W. Va. Code R. § 38-2C-11

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

Section 38-2C-11 - Penalties

11.1. Suspension -- Upon service of a written notice of violation by the Director to a certified blaster, the Director may also, based on clear and convincing evidence of a violation, issue an order suspending his or her certification. Prior to the issuance of such an order, the certified blaster shall be granted a hearing before the Director to show cause why his or her certification should not be suspended.

The period of suspension will be conditioned upon the time period for completion of remedial measures to abate the violation as specified in the notice of violation. The Director may also require retraining or reexamination as a condition for reinstatement of certification.

11.2. Revocation -- If the remedial action required to abate a notice of violation issued by the Director to a certified blaster is not taken within the specified time period for abatement, the Director may revoke the blaster's certification and require the blaster to relinquish his or her certification card. Revocation will occur if the certified blaster fails to retrain or fails to take and pass reexamination as a requirement for remedial action as described in subsection 11.1 of this Section.

11.3. Civil and Criminal Penalties. Any certified blaster is subject to the individual civil and criminal penalties provided for in West Virginia Code § 22-3-17.

W. Va. Code R. § 38-2C-11