W. Va. Code R. § 61-28-5 - Criminal penalties; civil penalties; negotiated agreement

5.1. Criminal penalties. -- Any person who shall violate any of the provisions of this article, or who shall obstruct or hinder the commissioner, or any officer or employee, in the performance of his duties under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for the first offense, be fined not more than one hundred dollars, and upon conviction for each subsequent offense fined not more than five hundred dollars, and in addition to such fine may be confined in the county jail for not more than ninety days.

5.2. Upon application by the Commissioner, the circuit court of the county in which the violation is occurring, has occurred or is about to occur, may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule promulgated under this article, notwithstanding the existence of other remedies at law. An injunction shall be issued without bond.

5.3. A state court may not allow for the recovery of damages for any administrative action taken, if the court finds that there was a probable cause for the action.

5.4. It is the duty of the prosecuting attorney of the county in which the violation occurred to represent the Department of Agriculture, to institute proceedings and to prosecute the person charged with a violation.

Notes

W. Va. Code R. § 61-28-5