W. Va. Code R. § 60-6-4

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-6-4 - Survey and Registration Response-Secretary's Determination
4.1. Persons subject to this rule must complete the survey and registration requirements established by the Secretary in accordance with the Act. If a good faith effort has been made to comply, a penalty will not initially be assessed when the Secretary disagrees with any interpretations or calculations made in completing the survey or registration.
4.2. When the Secretary disagrees with any interpretations or calculations submitted in a survey or registration, he or she will issue a written determination explaining why the agency disagrees and establishing the appropriate calculations and interpretations to be used in the survey or registration.
4.3. The written determination will be sent by certified mail and will notify the person of the requirement to correct the information within thirty (30) days. The determination will also inform the person that if the corrected information is not submitted within thirty (30) days of receipt, or some greater time designated by the Secretary, the person will be considered to be in violation and the Secretary will assess a penalty in accordance with this policy.
4.4. A non-confidential version of each written determination issued by the Secretary will be posted on the Water Resources Protection Act web page. These determinations will be the governing documents for interpretations and calculations for all future surveys or registrations.

W. Va. Code R. § 60-6-4