Senate Bill No. 56
(By Senators Minard, Deem and Jenkins)
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[Introduced February 9, 2005; referred to the Committee
on Banking and Insurance.]
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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 in regard to 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 violation scenarios under 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.