HB2645 HFIN AM3-18jhj
The Committee on Finance moves to amend the bill on page
two, section one, line five, following the word "authorized", by
striking out the period and inserting a comma and the following:
"with the amendment set forth below:
On page four, section five, line three, by striking out the
entire section five and inserting the following:
5.1. Any person who shall violate any of the provisions of
this rule shall be subject to the provisions of this section.
5.2. For violation of any of the provisions of this rule,
the Commissioner may apply to the circuit court of the county in
which the violation is occurring, has occurred, or is about to
occur, for a temporary or permanent injunction, notwithstanding
the existence of other remedies at law. An injunction shall be
issued without bond.
5.3. A state court may not allow for the recovery of damages
for any administrative action taken, if the court finds that
there was a provably cause for the action.
5.4. It is the duty of the prosecuting attorney of the
county in which the violation occurred to represent the
Department of Agriculture, to institute proceedings and to
prosecute the person charged with the violation of this rule, and
with any violation under section forty, article nine, chapter
nineteen of the West Virginia Code."