W. Va. Code R. agency 61, tit. 61, ser. 61-14, tbl. 61-14-A
Registration Violations
Violation - Exposing or offering for sale, selling, delivering, or giving away plants or parts of plants commonly known as nursery stock without having first secured from the Commissioner a certificate of registration. Nursery - (W. Va. Code § 19-12-9 and Section 3 of this Rule). Nursery Dealer - (W. Va. Code § 19-12-9).
| Level of Violation | Level of Penalty |
| First Offense, No Prior Knowledge | Written Notice |
| First Offense, Prior Knowledge | $50-$100 |
| Second Offense | $100-$250 |
| Third offense and each repeat offense thereafter. | $500 |
Violation - Failure to post the certificate of registration in a conspicuous location at the place of business. Nursery - (Section 4 of this Rule). Nursery Dealer - (Section 6 of this Rule).
| Level of Violation | Level of Penalty |
| First Offense | Written Notice |
| Second Offense | $25 - $50 |
| Third Offense and each repeat offense thereafter. | $50-$100 |
Violation - Failure of a Nursery Dealer to inform the West Virginia Department of Agriculture about the source of their nursery stock. (Section 6 of this Rule).
| Level of Violation | Level of Penalty |
| First Offense. Adverse effects not probable. | Written Notice |
| First Offense. Adverse effects probable or demonstrated. | $100-$250 |
| Second offense and each repeat offense thereafter. Adverse effects not probable. | $100 - $250 |
| Second Offense and each repeat offense thereafter. Adverse effects probable or demonstrated. | $500-$1000 |
Inspection Violations Violation - Interfering with an inspector's ability to perform his or her duties. (W. Va. Code § 19-12-8)
| Level of Violation | Level of Penalty |
| First Offense | Written Notice |
| Second Offense | $100 - $250 |
| Third Offense and each repeat offense thereafter. | $500-$1000 |
Violation - Failure to comply with a plant pest control order. (W. Va. Code § 19-12-10).
| Level of Violation | Level of Penalty |
| First Offense. Adverse effects not probable. | Written Notice |
| First Offense. Adverse effects probable or demonstrated. | $100 - $250 |
| Second Offense and each repeat offense thereafter. Adverse effects not probable. | $250 - $500 |
| Second Offense and each repeat offense thereafter. Adverse effects probable or demonstrated. | $500 - $1000 |
Violation - Maintaining conditions which prevent a thorough plant pest examination. (Section 8 of this Rule).
| Level of Violation | Level of Penalty |
| First Offense | Written Notice |
| Second Offense | $50-$100 |
| Third Offense and each offense thereafter. | $100 |
Plant Certification Violations
Violation - Transporting nursery stock without a valid certificate of inspection. (W. Va. Code § 19-12-11).
| Level of Violation | Level of Penalty |
| First Offense. Adverse effects not probable. | Written Notice |
| First Offense. Adverse effects probable or demonstrated. | $100 - $250 |
| Second Offense. Adverse effects not probable. | $50 - $100 |
| Second Offense. Adverse effects probable or demonstrated. | $250 - $500 |
| Third Offense and each repeat offense thereafter. Adverse effects not probable. | $100 - $250 |
| Third Offense and each repeat offense thereafter. Adverse effects probable or demonstrated. | $500 - $1000 |
Violation - Distributing native nursery stock without proper inspection and certification. (Section 9 of this Rule).
| Level of Violation | Level of Penalty |
| First Offense. Adverse effects not probable. | Written Notice |
| First Offense. Adverse effects probable or demonstrated. | $250 - $500 |
| Second Offense. Adverse effects not probable. | $100-$250 |
| Second Offense. Adverse effects probable or demonstrated. | $500 - $750 |
| Third Offense and each repeat offense thereafter. Adverse effects not probable. | $250 - $500 |
| Third Offense and each repeat offense thereafter. Adverse effects probable or demonstrated. | $750 - $1000 |
Quarantine Violations
Violation - Failure to comply with the provisions of an administrative order or quarantine. (W. Va. Code § 19-12-6).
| Level of Violation | Level of Penalty |
| First Offense. Adverse effects not probable. | Written Notice |
| First Offense. Adverse effects probable or demonstrated. | $100-$500 |
| Second Offense. Adverse effects not probable. | $300 - $700 |
| Second Offense. Adverse effects probable or demonstrated. | $700 - $1000 |
| Third Offense and each repeat offense thereafter. Adverse effects not probable. | $500 - $700 |
| Third Offense and each repeat offense thereafter. Adverse effects probable or demonstrated. | $1000 |
Insect, Noxious Weed and Plant Pest Dissemination Violations
Violation - Selling, transporting or distributing plant pests, noxious weeds or insects without a valid permit. (W. Va. Code § 19-12-14).
| Level of Violation | Level of Penalty |
| First Offense. Adverse effects not probable. | Written Notice |
| First Offense. Adverse effects probable or demonstrated. | $100 - $500 |
| Second Offense and each repeat offense thereafter. Adverse effects not probable. | $250 - $500 |
| Second Offense and each repeat offense thereafter. Adverse effects probable or demonstrated. | $500 - $1000 |
W. Va. Code R. agency 61, tit. 61, ser. 61-14, tbl. 61-14-A