§82.2. Noncompliance with Chapter; injunction

            A. In addition to or in lieu of the criminal penalties or administrative remedies or sanctions provided in this Chapter or administrative rules, the commission may issue an order to any licensee or other person or entity engaged in any activity, conduct, or practice in violation of this Chapter or those rules, directing that person or entity to immediately cease and desist from that activity, conduct, or practice. This order shall be issued in the name of the state, under the official seal of the commission.

            B. If the person or entity to whom the commission directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice within three business days of receipt of that order, the commission, through its proper officer or agent, may seek and cause to issue in any court of competent jurisdiction and venue a writ of injunction, including a temporary restraining order, enjoining that person or entity from engaging in the prohibited activity, conduct, or practice.

            C. In a suit for an injunction, the commission may demand of the defendant reasonable attorney fees, associated investigative and administrative expenses, and costs of court. The judgment for attorney fees, expenses, and costs may be rendered in the same judgment in which the injunction is made absolute.

            D.(1) Upon a proper showing by the commission that a person or entity has engaged in any activity, conduct, or practice prohibited by this Chapter or commission rule, the court shall issue a temporary restraining order enjoining that person or entity from engaging in that unlawful activity, conduct, or practice pending a hearing on a preliminary injunction, and, in due course, a permanent injunction shall be issued after a hearing, commanding the cessation of that unlawful activity, conduct, or practice complained of, without the necessity of the commission giving bond as ordinarily required in such cases.

            (2) A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to this Section shall not be released upon bond.

            E. The trial of the proceeding for injunction shall be summary and by the judge without a jury.

            Acts 2007, No. 90, §1; Acts 2026, No. 883, §1.