W. Va. Code R. § 204-1-10

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

Section 204-1-10 - Enforcement of Rules Governing Public Use of the Hatfield-McCoy Recreation Area

10.1. Responsibility for enforcing the rules -- Rangers, the Executive Director or designee, shall enforce all of the provisions of this rule.

10.2. Criminal Violation of rules and penalties:

10.2.a. Any person violating any of the provisions of this rule is guilty of a misdemeanor, and, upon conviction thereof, shall be punished in accordance with W. Va. Code § 20-14-8.

10.2.b. Every ranger or other law enforcement officer upon issuing a violation notice for a violation of any provision of this series of rules or for any other violation of state law that occurs within the Hatfield-McCoy enforcement area shall promptly deposit the original or a copy of the violation notice with a court having jurisdiction over the alleged violation.

10.2.c. Upon the deposit of the original or a copy of a criminal violation notice with a court having jurisdiction, the violation notice may be disposed of only by trial or other official action by a judge of the court, including by forfeiture of bail or collateral or payment of the fine and costs by the person who was cited for the violation.

10.3. Civil violation of rules and penalties:

10.3.a. Any person who violates any of the provisions of these rules relating to permits or failure to purchase a permit, safety violations or other civil violations may be charged with a lesser civil violation which is subject to a civil penalty of one hundred dollars.

10.3.b. Authority rangers shall issue citations for civil violations.

10.3.c. All civil penalties for civil violations received pursuant to this rule shall be remitted to the Authority for deposit.

10.4. It shall be unlawful and shall constitute official misconduct for any ranger, other law enforcement officer, employee of the Authority, officer or employee of the court, or other public officer or employee to dispose of a violation notice or the record of the issuance of a violation notice other than as required by this subsection, subsection 10.2 or 10.3 of this rule, and other applicable state law.

10.5. The Executive Director or his or her designated chief ranger shall require the return of a copy of every violation notice issued by any ranger to a violator and of every violation notice form provided to any ranger that has been spoiled or written upon and not issued to a violator.

W. Va. Code R. § 204-1-10