Skip to main content
Find a Lawyer

North Dakota Century Code Title 65. Workforce Safety and Insurance § 65-04-27.1. Injunctive relief--Procedure

Current as of January 01, 2024 | Updated by Findlaw Staff

1. a. To protect the lives, safety, and well-being of wageworkers, to ensure fair and equitable contributions to the workforce safety and insurance fund among all employers, and to protect the workforce safety and insurance fund, the organization may institute injunction proceedings in the name of the state of North Dakota against certain employers to prohibit them from employing others in those employments defined as hazardous by this title:

(1) When it has been brought to the attention of the organization that the employer has unlawfully employed uninsured workers in violation of section 65-04-33;

(2) When the employer defaults in the payment of insurance premiums, reimbursements, penalties, or interest into the fund; or

(3) When the organization, in exercise of the authority granted it by section 65-03-01, finds that it is necessary to enjoin and restrain certain employers and employments to protect the lives and safety of the employees because of the employer's failure or refusal to comply with necessary and proper safety rules.

b. The courts of this state have jurisdiction to grant preventive relief under the circumstances described in subdivision a.

2. Chapter 32-06 as it relates to injunction applies to proceedings instituted under this section to the extent that chapter is applicable.

3. In addition to chapter 32-06, when the court has granted an immediate temporary injunction at the time of the commencement of the action, the defendant employer may have a hearing by the court on the merits of the case without delay. Upon three days' written notice to the organization, the court shall proceed to hearing on the merits and render its decision.

4. In addition to chapter 32-06, when the court has not granted an immediate temporary injunction at the time of the commencement of the action and the time for answer has expired, either party may have a hearing by the court on the merits of the case. Upon ten days' notice by either party to the other, the court shall proceed to hearing on the merits and render its decision.

5. Any court of competent jurisdiction in this state shall impose a fine of at least one thousand dollars against an employer who has violated an injunction granted under this section. The court shall impose a fine for each violation, in addition to any other penalty provided by law.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - North Dakota Century Code Title 65. Workforce Safety and Insurance § 65-04-27.1. Injunctive relief--Procedure - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-65-workforce-safety-and-insurance/nd-cent-code-sect-65-04-27-1/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard