20-3214. Injunctions; civil remedies; cease and desist

334 words·~2 min read·/az/title-20/20-3214

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In addition to the penalties and other enforcement provisions of this chapter, if any person violates any provision of this chapter or any rule adopted pursuant to this chapter, the director may seek an injunction in a court of competent jurisdiction in the county where the person resides or has a principal place of business and may apply for temporary and permanent orders that the director determines are necessary to restrain the person from further committing the violation.

B. Any person who is damaged by the acts of another person in violation of this chapter or any rule adopted pursuant to this chapter may bring a civil action for damages against the person committing the violation in a court of competent jurisdiction.

C. The director may issue a cease and desist order pursuant to section 20-456 upon a person who violates any provision of this chapter, any rule or order adopted by the director or any written agreement entered into with the director.

D. If the director finds that an action presents an immediate danger to the public and requires an immediate final order, the director may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for ninety days. If the department begins nonemergency cease and desist proceedings under subsection C of this section, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction.

In addition to actual damages, if the violation of this chapter was willful, the trial court may award statutory damages in an amount up to three times the actual damages awarded. The provisions of this chapter may not be waived by agreement. No choice of law provision may be used to prevent the application of this chapter to any settlement in which a party to the settlement is a resident of this state.