WVC 31 - 17 - 16
§31-17-16. Actions to enjoin violations.
(a) Whenever it appears to the commissioner that any person
has been or is violating or is about to violate any provision of
this article, any rules of the commissioner or any final order of
the commissioner, the commissioner may apply in the name of the
state, to the circuit court of the county in which the violation or
violations, or any part thereof, has occurred, is occurring or is
about to occur, or the judge thereof in vacation, for an injunction
against such person and any other persons who have been, are or are
about to be, involved in, or in any way participating in, any
practices, acts or omissions, so in violation, enjoining such
person or persons from any such violation or violations. Such
application may be made and prosecuted to conclusion whether or not
any such violation or violations have resulted or shall result in
prosecution or conviction under the provisions of section eighteen
of this article.
(b) Upon application by the commissioner as aforesaid, the
circuit courts of this state may by mandatory or prohibitory
injunction compel compliance with the provisions of this article,
any rules of the commissioner and all final orders of the
commissioner. The court may issue a temporary injunction in any
case pending a decision on the merits of any application filed.
(c) The judgment of the circuit court upon any application
permitted by the provisions of this section shall be final unless
reversed, vacated or modified on appeal to the supreme court of appeals. Any such appeal shall be sought in the manner and within
the time provided by law for appeals from circuit courts in other
(d) The commissioner shall upon request be represented in all
such proceedings by the attorney general or his assistants, all
without additional compensation.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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