Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-14-2 - Definitions2.1. "Act" means the West Virginia Plant Pest Act (W. Va. Code § 19-12-1 et seq.).2.2. "Administrative Hearing Officer" means a person contracted by the Commissioner to preside over a formal hearing.2.3. "Commercial Shipment" means articles intended to be transported to another state or country by an individual or combination of individuals, partnership, corporation, company, society, association or other business entity for the purpose of making a profit or procuring customers.2.4. "Commissioner" means the Commissioner of the West Virginia Department of Agriculture or his or her authorized representative.2.5. "Compliance Officer" means a person appointed by the Commissioner to preside over an informal hearing arising as a result of this Rule.2.6. "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.2.7. "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 this Rule.2.8. "Infected" or "Infested" means contaminated with a pest, or so exposed, that it would be reasonable to believe that infection or an infestation exists.2.9. "Insect, Noxious Weed and Plant Pest Dissemination Violation" means any violation of W. Va. Code § 19-12-14, which requires that a permit be issued for the introduction or distribution of live insects, noxious weeds or plant pests in this state. 2.10. "Inspection Violation" means any violation of W. Va. Code § 19-12-11, 19-12-8 or 19-12-10 or Section 8 of this Rule related to the discharge of an inspector's duties.2.11. "Noncommercial Shipment" means articles intended to be transported to another state or country but not for the purpose of making a profit or associated with a business transaction.2.12. "Phytosanitary Certificate" means an official document issued by a state or federal agricultural agency which certifies that specific articles meet the import standards of a specific state or country.2.13. "Plant Certification Violation" means any violation of Sections 9 or 10 of this Rule that relate to the certification of plant material.2.14. "Quarantine Violation" means any violation of the White Pine Blister Rust Quarantine, Black Stem Rust Quarantine, West Virginia Gypsy Moth Quarantine, or any other plant protection quarantine or administrative order established under authority of W. Va. Code § 19-12-6.2.15. "Registration Violation" means any violation of W. Va. Code § 19-12-9 or Sections 2, 3,4, 5, or 9 of this Rule related to the requirements for registering a nursery or dealership.2.16. "Violator" means the person who is alleged to have violated W. Va. Code § 19-12-1 et seq., or any rule, order or permit condition imposed pursuant to W. Va. Code § 19-12-1 et seq.