Judicial Enforcement Remedies
If the individual continues to violate the agency statute or rules, the agency may seek an injunction to permanently enjoin the action. Injunctions authorized by statute will be granted so long as the agency shows that a statute is being violated.102 Figure 24: Cease and Desist Order
IN RE: [NAME]
§ § § CEASE AND DESIST ORDER
BEFORE THE [AGENCY]
TO: [NAME] [ADDRESS] You are not currently licensed in the State of Texas as a [LICENSED PROFESSIONAL] and never have been licensed by the [AGENCY]. Therefore, you must immediately cease and desist from acting as and impersonating a [LICENSED PROFESSIONAL]. Should you fail to immediately comply with this Cease and Desist Order, you are hereby notified that [AGENCY], through the Office of the Attorney General of the State of Texas, will seek a District Court injunction against you pursuant to [AGENCY ENABLING STATUTE].
Signed this _______ day of _______________, 1999.
By: ________________________________ [AGENCY CONTACT]
SWORN TO AND SUBSCRIBED before me, the undersigned authority, on this the _______ day of _______________, 1999. ________________________________ Notary Public
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State of Texas v. Texas Pet Foods, Inc., 591 S.W.2d 800, 804 (Tex. 1979); Gulf Holding Corp. v. Brazoria County, 497 S.W.2d 614, 619 (Tex.Civ.App.—Houston [14th Dist.] 1973, writ ref’d n.r.e.); Priest v. Texas Animal Health Comm’n, 780 S.W.2d 874, 876 (Tex.App.—Dallas 1989, no writ). 2000 Administrative Law Handbook • Office of the Attorney General
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