HB2645 HFIN AM3-18 jhj
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.”