Louisiana Revised Statutes 40:2120.40 – Operating without a license or in violation of departmental regulations; injunctive relief
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Terms Used In Louisiana Revised Statutes 40:2120.40
- Adult: means an individual eighteen years of age or older. See Louisiana Revised Statutes 40:2120.33
- Brain injury: means an acquired or traumatic injury to the brain. See Louisiana Revised Statutes 40:2120.33
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2120.33
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
If any adult brain injury facility operates without a valid license issued by the department, or in violation of departmental regulations, the department may cause a civil suit to be instituted in a district court in the parish in which the facility is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons, or any group operating the facility from continuing the violation.
Acts 2005, No. 245, §1, eff. June 29, 2005.