La. Admin. Code tit. 46 § III-1301

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-1301 - Cease and Desist; Injunctions

A. In addition to or in lieu of the criminal penalties and administrative sanctions provided in the statute and rules, the board is empowered to issue an order to any person or firm engaged in any activity, conduct or practice constituting a violation of any provision of the statute or rules directing such person or firm to cease and desist from such activity, conduct or practice. Such order shall be issued in the name of the state of Louisiana under the official seal of the board.

B. Upon a proper showing by the board that such person or firm has engaged in any activity, conduct or practice prescribed by the statute and rules, the court shall issue a temporary restraining order restraining the person or firm from engaging in unlawful activity, conduct or practices pending the hearing on a preliminary injunction and in due course a permanent injunction shall issue after the hearing commanding the cessation of the unlawful activity, conduct or practices complained of, all without the necessity of the board having to give bond as usually required in such cases. A temporary restraining order, preliminary injunction or permanent injunction issued hereunder shall not be subject to being released upon bond.

C. If the person or firm to whom the board directs a cease and desist order does not cease and desist the prescribed activity, conduct or practice within 10 days from service of such cease and desist order by certified mail, the board may cause to issue in any court of competent jurisdiction and proper venue a writ of injunction enjoining such person or firm from engaging in any activity, conduct or practice by the statute and rules.

D. Those who hold auction licenses who are found in violation of the statutes or regulations shall be responsible for reasonable attorney fees.

La. Admin. Code tit. 46, § III-1301

Promulgated by the Department of Commerce, Auctioneer Licensing Board, LR 11:338 (April 1985), amended by the Department of Economic Development, Auctioneers Licensing Board, LR 14:787 (November 1988), amended by the Office of the Governor, Auctioneers Licensing Board, LR 31:1327 (June 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3122.