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ABC Model Practice Act

January 2015

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Section 23. Injunction; Cease and Desist Order

(a) If any person violates a provision of this Act, the Director may, in the name of the People of the State of (State name) and through the Attorney General of the State of   (State name), petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If a person practices as an orthotist, prosthetist, pedorthist, assistant, fitter or technician or holds himself or herself out as an orthotist, prosthetist, pedorthist, assistant, fitter or technician without being licensed under the provisions of this Act, then any other licensed orthotist, prosthetist, pedorthist, assistant, fitter or technician or any interested party or any person injured by the person may, in addition to the Director, petition for relief as provided in subsection (a) of this Section.

(c) Whenever in the opinion of the Department a person violates a provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him or her. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 15 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.