§ 12-275-125 — Enforcement - injunction - defense

(1) When the board has
reasonable cause to believe that any person is violating any provision of this article
275 or any lawful rule issued under this article 275, it may, in addition to all actions
provided for in this article 275 and without prejudice thereto, enter an order in
accordance with section 12-20-405 requiring the person to desist or refrain from
the violation. Additionally, the board may seek injunctive relief in accordance with
section 12-20-406 to enjoin the person from engaging in or continuing the violation
or from doing any act in furtherance of the violation.

(2) When legal actions are instituted against a board member or authorized
personnel for acts occurring while acting in their official capacities and the actions
are free of malice, fraud, or willful neglect of duty, the member or employee served
shall forthwith transmit any process served upon him or her to the attorney general
who shall furnish counsel and defend against the action without cost to the board
member or employee.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1430, � 1, effective October 1.