§ 131D-2.6. Legal action by Department.
§ 131D‑2.6. Legalaction by Department.
(a) Notwithstanding theexistence or pursuit of any other remedy, the Department may, in the mannerprovided by law, maintain an action in the name of the State for injunction orother process against any person to restrain or prevent the establishment,conduct, management, or operation of an adult care home without a license. Suchaction shall be instituted in the superior court of the county in which anyunlicensed activity has occurred or is occurring.
(b) Any individual orcorporation that establishes, conducts, manages, or operates a facility subjectto licensure under this section without a license is guilty of a Class 3misdemeanor and, upon conviction, shall be punishable only by a fine of notmore than fifty dollars ($50.00) for the first offense and not more than fivehundred dollars ($500.00) for each subsequent offense. Each day of a continuingviolation after conviction shall be considered a separate offense.
(c) If any person shallhinder the proper performance of duty of the Secretary or the Secretary'srepresentative in carrying out this section, the Secretary may institute anaction in the superior court of the county in which the hindrance has occurredfor injunctive relief against the continued hindrance, irrespective of allother remedies at law.
(d) Actions under thissection shall be in accordance with Article 37 of Chapter 1 of the GeneralStatutes and Rule 65 of the Rules of Civil Procedure. (2009‑462, s. 1(e).)