W. Va. Code R. § 114-85-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-85-12 - Enforcement and penalties

12.1. If the Commissioner finds that any licensed PEO has violated any provisions of this rule or any provisions in W. Va. Code § 33-46A-1 et seq., the Commissioner may, in lieu of a suspension or revocation, order the PEO to pay a penalty in a sum not to exceed $10,000. If the PEO fails to pay the penalty within thirty days after notice of the penalty, the Commissioner may revoke or suspend the license of the PEO.

12.2. With respect to any person operating as a PEO without a license, the Commissioner may, pursuant to W. Va. Code § 33-46A-4 a(a), do one or more of the following:

12.2.a. File a complaint in the Circuit Court of Kanawha County or in any county in which illegal PEO activities are alleged to have occurred to enjoin the person from engaging in any act that constitutes a PEO service; and

12.2.b. After notice and hearing in accordance with W. Va. Code § 33-2-13, assess restitution in an amount sufficient to reimburse any person adversely affected by the operation of the unlicensed PEO and, in addition to or in lieu of restitution, impose a fine in a sum not to exceed $20,000 for each unauthorized act.

W. Va. Code R. § 114-85-12