§ 58-58-290. Injunctions; civil remedies; cease and desist orders. - North Carolina Statutes

§ 58‑58‑290. Injunctions; civil remedies; cease and desist orders.

(a)        In addition to thepenalties and other enforcement provisions of this Part, if any person violatesthis Part or any rule implementing this Part, the Commissioner may seek aninjunction in a court of competent jurisdiction and may apply for temporary andpermanent orders that the Commissioner determines are necessary to restrain theperson from committing the violation.

(b)        Any person damagedby the acts of a person in violation of this Part may bring a civil actionagainst the person committing the violation in a court of competentjurisdiction.

(c)        The Commissionermay issue, in accordance with G.S. 58‑63‑32, a cease and desistorder upon a person that violates any provision of this Part, any rule or orderadopted by the Commissioner, or any written agreement entered into with theCommissioner. The cease and desist order may be subject to judicial reviewunder G.S. 58‑63‑35.

(d)        When theCommissioner finds that an activity in violation of this Part presents animmediate danger to the public that requires an immediate final order, theCommissioner may issue an emergency cease and desist order reciting withparticularity the facts underlying the findings. The emergency cease and desistorder is effective immediately upon service of a copy of the order on therespondent and remains effective for 90 days. If the Commissioner beginsnonemergency cease and desist proceedings, the emergency cease and desist orderremains effective, absent an order by a court of competent jurisdiction inaccordance with G.S. 58‑63‑35.

(e)        In addition to thepenalties and other enforcement provisions of this Part, any person whoviolates this Part is subject to G.S. 58‑2‑70. (2001‑436, s. 3.)