Title 2, Chapter 8, Section 73
( 2-8-73)
(a) The Attorney General of this state shall, upon complaint by the
commission, 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 commission
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 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 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 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 commission and effective under this article or of any rule or
regulation issued by the commission pursuant to any marketing order,
the judgment, if in favor of the commission, may provide that the
defendant pay to the commission the costs incurred by the commission
in the prosecution of such action. |