522.130 - Injunctive relief. - Nevada Statutes

522.130  Injunctive relief.

      1.  Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any regulation or order of the Division, the Division shall bring suit against that person in the district court of any county where the violation occurs or is threatened to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to the person may be directed to the sheriff of any county in this state for service by the sheriff or the sheriff’s deputies. In any such suit, the court may grant to the Division, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant.

      2.  If the Division fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any regulation or order of the Division, within 10 days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in his or her own behalf to restrain the violation or threatened violation in any court in which the Division might have brought suit. If, in the suit, the court should hold that injunctive relief should be granted, then the Division must be made a party and must be substituted for the person who brought the suit, and the injunction must be issued as if the Division had at all times been the plaintiff.

      [13:202:1953]—(NRS A 1977, 1161; 1983, 2085; 1993, 1697)