§ 358-a. Action and injunction. 1. The industrial commissioner may\nmaintain an action upon his own information or upon the complaint of a\nprivate person against any person, partnership, corporation or\nassociation, and any employee, agent, director or officer thereof who\ncommits any act or engages in any conduct prohibited by this article. In\nany such action, the final judgment in favor of the plaintiff shall\nperpetually restrain the defendant from the commission or continuance of\nthe act complained of. A temporary restraining order to restrain the\ncommission or continuance thereof may be granted upon proof, by\naffidavit, that the defendant has violated any of the provisions of this\narticle. The provisions of statute or rule relating generally to\ninjunctions as provisional remedies in actions apply to such a temporary\nrestraining order and the proceedings thereupon.\n 2. If the industrial commissioner fails to maintain an action pursuant\nto subdivision one hereof within fifteen days of being notified by\ncertified mail of such an alleged violation, any industrial homeworker\nor any other person, partnership, corporation or association making such\nmailing who is aggrieved by such alleged violation may commence such an\naction and seek an injunction pursuant to the provisions of statute or\nrule relating generally to injunctions as provisional remedies.\n
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