W. Va. Code R. § 182-01-12

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

Section 182-01-12 - Enforcement and Penalties

12.1. Penalty for License Violation. A commercial Whitewater outfitter who violates the terms and conditions of his license shall be subject to the penalties prescribed in West Virginia Code § 20-7-9.

12.2.Penalty for Failure to Obtain a License. A commercial Whitewater outfitter who does not obtain a license shall be subject to the penalties prescribed in West Virginia Code § 20-2-25.

12.3.Modification, Suspension, or Revocation of License. If the director determines that a pattern of violations of any requirement of these regulations or any term or condition of a license exists or has existed as a result of the licensee's lack of reasonable care or diligence, or that such violations are willfully caused by the licensee, the director shall immediately issue an order directing the licensee to show cause why the license should not be modified, suspended, or revoked and giving the licensee thirty days in which to request a hearing subject to the provisions of West Virginia Code §29A-5. Within sixty days following such hearing, the director shall issue and furnish to the licensee a written decision, and the reasons therefore, concerning the modification, suspension, or revocation of the license. Upon a licensee's failure to show cause why the license should not be modified, suspended, or revoked, the director may modify, suspend, or revoke the license, forfeit the licensee's bond posted under West Virginia Code § 20-2-26, and give notice to the Attorney General of the State to seek collection of the forfeiture without delay.

12.4. License modification, suspension, and revocation procedures shall be governed by the provisions of West Virginia Code §29A-5 unless "otherwise specified in these regulations.

W. Va. Code R. § 182-01-12