§ 39-4-23 - Action in supreme court to prevent violations.
SECTION 39-4-23
§ 39-4-23 Action in supreme court toprevent violations. – Whenever the division shall be of the opinion that a public utility, subject toits supervision, is failing or omitting, or about to fail or omit, to doanything required of it by law or by order of the division, or is doinganything, is about to do anything, or is permitting anything, or is about topermit anything to be done contrary to or in violation of law or of any orderof the division, it shall direct the attorney general to commence an action orproceeding in the supreme court in the name of the division for the purpose ofhaving the violations or threatened violations prevented. The attorney generalshall thereupon begin the action or proceeding by petition to the supremecourt, alleging the violation or threatened violation complained of, andpraying for appropriate relief. It shall thereupon be the duty of the court tospecify a time not exceeding twenty (20) days after the service of the copy ofthe petition, within which the public utility complained of must answer thepetition, and in the meantime the public utility may be restrained. In the caseof a default in answering, or after the answer, the court shall immediatelyinquire into the facts and circumstances of the case. Such corporations orpersons as the court may deem necessary or proper to be joined as parties inorder to make its judgment, order, or writ effective, may be joined as parties.The final judgment in any action or proceeding, shall either dismiss the actionor proceeding or direct that appropriate relief be granted as prayed for in thepetition, or in modified or other form.