W. Va. Code R. § 33-22-4

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-22-4 - Penalty Assessment Procedures
4.1. Review of Notice of Violation and Penalty Calculation. The assessment officer shall review each notice of violation referred to him or her for civil administrative penalty assessment to determine:
4.1.a. The appropriateness of a civil administrative penalty;
4.1.b. The initial amount of penalty, if any, based upon the rates and methods given in this rule;
4.1.c. The appropriateness of assessing a daily civil administrative penalty for continuing violations;
4.1.d. The total initial civil administrative penalty assessed; and
4.1.e. The appropriateness of assessing a civil administrative penalty against an individual.
4.2. Notice of Civil Administrative Penalty. The assessment officer shall provide the violator by certified mail or personal delivery with:
4.2.a. A notice of civil administrative penalty which shall include procedures for requesting an informal hearing and a notification of applicable time constraints; or
4.2.b. A notice of dismissal.

W. Va. Code R. § 33-22-4