Miss. Code § 73-7-37

Current through the 2024 Regular Session
Section 73-7-37 - [Effective Until 1/1/2025] Penalty for violations of chapter; proceedings for orders enjoining violations or enforcing compliance with chapter; violations of court orders
(1) The violation of any of the provisions of this chapter, including the use of fraudulent statements to obtain any benefits or privileges under this chapter or practicing one (1) of these professions without a license, shall constitute a misdemeanor, punishable in any court of competent jurisdiction at the seat of government, and any person or firm convicted of the violation of any of the provisions of this chapter shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). The court shall not be authorized to suspend or suspend the execution of the fine required under this section.
(2) If any person, firm or corporation violates any of the provisions of this chapter, the secretary of the board, upon direction of a majority of the board and in the name of the board, acting through the Attorney General or an attorney employed by the board, shall apply in the Chancery Court of the First Judicial District of Hinds County, Mississippi, for an order enjoining such violation or for an order enforcing compliance with the provisions of this chapter. Upon the filing of a verified petition in the chancery court and after notice as provided under the Mississippi Rules of Civil Procedure, such court, if satisfied by the sworn petition, by affidavit or otherwise, that such person has violated any of the provisions of this chapter, may issue an injunction without notice or bond, enjoining such continued violation and such injunction shall remain in force and effect until a final hearing. If at such hearing it is established that such person has violated or is violating any of the provisions of this chapter, the court may enter a decree permanently enjoining such violation or enforcing compliance with this chapter. In addition, the court may enter a judgment against such person for attorney's fees, court costs and the actual costs incurred by the board in investigating the actions of such person for which the board brought the suit for an injunction. In case of violation of any decree issued in compliance with this subsection, the court may punish the offender for contempt of court and the court shall proceed as in other cases.
(3) The proceedings in this section shall be in addition to and not in lieu of the other remedies and penalties provided in this chapter.

Miss. Code § 73-7-37

Codes, 1942, § 8915-18; Laws, 1948, ch. 367, § 18; Laws, 1964, ch. 450, § 18; reenacted without change, Laws, 1983, ch. 487, § 19; Laws, 1991, ch. 553, § 24; reenacted, Laws, 1993, ch. 596, § 23; reenacted, Laws, 1995, ch. 383, § 24; reenacted and amended, Laws, 1997, ch. 513, § 24; reenacted without change, Laws, 2005, ch. 492, § 24; reenacted without change, Laws, 2010, ch. 487, § 24; reenacted without change, Laws, 2011, ch. 525, § 24, eff. 7/1/2011.
Reenacted without change by Laws, 2021, ch. 470, HB 1312,§ 24, eff. 4/9/2021.
Amended by Laws, 2013, ch. 523, HB 1164, 24, eff. 7/1/2013.
This section is set out more than once due to postponed, multiple, or conflicting amendments.