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This entry was published on 2014-09-22
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SECTION 16.21
Injunctions
Mental Hygiene (MHY) CHAPTER 27, TITLE C, ARTICLE 16
§ 16.21 Injunctions.

(a) The supreme court may, on application of the commissioner, enjoin
violations or threatened violations of any provision of this article or
violations of the regulations of the office established pursuant to this
chapter. Upon request of the commissioner, the attorney general may
maintain a proceeding in the supreme court in the name of the people of
the state to enjoin any such violation, provided that notice of such
violation or threatened violation and proposed referral to the attorney
general has been given to the violator by mailing notice thereof to the
last known address of the violator by registered mail. The court may,
upon proof that such violation is one which may result in injury to any
person, whether or not such person is a party to such action, grant a
temporary restraining order upon such terms as may be just, pending the
determination of the proceeding. No security on the part of the state
shall be required.

(b) It shall be the duty of the attorney general upon the request of
the commissioner to bring an action for an injunction against any person
who violates, disobeys or disregards any term or provision of this
chapter or of any lawful notice, order or regulation pursuant thereto;
provided, however, that the commissioner shall furnish the attorney
general with such material, evidentiary matter or proof as may be
requested by the attorney general for the prosecution of such an action.