W. Va. Code R. § 61-6-13 - Hearings, Penalties and Prosecutions
13.1. Any person, registrant, distributor, or
possessor from whom a violative sample was collected has the right to a hearing
within fifteen (15) days from the date of receipt of certified mail of the
sample report.
13.2. Criminal
penalties. - Any person violating any of the provisions of this rule is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not less than one
hundred dollars nor more than two hundred dollars for the first offense, and
for each subsequent offense, shall be fined not less than two hundred nor more
than five hundred dollars, or imprisoned in the county jail not more than six
months, or both fined and imprisoned. Magistrates have concurrent jurisdiction
with circuit courts to enforce the provisions of this article.
13.3. Not withstanding any other provision of
law to the contrary, the commissioner may propose for promulgation and adopt
rules which permit consent agreements or negotiated settlements for the civil
penalties assessed as a result of a violation of the provisions of this
article.
13.4. Nothing in this rule
may be construed as to require the commissioner to report minor violations of
this article when the commissioner believes that the public interest will be
best served by a written notice.
13.5. No state court may allow the recovery
of damages for administrative action taken if the court finds that there was
probable cause for the action.
APPENDIX NUMBER 1
FEES OF THIS RULE
| TYPE OF FEE | SECTION REFERENCE | FEE | DESCRIPTION |
| Fertilizer Registration | 3.1 | $ 4.00 | Per brand & grade; bulk, or packages 10# |
| Fertilizer Registration | 3.1 | $30.00 | Per brand & grade; packages 10# or less |
| Soil Amendment Registration | 3.2 | $75.00 | Per brand |
| Compost Registration | 3.2 | $75.00 | Per brand |
| Horticultural Growing Media Registration | 3.2 | $75.00 | Per brand |
| Fertilizer Formulation Permit | 3.3 | $35.00 | Per year & location |
| Late Registration Penalty Fee | 3.4 | $100.00 | Per year and in addition to registration fee |
| Fertilizer Inspection Fee | 3.6 | $ 0.40 | Per ton per quarter; bulk, or packages 10# |
| Fertilizer Inspection Fee | 3.6 | $ 15.00 | Per brand & grade; Packages 10# or less |
| Late Tonnage Report/Inspection Fee Collection Fee | 3.6.a | 10% | Additional to Inspection Fee |
| Short In Weight | 3.7 | 4 times | Value of shortage |
Notes
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