Louisiana Revised Statutes 37:1893.4 – A. The commission may institute injunctive actions in courts of competent jurisdiction in the name of the state without cost, bond, or deposit to enforce the provisions of this Part.
Terms Used In Louisiana Revised Statutes 37:1893.4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Venue: The geographical location in which a case is tried.
A. The commission may institute injunctive actions in courts of competent jurisdiction in the name of the state without cost, bond, or deposit to enforce the provisions of this Part.
B. A person who violates or threatens to violate any provision of this Part or rule or regulation promulgated by the commission may be enjoined from committing or continuing the violation or engaging in any business for which a license has been issued in accordance with this Part. In addition to any other proper venue, the parish of East Baton Rouge shall constitute a proper venue for the institution by the commission of judicial actions authorized pursuant to this Part.
C. All costs, including reasonable attorney fees set by the court incurred by the commission, shall be borne by the person who has been so enjoined.
D.(1) If it appears to the commission at any time that a person is violating the provisions of this Part or any rule or order of the commission issued pursuant to this Part, it shall notify the person engaged in the conduct to appear and show cause why a cease and desist order shall not be issued prohibiting the proscribed conduct. An interlocutory cease and desist order may be granted with or without bond or other undertaking if any of the following conditions exists:
(a) The order is necessary for the performance of the duties delegated to the commission by this Part or is otherwise necessary or convenient to maintaining the status quo between two or more adverse parties before the commission.
(b) A party before the commission is entitled to relief demanded of the commission, and all or part of the relief requires the restraint of some act prejudicial to the party.
(c) A person is performing or is about to perform or is procuring or allowing the performance of an act relating to the subject of a contested case pending before the commission, and the act would tend to render the commission’s order in that case ineffectual.
(d) Substantial injury to the rights of a person subject to the jurisdiction of the commission is threatened irrespective of any remedy at law.
(2) An interlocutory cease and desist order shall remain in effect until it is vacated or incorporated into a final commission order. A permanent cease and desist order may be issued without regard to the enumerations in Paragraph (1) of this Subsection but only in accordance with the provisions of this Part pertaining to the issuance of final commission orders.
(3) Appeal of an interlocutory cease and desist order shall be made to the commission prior to seeking judicial review in accordance with the provisions of this Part. Appeal of a permanent cease and desist order shall be conducted pursuant to the provisions of this Part pertaining to judicial review of final orders.
Acts 2023, No. 373, §1.