§ 58-89A-165. Injunctions; civil remedies; cease and desist orders. - North Carolina Statutes

§ 58‑89A‑165. Injunctions; civil remedies; cease and desist orders.

(a)        In addition to thepenalties and other enforcement provisions of this Article, if any personviolates this Article or any rule implementing this Article, the Commissionermay seek an injunction in a court of competent jurisdiction and may apply fortemporary and permanent orders that the Commissioner determines are necessaryto restrain the person from committing the violation.

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

(c)        When theCommissioner finds that an activity in violation of this Article 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.

(d)        In addition to thepenalties and other enforcement provisions of this Article, any person whoviolates this Article is subject to G.S. 58‑2‑70.

(e)        The Commissioner isnot required to post a bond for injunctive relief under this section. (2004‑162, s. 1.)