North Carolina General Statutes 86B-8. Enjoining illegal practices
Terms Used In North Carolina General Statutes 86B-8
- 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.
- Venue: The geographical location in which a case is tried.
(a) If the Board finds that any person is violating any of the provisions of this Chapter, it may apply in its own name to the superior court for an injunction or restraining order to prevent that person from further violation. The court is empowered to grant an injunction regardless of whether any other enforcement action has been or may be instituted. All actions by the Board shall be governed by the North Carolina Rules of Civil Procedure.
(b) The venue for actions brought under this Chapter shall be the superior court in the county where the illegal or unlawful acts are alleged to have been committed, in the county where the defendant resides, or in the county where the Board maintains its offices and records.
(c) The Department of Health and Human Services, or any county or district health director may apply to the superior court for an injunction to restrain any person from violating the provisions of this Chapter or the Board’s rules. Actions under this section shall be brought in the county where the defendant resides or maintains his or her principal place of business or where the alleged acts occurred. (1989 (Reg. Sess., 1990), c. 1033, s. 1; recodified from N.C. Gen. Stat. 86A-20.1, and from N.C. Gen. Stat. 88A-22, by 2022-72, s. 1(i), (j); 2022-72, s. 2.)