(A) If the commissioner has reason to believe that a person has violated or is violating § 35-11-200 or 35-11-300, the commissioner may issue an order to show cause why an order to cease and desist should not be issued requiring the person to cease and desist from the violation of § 35-11-200 or 35-11-300.

(B) In an emergency, the commissioner may petition the Richland County Circuit Court for the issuance of a temporary restraining order ex parte pursuant to the rules of civil procedure.

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Terms Used In South Carolina Code 35-11-730

  • Commissioner: means the South Carolina Attorney General. See South Carolina Code 35-11-105
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or another legal or commercial entity. See South Carolina Code 35-11-105
  • 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.

(C) An order to cease and desist becomes effective upon service of the order on the person.

(D) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to §§ 35-11-800 and 35-11-805.