H. B. 2221
(By Delegate H. White)
[Introduced January 11, 2006
; 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.