W. Va. Code R. § 61-23B-5 - Certification

5.1. All commercial processors in the state of West Virginia shall:

5.1.a. Apply for a shellfish processors certificate and fall into at least one of the following categories:

5.1.a.1. Shellstock Shipper (SS);

5.1.a.2. Shucker - Packer (SP);

5.1.a.3. Repacker (RP);

5.1.a.4. Reshipper (RS); or

5.1.a.5. Depuration Processor (DP).

5.2. The commissioner may deny, revoke or suspend the certificate when he or she concludes that the seriousness of the violations, including irreparable harm to the environment, hazards to the health and safety of the public and economic damages to the public warrant that action.

5.3. The commissioner shall not issue a shellfish dealer certificate until the applicant has complied with all the conditions set forth under in this rule. Once issued, the certificate remains valid unless voluntarily surrendered or suspended, or revoked by the commissioner. Once the certificate is voluntarily surrendered, suspended or revoked, the processor must reapply for and submit all materials required under this section to receive a new certificate.

5.4. All shellfish certificates expire on June 30 of each year. The applicant shall complete the application on forms supplied by the commissioner and return the application no later than June 30 of the application year. The application shall be accompanied by a fee of one hundred dollars ($100.00) per facility. The commissioner shall add a penalty of $100.00 to all certificates that are not applied for or renewed within this time limit. In no case shall a shellfish firm operate without a valid certificate issued by the Department. The certificate shall not be transferable with respect to persons or locations.

Notes

W. Va. Code R. § 61-23B-5