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Introduced Version House Bill 2221 History

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hb2221 intr
H. B. 2221


(By Delegate H. White)
[Introduced February 11, 2005; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §33-11-6 of the code of West Virginia, 1931, as amended, relating to removing the maximum aggregate penalties limit for certain violations of the unfair trade practices act.

Be it enacted by the Legislature of West Virginia:
That §33-11-6 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11. UNFAIR TRADE PRACTICES.
§33-11-6. Violations, cease and desist and penalty orders and modifications thereof.

If, after notice and hearing, the Commissioner determines that any person has engaged in or is engaging in any method of competition, act or practice in violation of the provisions of this article or any rules or regulations promulgated by the Commissioner thereunder, the Commissioner shall issue an order directing such person to cease and desist from engaging in such method of competition, act or practice, and in addition thereto, the Commissioner may at his or her discretion order any one or more of the following:
(a) Require the payment to the State of West Virginia of a penalty in a sum not exceeding one thousand dollars for each and every act or violation, but not to exceed an aggregate penalty of ten thousand dollars, unless the person knew or reasonably should have known he or she was in violation of this article, in which case the penalty shall be not more than five thousand dollars for each and every act or violation. but not to exceed an aggregate penalty of fifty thousand dollars in any six-month period
(b) Revoke or suspend the license of such person if he or she knew or reasonably should have known that he or she was in violation of this article.
(c) No order of the Commissioner pursuant to this article or order of court to enforce it, or holding of a hearing, shall in any manner relieve or absolve any person affected by such order or hearing from any other liability, penalty or forfeiture under law.

NOTE: The purpose of this bill is to remove the aggregate penalty limit for multiple violations of the unfair trade practices act.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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