Actions Brought by Attorney General; Injunctions and Specific Performance; Incurring and Payment of Costs

1. Law
2. Georgia Code
3. Agriculture
4. Agricultural Commodities Promotion
5. Agricultural Commodity Commission for Propane
6. Actions Brought by Attorney General; Injunctions and Specific Performance; Incurring and Payment of Costs

1. The Attorney General of this state shall, upon complaint by the commission, or may, after examining the complaint and the evidence and believing that a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including the specific performance of any marketing order duly issued by the commission under this article.
2. If there is an application for a preliminary injunction, a hearing of any order to show cause why such injunction should not be issued, or a hearing of any motion for a preliminary injunction suggesting that, or if the court finds in any such action that a defendant therein is violating or has violated any provision of this article or of any marketing order duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
3. In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, a judgment in favor of the commission may provide that the defendant pay the commission the costs it incurred in the prosecution of such action.

(Code 1981, §2-8-216, enacted by Ga. L. 2019, p. 91, § 1/HB 512.)

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