2006 Louisiana Laws - RS 37:1064 — Injunction; penalty; attorney fees; costs

§1064.  Injunction; penalty; attorney fees; costs

A.  The board, through its president, on motion in any court of competent jurisdiction, may cause to issue an injunction to enjoin any person from practicing optometry or violating any other Section or provision of this Chapter.  This injunction shall not be subject to being released upon bond.

B.  In the suit for an injunction, the board, through its president, may demand and the court may assess, in addition to the injunction, a penalty of not more than five thousand dollars, reasonable attorney fees, and costs of court.  This judgment for penalty, attorney fees, and costs may be rendered in the same judgment in which the injunction is made absolute and shall be payable to the board.

C.  Any person adversely affected by a rule or decision of the board shall have standing in a court of competent jurisdiction to seek an injunction against enforcement of the rule or decision.  If the court finds that the rule or decision is illegal, it shall issue an injunction against the board and may assess reasonable attorney fees and costs of court.  The judgment for attorney fees and costs may be rendered in the same judgment in which the injunction is made absolute and shall be made payable by the board.

D.  The trial of this proceeding shall be summary, with preference over ordinary proceedings, and tried by the judge without a jury.

E.  A violation of the injunction shall be considered as contempt of court and punished accordingly.

F.  Any action brought pursuant to this Section shall be in addition to and not in lieu of any penalty provided by this Chapter and may be brought concurrently with other actions to enforce this Chapter.

Amended by Acts 1982, No. 677, §1; Acts 2003, No. 987, §1.