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Home » US Law » 2022 West Virginia Code » Chapter 32B. The West Virginia Commodities Act » Article 2. Administration and Enforcement

§32B-2-1. Investigations

(a) The commissioner may make investigations, within or without this state, as it finds necessary or appropriate to: (1) Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the commissioner; or

§32B-2-10. Procedure for Entry of an Order

(a) The commissioner may commence an administrative proceeding under this chapter by entering a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, […]

§32B-2-11. Judicial Review of Orders

(a) Any person aggrieved by a final order of the commissioner may obtain a review of the order in the circuit court of Kanawha County by filing, within sixty days after the entry of the order, a written petition requesting that the order be modified or set aside, in whole or in part. A copy […]

§32B-2-12. Pleading Exemptions

It is not necessary to negate any of the exemptions of this chapter in any complaint, information or indictment, or in any writ or proceeding brought under this chapter, and the burden of proof of any such exemption is upon the party claiming the exemption.

§32B-2-13. Affirmative Defense

(a) It is a defense in any complaint, information, indictment, writ or proceeding brought under this chapter alleging a violation of the provisions of section two, article one of this chapter, based solely on the failure in an individual case to make physical delivery within the applicable time period under the provisions of subsection (e), […]

§32B-2-2. Enforcement of Chapter

(a) If the commissioner believes, whether or not based upon an investigation conducted under the provisions of section one of this article, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order under the provisions of […]

§32B-2-3. Power of Court to Grant Relief

(a) (1) Upon a proper showing by the commissioner that a person has violated, or is about to violate, any provision of this chapter or any rule or order of the commissioner, the circuit court may grant appropriate legal or equitable remedies. (2) Upon showing of violation of this chapter or a rule or order […]

§32B-2-5. Administration of Chapter

(a) This chapter shall be administered by the commissioner of this state. (b) Neither the commissioner nor any employees of the commissioner may use any information that is filed with or obtained by the commissioner that is not public information for personal gain or benefit, nor may the commissioner nor any employees of the commissioner […]

§32B-2-6. Cooperation With Other Agencies

(a) To encourage uniform application and interpretation of this chapter and of securities regulation and enforcement in general, the commissioner and the employees of the commissioner may cooperate, and bear the expense of such cooperation, with the securities agencies or commissioner of another jurisdiction, Canadian province or territory, any other agencies administering this chapter, the […]

§32B-2-7. General Authority to Adopt Rules, Forms and Orders

(a) In addition to specific authority granted elsewhere in this chapter, the commissioner may make, amend and rescind rules, forms and orders as are necessary to effectuate the provisions of this chapter. The rules or forms include, but are not limited to, the following: (1) Rules defining any terms, whether or not used in this […]

§32B-2-8. Consent to Service of Process

When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order of the commissioner, such conduct shall cause the appointment of the commissioner as the person's attorney to receive service of any lawful process in a noncriminal proceeding against the person, a […]

§32B-2-9. Scope of the Chapter

(a) Sections two, five and six, article one of this chapter shall apply to persons who sell or offer to sell when: (1) An offer to sell is made in this state; or