49-812. Compliance orders; injunctive relief

350 words·~2 min read·/az/title-49/49-812

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

A. If the director has reasonable cause to believe that a person is violating a provision of this article or a rule adopted pursuant to this article, the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasonable particularity the nature of the violation and shall specify either immediate compliance or a time period for compliance which the director determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable legal requirements.

The alleged violator has thirty days from the date of issuance of the order within which to request a hearing pursuant to title 41, chapter 6, article 10.

B. If the director has reasonable cause to believe that an order issued pursuant to this section is being violated or that a person is engaging in an act or practice which constitutes a violation for which he is authorized to issue an order pursuant to this section, the attorney general at the request of the director may apply to the superior court in the county in which the violation is occurring or in which the department maintains an office for a temporary restraining order, preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court.

C. If the director has reasonable cause to believe that a person is engaging in an act or practice which violates any provision of section 49-811, the attorney general at the request of the director may apply to the superior court for a temporary restraining order, preliminary injunction or permanent injunction. Such action has precedence over all other matters pending in the court.

D. No provision of this section shall be construed to reduce the authority of the attorney general under any other provision of law.

E. The court, in issuing any final order in any civil action brought under this section may award costs of litigation, including reasonable attorney and expert witness fees, to any substantially prevailing party if the court determines such an award is appropriate.