§ 5-8-8. Board — Powers.
(a)(1) Subject to the approval of the director, the board has the power to adopt and amend
all bylaws and rules of procedure, not inconsistent with the constitution and laws
of this state or this chapter, which may be reasonably necessary for the proper performance
of its duties.
(2) The board shall adopt and have an official seal, which is affixed to each certificate
issued.
(b) In carrying into effect the provisions of this chapter, the board, under the hand
of its chairperson and the seal of the board, may recommend that the direct
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§ 5-8-8. Board — Powers.
(a)(1) Subject to the approval of the director, the board has the power to adopt and amend
all bylaws and rules of procedure, not inconsistent with the constitution and laws
of this state or this chapter, which may be reasonably necessary for the proper performance
of its duties.
(2) The board shall adopt and have an official seal, which is affixed to each certificate
issued.
(b) In carrying into effect the provisions of this chapter, the board, under the hand
of its chairperson and the seal of the board, may recommend that the director subpoena
witnesses and compel their attendance, and also may recommend that the director order
the submission of books, papers, documents, or other pertinent data, in any disciplinary
matters, or in any case in which a violation of this chapter or chapter 84 of this
title is alleged. Upon failure or refusal to comply with that order, or upon failure
to honor the subpoena, as provided in this section, the director may apply to a court
of any jurisdiction to enforce compliance with that order or subpoena.
(c) Either on his or her own initiative or on the recommendation of the board, the director
is authorized in the name of the state to apply for relief by injunction in the established
manner provided in cases of civil procedure, without bond, to enforce the provisions
of this chapter, or to restrain any violation of the provisions of this chapter. In
injunction proceedings, it shall not be necessary to allege or prove either that an
adequate remedy at law does not exist or that substantial or irreparable damage would
result from the continued violation. The department and members of the board are not
personally liable under this proceeding.
(d) The state shall indemnify the department and board and the members, employees, or
agents thereof, and hold them harmless from, any and all costs, damages, and reasonable
attorney's fees arising from or related in any way to claims or actions or other legal
proceedings taken against them for any actions taken in good faith in the intended
performance of any power granted under this chapter or for any neglect or default
in the performance or exercise in good faith of that power.