58-89A-165. Injunctions; civil remedies; cease and desist orders.
(a) In addition to the penalties and other enforcement provisions of this Article, if any person violates this Article or any rule implementing this Article, the Commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders that the Commissioner determines are necessary to restrain the person from committing the violation.
(b) The Commissioner may issue, in accordance with G.S. 58-63-32, a cease and desist order upon a person that violates any provision of this Article, any rule or order adopted by the Commissioner, or any written agreement entered into with the Commissioner. The cease and desist order may be subject to judicial review under G.S. 58-63-35.
(c) When the Commissioner finds that an activity in violation of this Article presents an immediate danger to the public that requires an immediate final order, the Commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for 90 days. If the Commissioner begins nonemergency cease and desist proceedings, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction in accordance with G.S. 58-63-35.
(d) In addition to the penalties and other enforcement provisions of this Article, any person who violates this Article is subject to G.S. 58-2-70.
(e) The Commissioner is not required to post a bond for injunctive relief under this section. (2004-162, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 89A - North Carolina Professional Employer Organization Act.
§ 58-89A-20 - Interagency cooperation.
§ 58-89A-25 - Effect of other law on client companies and assigned employees.
§ 58-89A-30 - Other provisions of this chapter.
§ 58-89A-31 - Tax credits and other incentives.
§ 58-89A-35 - License required; professional employer organization groups.
§ 58-89A-40 - Qualifications for controlling person.
§ 58-89A-50 - Surety bond; letter of credit; other deposits.
§ 58-89A-60 - License application.
§ 58-89A-70 - License issuance and maintenance.
§ 58-89A-75 - De minimis registration.
§ 58-89A-76 - Alternative licensing.
§ 58-89A-80 - License not assignable; change of name or location.
§ 58-89A-85 - Supervision; rehabilitation; liquidation.
§ 58-89A-100 - Contract requirements.
§ 58-89A-105 - Employee benefit plans; required disclosure; other reports.
§ 58-89A-106 - Health insurance plan requirements.
§ 58-89A-107 - Examinations of self-funded health benefit plans.
§ 58-89A-110 - Workers' compensation insurance.
§ 58-89A-115 - Benefit plan notice.
§ 58-89A-120 - Unemployment taxes; payroll.
§ 58-89A-125 - Posting requirements.
§ 58-89A-130 - Contractual duties.
§ 58-89A-135 - Compliance with other laws.
§ 58-89A-140 - Required information.
§ 58-89A-150 - Agent for service of process.
§ 58-89A-155 - Grounds for disciplinary action.
§ 58-89A-165 - Injunctions; civil remedies; cease and desist orders.
§ 58-89A-170 - Prohibited acts.
§ 58-89A-175 - Criminal penalty.
§ 58-89A-180 - Application to unlicensed professional employer organizations.