Title 2, Chapter 8, Section 33
( 2-8-33)
(a) The Attorney General of this state shall, upon complaint by the
Commissioner, or may, upon his own initiative if after examination
of the complaint and evidence he believes a violation has occurred,
bring an action in the superior court in the name of the
Commissioner for civil penalties or for injunctive relief, including
specific performance of any obligation imposed by a marketing order
or any rule or regulation issued under this article, or both,
against any person violating any provisions of this article or of
any marketing order or any rule or regulation duly issued by the
Commissioner or any commission under this article. (b) If it appears to the court, upon any application for a temporary
restraining order, upon the hearing of any order to show cause why a
preliminary injunction should not be issued, or upon the hearing of
any motion for a preliminary injunction, or if the court finds in
any such action that any defendant therein is violating or has
violated any provision of this article or of any marketing order or
any rule or regulation duly issued by the Commissioner or any
commission under this article, then the court shall enjoin the
defendant from committing further violations and may compel specific
performance of any obligation imposed by a marketing order or any
rule or regulation issued by the Commissioner or commission under
this article. It shall not be necessary in such event to allege or
prove lack of an adequate remedy at law. (c) In any action brought by the Attorney General to enforce any of
the provisions of this article or of any marketing order issued by
the Commissioner or any commission and effective under this article
or of any rule or regulation issued by the Commissioner or any
commission pursuant to any marketing order, the judgment, if in
favor of the Commissioner or the commission, may provide that the
defendant pay to the Commissioner or to the commission concerned
with the administration of such marketing order the costs incurred
by the Commissioner or by the commission in the prosecution of such
action. |