This text of Louisiana § 37:1893.4 (Injunctions; cease and desist orders) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1893.4. Injunctions; cease and desist orders
A.The commission may institute injunctive actions in courts of competent
jurisdiction in the name of the state without cost, bond, or deposit to enforce the provisions
of this Part.
B.A person who violates or threatens to violate any provision of this Part or rule or
regulation promulgated by the commission may be enjoined from committing or continuing
the violation or engaging in any business for which a license has been issued in accordance
with this Part. In addition to any other proper venue, the parish of East Baton Rouge shall
constitute a proper venue for the institution by the commission of judicial actions authorized
pursuant to this Part.
C.All costs, including reasonable attorney fees set by the court incurred by the
commission, s
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§1893.4. Injunctions; cease and desist orders
A. The commission may institute injunctive actions in courts of competent
jurisdiction in the name of the state without cost, bond, or deposit to enforce the provisions
of this Part.
B. A person who violates or threatens to violate any provision of this Part or rule or
regulation promulgated by the commission may be enjoined from committing or continuing
the violation or engaging in any business for which a license has been issued in accordance
with this Part. In addition to any other proper venue, the parish of East Baton Rouge shall
constitute a proper venue for the institution by the commission of judicial actions authorized
pursuant to this Part.
C. All costs, including reasonable attorney fees set by the court incurred by the
commission, shall be borne by the person who has been so enjoined.
D.(1) If it appears to the commission at any time that a person is violating the
provisions of this Part or any rule or order of the commission issued pursuant to this Part, it
shall notify the person engaged in the conduct to appear and show cause why a cease and
desist order shall not be issued prohibiting the proscribed conduct. An interlocutory cease
and desist order may be granted with or without bond or other undertaking if any of the
following conditions exists:
(a) The order is necessary for the performance of the duties delegated to the
commission by this Part or is otherwise necessary or convenient to maintaining the status quo
between two or more adverse parties before the commission.
(b) A party before the commission is entitled to relief demanded of the commission,
and all or part of the relief requires the restraint of some act prejudicial to the party.
(c) A person is performing or is about to perform or is procuring or allowing the
performance of an act relating to the subject of a contested case pending before the
commission, and the act would tend to render the commission's order in that case ineffectual.
(d) Substantial injury to the rights of a person subject to the jurisdiction of the
commission is threatened irrespective of any remedy at law.
(2) An interlocutory cease and desist order shall remain in effect until it is vacated
or incorporated into a final commission order. A permanent cease and desist order may be
issued without regard to the enumerations in Paragraph (1) of this Subsection but only in
accordance with the provisions of this Part pertaining to the issuance of final commission
orders.
(3) Appeal of an interlocutory cease and desist order shall be made to the
commission prior to seeking judicial review in accordance with the provisions of this Part.
Appeal of a permanent cease and desist order shall be conducted pursuant to the provisions
of this Part pertaining to judicial review of final orders.