10 Guam Code Ann. § 12814
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Terms Used In 10 Guam Code Ann. § 12814
- Allegation: something that someone says happened.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(a) The Board, Commission, or any person affected may petition the court having jurisdiction for injunctions to prevent violations of the provisions of any applicable statute or rule; the court is empowered to grant a cease and desist order regardless of whether criminal prosecution or any other action is instituted as a result of such violation. A single act of illegal practice, including the offer to practice, shall be sufficient to invoke the injunctive relief of this Section. The court may issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner has no adequate remedy at law.
(b) The violation of any cease and desist order issued by the court under Subsection (a) of this Section shall subject the person
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CH. 12 MEDICAL PRACTICES
violating the order to further proceedings before the court; the court shall be authorized to impose a fine not to exceed Five Hundred Dollars ($500.00) for each violation thereof. Each day that a person practices in violation of this Article shall constitute a separate violation.
(c) Nothing in this Section shall be construed to prohibit the Board or Commission from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Section.