19-2-116. Injunction or other remedies to prevent violations -- Civil actions not abridged.
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19-2-116. Injunction or other remedies to prevent violations -- Civil actions not abridged.
(1)Action under Section 19-2-115 does not bar enforcement of this chapter, or any of the rules adopted under it or any orders made under it by injunction or other appropriate remedy. The director has the power to institute and maintain in the name of the state any and all enforcement proceedings.
(2)This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding for this purpose.
(a)In addition to any other remedy created in this chapter, the director may initiate an action for appropriate injunctive relief:
(i)upon failure of any person to comply with:
(A)any provision of this chapter;
(B)any rule adopted under this chapter; or
(C)any final order made by the board, the director, or the executive director; and
(ii)when it appears necessary for the protection of health and welfare.
(b)The attorney general shall bring injunctive relief actions on request.
(c)A bond is not required.
Amended by Chapter 360 , 2012 General Session