North Carolina § 90-121 - 1. (Effective until December 1, 2021) Board may enjoin illegal practices.

§ 90-121. 1. (Effective until December 1, 2021) Board may enjoin illegal practices.

In view of the fact that the illegal practice of optometry imminently endangers the public health and welfare, and is a public nuisance, the North Carolina State Board of Examiners in Optometry may, if it shall find that any person is violating any of the provisions of this Article, apply to the superior court for a temporary or permanent restraining order or injunction to restrain such person from continuing such illegal practices. If upon such application, it shall appear to the court that such person has violated, or is violating, the provisions of this Article, the court shall issue an order restraining any further violating thereof. All such actions by the Board for injunctive relief shall be governed by the provisions of Article 37 of Chapter 1 of the General Statutes: provided, such injunctive relief may be granted regardless of whether criminal prosecution has been or may be instituted under the provisions of G.S. 90-124 . Actions under this section shall be commenced in the superior court district or set of districts as defined in G.S. 7A-41.1 in which the respondent resides or has his principal place of business. History (1973, c. 800, s. 19; 1981, c. 496, s. 11; 1987 (Reg. Sess., 1988), c. 1037, s. 101.) § 90-121.1. Board may enjoin illegal practices. In view of the fact that the illegal practice of optometry imminently endangers the public health and welfare and is a public nuisance, the North Carolina State Board of Examiners in Optometry may, if it finds that any person is violating any of the provisions of this Article, apply to the superior court for a temporary or permanent restraining order or injunction to restrain the person from continuing the illegal practices. If upon the application, the court determines that the person has violated, or is violating, the provisions of this Article, the court shall issue an order restraining any further violation. All actions under this section by the Board for injunctive relief are governed by the provisions of Article 37 of Chapter 1 of the General Statutes. Actions under this section shall be commenced in the superior court district or set of districts as defined in G.S. 7A-41.1 in which the respondent resides or has a principal place of business. History (1973, c. 800, s. 19; 1981, c. 496, s. 11; 1987 (Reg. Sess., 1988), c. 1037, s. 101; 2021-84, s. 7(a).) Editor's Note. - Session Laws 2021-84, s. 12, made the amendments to this section by Session Laws 2021-84, s. 7(a), effective December 1, 2021, and applicable to offenses committed on or after that date. Session Laws 2021-84, s. 12, further provides: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2021-84, s. 7(a), rewrote the section. For effective date and applicability, see editor's note.