W. Va. Code R. § 61-6A-9

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-6A-9 - Deficiency Assessment, Tolerances, and Payment
9.1. When the calcium carbonate equivalent is found to be over five percent deficient from the stated guarantee, the registrant shall pay a deficiency assessment equal to two times the actual cash value of the deficiency based on the retail price per ton at the distribution point where the official sample was collected. The cash value of the deficiency is calculated by multiplying the actual percent deficiency, less the five percent taken, times the retail price per ton, times the tons in the lot sampled. The minimum assessed penalty is listed in Appendix Number 1- Fees of this Rule.
9.2. When the product is found to be over five percent deficient from the stated guarantee in one or more of the guarantees for fineness, a penalty shall be paid as listed in Appendix Number 1- Fees of this Rule.
9.3. When the product is found to be over ten percent deficient from the stated guarantee for one or more of the following guarantees: Calcium oxide, magnesium oxide, calcium carbonate, magnesium carbonate, a penalty shall be paid as listed in Appendix Number 1- Fees of this Rule.
9.4. If any deficiency assessment has not been paid within sixty days of the notice of the assessment, then a late payment penalty shall be paid as listed in Appendix Number 1- Fees of this Rule.

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W. Va. Code R. § 61-6A-9