HARRY HUGHES, Governor

2141

OCCURRED, THE DEPARTMENT SHALL ISSUE AN ORDER THAT REQUIRES
CORRECTION OF THE VIOLATION WITHIN A TIME SET IN THE ORDER.

(C)  DUTY OF DEPARTMENT TO ENFORCE ORDER.
THE DEPARTMENT SHALL:

(1)  TAKE ACTION TO SECURE COMPLIANCE WITH ANY
FINAL CORRECTIVE ORDER; AND

(2)  IF THE TERMS OF THE FINAL CORRECTIVE ORDER
ARE VIOLATED OR IF A VIOLATION IS NOT CORRECTED WITHIN THE
TIME SET IN THE ORDER, SUE TO REQUIRE CORRECTION OF THE
VIOLATION.

(D)  OTHER ACTION PERMITTED.

THIS SECTION DOES NOT PREVENT THE DEPARTMENT OR THE
ATTORNEY GENERAL FROM TAKING ACTION AGAINST A VIOLATOR
BEFORE THE EXPIRATION OF THE TIME LIMITATIONS OR SCHEDULES
IN THE ORDER.

REVISOR'S NOTE: This section is new language patterned
after NR § 8-1414 and the third, fourth, and
fifth sentences of the second paragraph of NR §
8-1412(a).

7-263. INJUNCTIVE RELIEF.

(A)  IN GENERAL.

THE DEPARTMENT SHALL BRING AN ACTION FOR AN INJUNCTION
AGAINST ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE OR ANY RULE, REGULATION, ORDER, HAULER CERTIFICATE,
VEHICLE CERTIFICATE, OR FACILITY PERMIT ISSUED BY THE
DEPARTMENT UNDER THIS SUBTITLE.

(B)  DEPARTMENT FINDINGS.

IN ANY ACTION FOR AN INJUNCTION UNDER THIS SECTION, ANY
FINDING OF THE DEPARTMENT AFTER A HEARING IS PRIMA FACIE
EVIDENCE OF EACH FACT THE DEPARTMENT DETERMINES.

(C)  GROUNDS FOR INJUNCTION.

ON A SHOWING THAT ANY PERSON IS VIOLATING OR IS ABOUT
TO VIOLATE THIS SUBTITLE OR ANY RULE, REGULATION, ORDER,
HAULER CERTIFICATE, VEHICLE CERTIFICATE, OR FACILITY PERMIT
ISSUED BY THE DEPARTMENT, THE COURT SHALL GRANT AN
INJUNCTION WITHOUT REQUIRING A SHOWING OF A LACK OF AN
ADEQUATE REMEDY AT LAW.

(D)  EMERGENCY.

IF AN EMERGENCY EXISTS FROM IMMINENT DANGER TO THE