Louisiana Revised Statutes 40:606 – Court review of regulations and administrative actions; injunctions
Terms Used In Louisiana Revised Statutes 40:606
- Department: means the Louisiana Department of Health and "secretary" means the secretary thereof. See Louisiana Revised Statutes 40:602
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
On the petition of any interested person, the district courts may:
(1) Restrain by injunction, temporary or permanent, the enforcement by an officer, representative, or employee of the department of any regulation promulgated by it under the provisions of this Part if it is shown that the regulation is unreasonable, arbitrary, or capricious, or not in accordance with the facts or law, and that the petitioner may suffer substantial damage by reason of its enforcement; and
(2) Grant appropriate injunctive relief from any act or omission of any officer, representative, or employee of the department in the administration of this Part, if it has been shown that the act or omission is unreasonable, arbitrary or capricious, or not in accordance with the facts or law and that petitioner may suffer substantial damage thereby.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.