W. Va. Code R. § 33-22-6 - Individual Civil Administrative Penalties

6.1. The Secretary may assess an individual civil administrative penalty against any corporate director, officer, agent, or employee of a violator, or any other person, who authorizes, orders, or carries out a violation of the statute, rule, order, or permit condition or who fails or refuses to follow an order from the Secretary.

6.2. In determining the amount of a civil administrative penalty to be assessed against a violator under this section, consideration shall be given to the criteria specified in section 7.

6.3. The Secretary shall serve on each violator to be assessed an administrative penalty a notice of individual civil administrative penalty assessment. For purposes of this subsection, service shall be deemed to be sufficient if it satisfies Rule 4 of the West Virginia Rules of Civil Procedure for service of a summons and complaint. A notice of individual civil administrative penalty assessment shall include:

6.3.a. A reference to the section of the statute, rule, order, or permit condition allegedly violated;

6.3.b. A concise statement of the facts alleged to constitute the violation;

6.3.c. A statement of the amount of the individual civil administrative penalty to be imposed;

6.3.d. A copy of the underlying notice of violation; and

6.3.e. A statement of the violator's right to an informal hearing.

6.4. A violator has a right to an informal hearing and/or appeal as outlined in section 5.

6.5. The informal hearing, if requested, will be scheduled and conducted pursuant to subsections 5.2, 5.3 and 5.4.

Notes

W. Va. Code R. § 33-22-6