This text of North Dakota § 65-04-27.1 (Injunctive relief - Procedure) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. a. To protect the lives, safety, and well-being of wageworkers, to ensure fair and
equitable contributions to the workforce safety and insurance fund among all
employers, and to protect the workforce safety and insurance fund, the
organization may institute injunction proceedings in the name of the state of North
Dakota against certain employers to prohibit them from employing others in those
employments defined as hazardous by this title:
(1)When it has been brought to the attention of the organization that the
employer has unlawfully employed uninsured workers in violation of section
65-04-33;
(2)When the employer defaults in the payment of insurance premiums,
reimbursements, penalties, or interest into the fund; or
(3)When the organization, in exercise of the authority granted it
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1. a. To protect the lives, safety, and well-being of wageworkers, to ensure fair and
equitable contributions to the workforce safety and insurance fund among all
employers, and to protect the workforce safety and insurance fund, the
organization may institute injunction proceedings in the name of the state of North
Dakota against certain employers to prohibit them from employing others in those
employments defined as hazardous by this title:
(1) When it has been brought to the attention of the organization that the
employer has unlawfully employed uninsured workers in violation of section
65-04-33;
(2) When the employer defaults in the payment of insurance premiums,
reimbursements, penalties, or interest into the fund; or
(3) When the organization, in exercise of the authority granted it by section
65-03-01, finds that it is necessary to enjoin and restrain certain employers
and employments to protect the lives and safety of the employees because
of the employer's failure or refusal to comply with necessary and proper
safety rules.
b. The courts of this state have jurisdiction to grant preventive relief under the
circumstances described in subdivision a.
2. Chapter 32-06 as it relates to injunction applies to proceedings instituted under this
section to the extent that chapter is applicable.
3. In addition to chapter 32-06, when the court has granted an immediate temporary
injunction at the time of the commencement of the action, the defendant employer may
have a hearing by the court on the merits of the case without delay. Upon three days'
written notice to the organization, the court shall proceed to hearing on the merits and
render its decision.
4. In addition to chapter 32-06, when the court has not granted an immediate temporary
injunction at the time of the commencement of the action and the time for answer has
expired, either party may have a hearing by the court on the merits of the case. Upon
ten days' notice by either party to the other, the court shall proceed to hearing on the
merits and render its decision.
5. Any court of competent jurisdiction in this state shall impose a fine of at least one
thousand dollars against an employer who has violated an injunction granted under
this section. The court shall impose a fine for each violation, in addition to any other
penalty provided by law.