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§ 20-3-250.18. Initiation of court proceedings by executive director
(a) The Attorney General of this state or the district attorney of any judicial circuit in which a nonpublic postsecondary educational institution is found, at the request of the executive director or on his or her own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this part.
(b) Whenever it shall appear to the executive director that any person, group, or entity is about to violate or has been violating any of the provisions of this part or any of the lawful rules, regulations, or orders of the executive director, the executive director may, on his or her own motion or on the written complaint of any person, file a petition for injunction in the name of the commission in any court of competent jurisdiction in this state against such person, group, or entity for the purpose of enjoining such violation or for an order directing compliance with this part and all rules, regulations, and orders issued pursuant thereto. It shall not be necessary that the executive director allege or prove that he or she has no adequate remedy at law. The right of injunction provided in this Code section shall be in addition to any other legal remedy which the executive director has and shall be in addition to any right of criminal prosecution provided by law, but the executive director shall not obtain a temporary restraining order without notice to the person, group, or entity affected. The existence of an action of the executive director with respect to alleged violations of this part shall not operate as a bar to an action for injunctive relief pursuant to this Code section.
HISTORY: Code 1981, § 20-3-250.18, enacted by Ga. L. 1990, p. 1166, § 3; Ga. L. 2022, p. 378, § 14/SB 333.
The 2022 amendment, effective July 1, 2022, deleted “or an agent thereof” following “institution” in subsection (a); inserted “or her” in subsection (a) and in the first sentence in subsection (b); and in subsection (b), deleted ”agent” following the first occurrence of “person” in the first sentence, and inserted “or she” in the second sentence.