W. Va. Code R. § 142-13-1

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

Section 142-13-1 - General

1.1. Scope. -- This legislative rule defines certain deceptive acts or practices and sets forth certain requirements for sellers and providers of consumer services by health spas in West Virginia, its counties, and all political subdivisions.

1.2. Authority. -- W. Va. Code ''46A-7-102(1)(e) and 46A-6-103.

1.3. Filing Date. -- May 14, 1990.

1.4. Effective Date. -- July 1, 1990.

1.5. Repeal of Former Rule. -- Not applicable.

1.6. Penalties. -- Except as otherwise indicated, a violation of this rule constitutes a violation of the West Virginia Consumer Credit and Protection Act, W.Va. Code '46A-6-104 and any person violating the provisions of this rule or the provisions of the West Virginia Consumer Credit and Protection Act shall be subject to a civil penalty in the amount of Five Thousand Dollars for each transaction or occurrence of a repeated and willful violation.

1.7. Construction. -- This rule shall be liberally construed to effectuate the purposes of the West Virginia Consumer Credit and Protection Act, W. Va. Code '46A-1-101 et seq.

1.8. Severability. -- If, for any reason, any section, subsection, sentence, clause, phrase, or provision of this rule or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other sections, subsections, sentences, clauses, phrases, or provisions or its application to any other person or circumstance, and to this end each and every section, subsection, sentence, clause, phrase, or provision of this rule is hereby declared severable.

W. Va. Code R. § 142-13-1