty ofthe Secretary or a representative in carrying out the provisions of this Part,the Secretary may institute an action in the superior court of the county inwhich the hindrance occurred for injunctive relief against the continuedhindrance irrespective of all other remedies at law.

(c)        Actions under this section shall be in accordance withArticle 37 of Chapter 1 of the General Statutes and Rule 65 of the Rules ofCivil Procedure. (1983, c. 775, s.1; 1991, c. 59, s. 1, c. 761, s. 34.)