39-9-404. Restraining orders -- injunctions. (1) If the authorized compliance inspector, upon investigation or inspection, reasonably believes that a contractor has failed to register in accordance with this chapter or the rules adopted under 39-9-103, the department may issue an order immediately restraining further construction work at the worksite by the contractor. The order shall describe the specific violation that necessitated the issuance of the restraining order. The contractor or representative to whom the restraining order is directed may request a hearing to be conducted pursuant to the Montana Administrative Procedure Act. A request for hearing may not stay the effect of the restraining order.
     (2) In addition to and after having invoked the powers of restraint vested in the department as provided in subsection (1), the department, through the attorney general, may petition the district court to enjoin any activity in violation of this chapter. A prima facie case for issuance of an injunction must be established by affidavits and supporting documentation that a restraining order was served upon the contractor and that the contractor continued to work after service of the order. Upon the filing of the petition, the district court has jurisdiction to grant injunctive or other appropriate relief, pending the outcome of enforcement proceedings under this chapter, or to enforce restraining orders issued by the department. If the contractor fails to comply with a court order, the department shall petition the district court for an order holding the contractor in contempt of court and for any other appropriate relief.

     History: En. Sec. 18, Ch. 500, L. 1995.