1. (A) When the disciplinary panel or the department has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, in addition to all other remedies, it may order the person to immediately cease and desist from engaging in the conduct. If the person is practicing massage/bodywork without being licensed under this chapter the disciplinary panel or the department also may apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The administrative law judge may issue a temporary restraining order ex parte and the disciplinary panel or the department is not required to:

   1. (1) post a bond;
   2. (2) establish the absence of an adequate remedy at law;

   3. (3) establish that irreparable damage would result from the continued violation.

      No disciplinary panel member nor the Director of the Department of Labor, Licensing or Regulation nor any other employee of the department may be held liable for damages resulting from a wrongful temporary restraining order.

2. (B) In accordance with the South Carolina Rules of Civil Procedure, the disciplinary panel or the department also may seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter.

HISTORY: 1996 Act No. 387, Section 1.