58 Pa. Stat. § 414

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 414 - Enforcement
(a) Whenever it appears that any person is violating or threatening to violate any provision of this act, or any rule, regulation, or order of the commission, the commission shall bring suit against such person to restrain such person from continuing such violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to such person may be directed to the sheriff of any county in this Commonwealth, for service by such sheriff or his deputies. In any such suit, the court shall have jurisdiction to grant to the commission, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions.
(b) If the commission shall fail to bring suit to enjoin a violation or threatened violation of any provision of this act, or any rule, regulation, or order of the commission, within ten days after receipt of written request to do so by any person who is or will be adversely affected by such violation, the person making such request may bring suit in his own behalf to restrain such violation or threatened violation in any court in which the commission might have brought suit. The commission shall be made a party defendant in such suit in addition to the person violating or threatening to violate a provision of this act, or a rule, regulation, or order of the commission, and the action shall proceed and injunctive relief may be granted without bond, or other undertaking, in the same manner as if the suit had been brought by the commission.

58 P.S. § 414

1961, July 25, P.L. 825, § 14. Affected 1978, April 28, P.L. 202, No. 53, §2(a) [1348], effective 6/27/1978.