Nevada Revised Statutes 459.854 – Injunctive relief
1. The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.800 to 459.856, inclusive, or any regulation adopted or permit or order issued pursuant to those sections.
Terms Used In Nevada Revised Statutes 459.854
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
2. If the Director shows that a person is or has engaged in any act or practice which violates a provision of NRS 459.800 to 459.856, inclusive, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond, any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if:
(a) The Director gives notice to the defendant in person, of the Director’s intention to seek such an order, or mails such notice to the defendant’s last known address by registered or certified mail. The notice must be given at least 10 days before the commencement of the hearing.
(b) Before and during that 10-day period, the Director affords the defendant an opportunity to correct each violation which is the subject of the hearing and the defendant fails to correct the violation or violations before the commencement of the hearing.
3. The court may require a performance bond or other security by the respondent to ensure the respondent’s compliance with the order.