Legislation
SECTION 103
Limited review of provisions of chapter and of rules, regulations and orders
Labor (LAB) CHAPTER 31, ARTICLE 3
§ 103. Limited review of provisions of chapter and of rules,
regulations and orders. 1. Every provision of this chapter and of the
rules and regulations made in pursuance thereof, and every order
directing compliance therewith, shall be valid unless declared invalid
in a proceeding brought under the provisions of this chapter. Except as
otherwise provided in this chapter, no court shall have jurisdiction to
review or annul any such provision, rule, regulation or order or to
restrain or interfere with its enforcement.
2. Every such provision, rule, regulation or order shall in a
prosecution or action to impose a penalty for its violation be deemed
valid unless prior thereto such provision, rule, regulation or order has
been revoked or modified by the board or annulled by a court, or unless
a proceeding under this article is pending, in which case the
prosecution or action shall be stayed by the court pending the final
determination thereof. If any such prosecution or action is commenced
against a defendant who has not previously been served with an order to
comply with such provision, rule, regulation or order or who has been
served with such an order but has not had a reasonable opportunity to
comply therewith, and if within five days the defendant commences
proceedings under the provisions of this article, the prosecution or
action shall be stayed as if such proceeding were pending at the time it
was commenced. The provisions in this subdivision relating to court
stays shall be subject to any provision in any other section of this
chapter relating to stays of proceedings or actions.
regulations and orders. 1. Every provision of this chapter and of the
rules and regulations made in pursuance thereof, and every order
directing compliance therewith, shall be valid unless declared invalid
in a proceeding brought under the provisions of this chapter. Except as
otherwise provided in this chapter, no court shall have jurisdiction to
review or annul any such provision, rule, regulation or order or to
restrain or interfere with its enforcement.
2. Every such provision, rule, regulation or order shall in a
prosecution or action to impose a penalty for its violation be deemed
valid unless prior thereto such provision, rule, regulation or order has
been revoked or modified by the board or annulled by a court, or unless
a proceeding under this article is pending, in which case the
prosecution or action shall be stayed by the court pending the final
determination thereof. If any such prosecution or action is commenced
against a defendant who has not previously been served with an order to
comply with such provision, rule, regulation or order or who has been
served with such an order but has not had a reasonable opportunity to
comply therewith, and if within five days the defendant commences
proceedings under the provisions of this article, the prosecution or
action shall be stayed as if such proceeding were pending at the time it
was commenced. The provisions in this subdivision relating to court
stays shall be subject to any provision in any other section of this
chapter relating to stays of proceedings or actions.