§ 143-215.114C. Enforcement procedures: injunctive relief. - North Carolina Statutes

§ 143‑215.114C. Enforcement procedures: injunctive relief.

Whenever the Department has reasonable cause to believe that any personhas violated or is threatening to violate any of the provisions of this Articleor Article 21 of this Chapter or a rule implementing this Article or Article 21of this Chapter, the Department, either before or after the institution of anyother action or proceeding authorized by this Article or Article 21 of thisChapter, may request the Attorney General to institute a civil action in thename of the State upon the relation of the Department for injunctive relief torestrain the violation or threatened violation and for such other and furtherrelief in the premises as the court shall deem proper.  The Attorney Generalmay institute such action in the Superior Court of Wake County, or, in hisdiscretion, in the superior court of the county in which the violation occurredor may occur.  Upon a determination by the court that the alleged violation ofthe provisions of this Article or Article 21 of this Chapter or the regulationof the Commission has occurred or is threatened, the court shall grant therelief necessary to prevent or abate the violation or threatened violation. Neither the institution of the action nor any of the proceedings thereon shallrelieve any party to such proceedings from any penalty prescribed for violationof this Article or Article 21 of this Chapter. (1973, c. 821, s. 6; c. 1262, s. 23; c. 1331, s. 3;1975, c. 19, s. 53; c. 842, ss. 6, 7; 1977, c. 771, s. 4; 1979, c. 545, ss. 4‑6;1987, c. 748, s. 2; c. 827, ss. 154, 212; 1989, c. 135, s. 8; 1989 (Reg. Sess.,1990), c. 1045, s. 6.)