Enforcement - injunction - defense.

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(1) When the board has reasonable cause to believe that any person is violating any provision of this article 275 or any lawful rule issued under this article 275, it may, in addition to all actions provided for in this article 275 and without prejudice thereto, enter an order in accordance with section 12-20-405 requiring the person to desist or refrain from the violation. Additionally, the board may seek injunctive relief in accordance with section 12-20-406 to enjoin the person from engaging in or continuing the violation or from doing any act in furtherance of the violation.

(2) When legal actions are instituted against a board member or authorized personnel for acts occurring while acting in their official capacities and the actions are free of malice, fraud, or willful neglect of duty, the member or employee served shall forthwith transmit any process served upon him or her to the attorney general who shall furnish counsel and defend against the action without cost to the board member or employee.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1430, § 1, effective October 1.

Editor's note: This section is similar to former § 12-40-123 as it existed prior to 2019.


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