Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-11-9 - Injunctions From Carrying On Business9.1. Pursuant to the provisions of W. Va. Code § 33-2-22(b), the Commissioner may bring an action against a default employer in the Circuit Court of Kanawha County to enjoin such default employer from continuing to carry on business.9.2. Pursuant to the provisions of W. Va. Code § 33-2-22(c), the Circuit Court of Kanawha County shall issue an injunction prohibiting the default employer from operating its business if the Commissioner proves by a preponderance of the evidence that the employer is in default status.9.3. The Commissioner may, in the Commissioner's sole discretion, as an alternative to pursuing such an injunction as described in this section, require a default employer to file a bond in the form prescribed by the Commissioner with satisfactory surety in an amount not less than fifty percent more than the payments and interest due. The bond must be issued by a corporate surety satisfactory to the Commissioner.