W. Va. Code R. § 114-85-7

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

Section 114-85-7 - Suspension, Revocation or Probation of a License

7.1. If a PEO fails to comply with any of the requirements for a license or renewal of a license, the Commissioner may suspend or revoke the license or place the PEO on probation until such time the PEO comes into compliance with the licensing requirements.

7.2. The Commissioner may suspend or revoke the license of a PEO or place a PEO on probation for a violation of any provision of this rule, W. Va. Code § 33-46A-1et seq., any order of the Commissioner or any law relating to the conduct of the business of the PEO.

7.3. In determining an appropriate sanction, the Commissioner may consider the following:

7.3.a. The record of previous violations by the PEO;

7.3.b. The significance or scale of the violation;

7.3.c. The existence of outstanding reports or failures to pay;

7.3.d. Failure to respond to a request to produce records, documents or proof of payment;

7.3.e. Submission of falsified or altered records, forms, documents or proof of payment;

7.3.f. Whether the violations were willful or knowing; and

7.3.g. Good faith efforts by the PEO to remedy any violations.

7.4. Hearings. Any hearing regarding actions taken pursuant to this rule or W. Va. Code § 33-46A-1et. seq. shall be conducted pursuant to W. Va. Code § 33-2-13 and W. Va. CSR §114 CSR 13-1 et. seq.

W. Va. Code R. § 114-85-7