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Introduced Version House Bill 4111 History

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H. B. 4111


         (By Delegates Morgan, Stephens, Hatfield,

                   Hartman and Swartzmiller)

         [Introduced January 18, 2012; referred to the

         Committee on Government Organization then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-20-23, relating to injunctions.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §30-20-23, to read as follows:


§30-20-23. Actions to enjoin violations.

    (a) If the board obtains information that a person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of this article, the rules promulgated pursuant to this article, or a final order or decision of the board, it may issue a notice to the person to cease and desist in engaging in the act and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.

    (b) The circuit courts of this state may issue a temporary injunction pending a decision on the merits, and may issue a permanent injunction based on its findings in the case.

    © The judgment of the circuit court on an application permitted by this section is final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals.

    NOTE: The purpose of this bill is to permit the Board of Physical Therapists to request an injunction for unauthorized practice.

    This section is new; therefore, it has been completely underscored.

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