North Dakota Code 38-24-05 – Action to restrain violation or threatened violation
Current as of: 2023 | Check for updates
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The commission may bring action against a person violating or threatening to violate a provision of this chapter, or a rule, regulation, or order of the commission. The action must commence in the district court of the county where the violation occurred or is threatened.
Terms Used In North Dakota Code 38-24-05
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
- 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.
Without the filing of a bond or other undertaking by the commission, the court may issue an injunction, including a temporary restraining order, a preliminary injunction, or a temporary, preliminary, or final order restraining the person from continuing the violation or from carrying out the threat of violation.