Statutes, codes, and regulations
West Virginia Administrative Code
Agency 61 - AgricultureTitle 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE
Series 61-12F - Assessment Of Civil Penalties And Procedures For Consent Agreement Or Negotiated Settlement
Section 61-12F-2 - Definition

W. Va. Code R. § 61-12F-2

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-12F-2 - Definition
2.1. "Act" means the West Virginia Pesticide Control Act of 1990 (W. Va. Code '19-16A-1 et seq.).
2.2. "Administrative Hearing Officer" means a person contracted by the commissioner to preside over a formal hearing.
2.3. "Commissioner" means the Commissioner of the West Virginia Department of Agriculture or his authorized representative.
2.4. "Compliance Officer" means a person appointed by the commissioner to preside over an informal hearing arising as a result of these rules.
2.5. "Consent Agreement" means a document executed between the commissioner and another party affirming the level of a proposed penalty for an alleged violation or violations.
2.6. "Enforcement Officer" means a person appointed by the commissioner to carry out the review of alleged violations, assessment of the penalty and the procedure contained in these rules.
2.7. "Inspector" means an authorized representative of the commissioner who as a normal function of his responsibilities conducts inspections, investigations, or sampling of activities regulated by the Act.
2.8. "License Violation" means any violation of the Act related to the requirements for the licensing or registration of pesticide businesses, applicators or technicians.
2.9. "Negotiated Settlement" means any written document executed between the commissioner and another party affirming an agreement to a penalty as a result of an informal hearing.
2.10. "Non-Use Violation" means any violation of the Act related to requirements for records, supervision, special regulations or misrepresentation of goods and service.
2.11. "Product Violation" means any violation of the Act related to requirements of product registration, labeling, coloration, product integrity or guaranteed analysis.
2.12. "Use Violation" means any violation of the Act related to requirements for the use of pesticides.
2.13. "Violator" means the person who is alleged to have violated the Act, or any rule, regulation, order, or permit condition imposed pursuant to the Act.

W. Va. Code R. § 61-12F-2