W. Va. Code R. § 150-23-17

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

Section 150-23-17 - Enforcement

The Commission is authorized to inspect or examine any commercial motor vehicle or facility operated by a motor carrier who transports hazardous material or hazardous waste in this state, and may require the production of papers, books, records, documents, or other evidentiary material necessary to determine if a motor carrier is accurately reporting its hazardous material transportation operations and is otherwise complying with the uniform program. The Commission may use subpoenas, depositions and other civil discovery powers authorized by the laws of West Virginia. The Commission may also conduct investigations and audits necessary to determine if a carrier is entitled to a permit or to make suspension or revocation determinations.

17.1. Penalties for violation of hazardous materials transportation requirements, including but not limited to those established pursuant to the uniform program, shall be the penalties established by the law of the participating jurisdiction in which the violation occurs. Nothing in this part shall affect the continuing force of any penalty imposed by a participating jurisdiction for violation of law prior to the effective date of this part.

17.2. A participating jurisdiction that is not the base state for a motor carrier may take any appropriate action against a motor carrier authorized under the jurisdiction's law, up to and including suspension of the motor carrier's authority to transport hazardous materials within the jurisdiction.

17.3. A participating jurisdiction that has taken enforcement action against a motor carrier may determine the length of time that any such penalty applies and the conditions that must be satisfied prior to its removal.

17.4. For cause, the base state may suspend a registration or permit issued pursuant to the uniform program and may establish the conditions that must be satisfied prior to the removal of any such suspension.

17.5. For cause, the base state may revoke a registration or permit issued pursuant to the uniform program. If a registration or permit is revoked, before again transporting hazardous materials, the motor carrier must reapply for a new registration or permit pursuant to the forms and procedures of the uniform program.

W. Va. Code R. § 150-23-17