W. Va. Code R. § 61-23B-8

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-23B-8 - Penalties

8.1. Civil Penalties.

8.1.a. The commissioner may assess any person violating any of the provisions of this rule a civil penalty of up to five hundred dollars for a first offense and up to five thousand dollars for subsequent offenses. In determining the amount of the civil penalty, the commissioner shall give due consideration to: the history of previous violations of that person; the seriousness of the violation, including any irreparable harm to the environment; any hazards to the health and safety of the public and any economic damages to the public; and the demonstrated good faith of the person charged in attempting to achieve compliance with this rule before and after written notification of the violation.

8.1.b. The civil penalty is payable to the West Virginia Department of Agriculture and is collectable in any manner now or hereafter provided for the collection of debt. If any person liable to pay the civil penalty neglects or refuses to pay it, the amount of the civil penalty, together with interest at ten percent, is a lien in favor of the state of West Virginia upon the property, both real and personal, of that person after the lien has been entered and docketed to the record in the county where the property is situated. The clerk of the county, upon receipt of the certified copy of the lien, shall enter the lien to the record without requiring payment of costs as a condition precedent to recording.

8.1.c. Nothing in this rule shall be construed as requiring the commissioner to assess a civil penalty or to institute an embargo, detainment, quarantine or cease and desist order for violation of this rule when he or she believes that the public interest may best be served by a written notice of violation.

8.2. Criminal Penalties.

8.2.a. Any person who violates any provision of this rule is guilty of a misdemeanor, and upon conviction thereof:

8.2.a.1. Shall for the first offense be fined not less than fifty nor more than five hundred dollars;

8.2.a.2. Shall upon each subsequent offense be fined not less than one hundred nor more than one thousand dollars;

8.2.a.3. May be imprisoned in the county or regional jail not more than six months or both fined and imprisoned; and

8.2.a.4. Shall have his or her Shellfish Certificate suspended until the facility is in compliance with the provisions of this rule.

8.3. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this rule.

W. Va. Code R. § 61-23B-8